This fully revised and extended edition of James Nickel's classic study explains and defends the conception of human rights found in the Universal Declaration of Human Rights and subsequent human rights treaties. Combining philosophical, legal, and political approaches, Nickel addresses questions about what human rights are, what their content should be, and whether and how they can be justified.

Bernhard Nickel presents a theory of generic sentences and the kind-directed modes of thought they express. The theory closely integrates compositional semantics with metaphysics to solve the problem that generics pose: what do generics mean? Generic sentences are extremely simple, yet if there are patterns to be discerned in terms of which are true and which are false, these patterns are subtle and complex. Ravens are black, and lions have manes: statistical measures cannot do justice to the facts, but what (...) else is there that has a hope of giving us insight into what we are capturing across so many domains? Nickel argues that generics are the top of a fundamentally explanatory iceberg, and that this explanatory framework is deeply intertwined with the semantics of the language we use to express them. In providing an integrated semantic and metaphysical theory of generics, he aims to solve old puzzles and draw attention to new phenomena. (shrink)

This paper sets out an account of trust in AI as a relationship between clinicians, AI applications, and AI practitioners in which AI is given discretionary authority over medical questions by clinicians. Compared to other accounts in recent literature, this account more adequately explains the normative commitments created by practitioners when inviting clinicians’ trust in AI. To avoid committing to an account of trust in AI applications themselves, I sketch a reductive view on which discretionary authority is exercised by AI (...) practitioners through the vehicle of an AI application. I conclude with four critical questions based on the discretionary account to determine if trust in particular AI applications is sound, and a brief discussion of the possibility that the main roles of the physician could be replaced by AI. (shrink)

This paper explores the role of moral uncertainty in explaining the morally disruptive character of new technologies. We argue that existing accounts of technomoral change do not fully explain its disruptiveness. This explanatory gap can be bridged by examining the epistemic dimensions of technomoral change, focusing on moral uncertainty and inquiry. To develop this account, we examine three historical cases: the introduction of the early pregnancy test, the contraception pill, and brain death. The resulting account highlights what we call “differential (...) disruption” and provides a resource for fields such as technology assessment, ethics of technology, and responsible innovation. (shrink)

I contrast two approaches to the interpretation of generics such as ‘ravens are black:’ majority-based views, on which they are about what is the case most of the time, and inquiry-based views, on which they are about a feature we focus on in inquiry. I argue that majority-based views face far more systematic counterexamples than has previously been supposed. They cannot account for generics about kinds with multiple characteristic properties, such as ‘elephants live in Africa and Asia.’ I then go (...) on to sketch an inquiry-based view. (shrink)

A person sometimes forms moral beliefs by relying on another person''s moral testimony. In this paper I advance a cognitivist normative account of this phenomenon. I argue that for a person''s actions to be morally good, they must be based on a recognition of the moral reasons bearing on action. Morality requires people to act from an understanding of moral claims, and consequently to have an understanding of moral claims relevant to action. A person sometimes fails to meet this requirement (...) when she relies on another person''s moral testimony, and so there are moral limits on such reliance. (shrink)

A person presented with adequate but not conclusive evidence for a proposition is in a position voluntarily to acquire a belief in that proposition, or to suspend judgment about it. The availability of doxastic options in such cases grounds a moderate form of doxastic voluntarism not based on practical motives, and therefore distinct from pragmatism. In such cases, belief-acquisition or suspension of judgment meets standard conditions on willing: it can express stable character traits of the agent, it can be responsive (...) to reasons, and it is compatible with a subjective awareness of the available options. (shrink)

This paper develops a philosophical account of moral disruption. According to Robert Baker (2013), moral disruption is a process in which technological innovations undermine established moral norms without clearly leading to a new set of norms. Here I analyze this process in terms of moral uncertainty, formulating a philosophical account with two variants. On the Harm Account, such uncertainty is always harmful because it blocks our knowledge of our own and others’ moral obligations. On the Qualified Harm Account, there is (...) no harm in cases where moral uncertainty is related to innovation that is “for the best” in historical perspective, or where uncertainty is the expression of a deliberative virtue. The two accounts are compared by applying them to Baker’s historical case of the introduction of mechanical ventilation and organ transplantation technologies, as well as the present-day case of mass data practices in the health domain. (shrink)

Jennifer Lackey’s case “Creationist Teacher,” in which students acquire knowledge of evolutionary theory from a teacher who does not herself believe the theory, has been discussed widely as a counterexample to so-called transmission theories of testimonial knowledge and justification. The case purports to show that a speaker need not herself have knowledge or justification in order to enable listeners to acquire knowledge or justification from her assertion. The original case has been criticized on the ground that it does not really (...) refute the transmission theory, because there is still somebody in a chain of testifiers—the person from whom the creationist teacher acquired what she testifies—who knows the truth of the testified statements. In this paper, we provide a kind of pattern for generating counterexample cases, one that avoids objections discussed by Peter Graham and others in relation to such cases. (shrink)

Intentionalism is the claim that the phenomenological properties of a perceptual experience supervene on its intentional properties. The paper presents a counter-example to this claim, one that concerns visual grouping phenomenology. I argue that this example is superior to superficially similar examples involving grouping phenomenology offered by Peacocke (Sense and Content, Oxford: Oxford University Press), because the standard intentionalist responses to Peacocke’s examples cannot be extended to mine. If Intentionalism fails, it is impossible to reduce the phenomenology of an experience (...) to its content. (shrink)

This paper defends the view that trust is a moral attitude, by putting forward the Obligation-Ascription Thesis: If E trusts F to do X, this implies that E ascribes an obligation to F to do X. I explicate the idea of obligation-ascription in terms of requirement and the appropriateness of blame. Then, drawing a distinction between attitude and ground, I argue that this account of the attitude of trust is compatible with the possibility of amoral trust, that is, trust held (...) among amoral persons on the basis of amoral grounds. It is also compatible with trust adopted on purely predictive grounds. Then, defending the thesis against a challenge of motivational inefficacy, I argue that obligation-ascription can motivate people to act even in the absence of definite, mutually-known agreements. I end by explaining, briefly, the advantages of this sort of moral account of trust over a view based on reactive attitudes such as resentment. (shrink)

Technology is a practically indispensible means for satisfying one’s basic interests in all central areas of human life including nutrition, habitation, health care, entertainment, transportation, and social interaction. It is impossible for any one person, even a well-trained scientist or engineer, to know enough about how technology works in these different areas to make a calculated choice about whether to rely on the vast majority of the technologies she/he in fact relies upon. Yet, there are substantial risks, uncertainties, and unforeseen (...) practical consequences associated with the use of technological artifacts and systems. The salience of technological failure (both catastrophic and mundane), as well as technology’s sometimes unforeseeable influence on our behavior, makes it relevant to wonder whether we are really justified as individuals in our practical reliance on technology. Of course, even if we are not justified, we might nonetheless continue in our technological reliance, since the alternatives might not be attractive or feasible. In this chapter I argue that a conception of trust in technological artifacts and systems is plausible and helps us understand what is at stake philosophically in our reliance on technology. Such an account also helps us understand the relationship between trust and technological risk and the ethical obligations of those who design, manufacture, and deploy technological artifacts. (shrink)

Theories of explanation seek to tell us what distinctively explanatory information is. The most ambitious ones, such as the DN-account, seek to tell us what an explanation is, tout court. Less ambitious ones, such as causal theories, restrict themselves to a particular domain of inquiry. The least ambitious theories constitute outright skepticism, holding that there is no reasonably unified phenomenon to give an account of. On these views, it is impossible to give any theories of explanation at all. I argue (...) that both the less ambitious and outright skeptical varieties are committed to a certain context-sensitivity of our explanatory discourse. And though this discourse is almost certainly context-sensitive in some respects, it does not exhibit the context-sensitivity less than fully ambitious theories are committed to. Therefore, all accounts that seek to restrict themselves in scope, including causal accounts of explanation, fail. (shrink)

In this paper we raise the question whether technological artifacts can properly speaking be trusted or said to be trustworthy. First, we set out some prevalent accounts of trust and trustworthiness and explain how they compare with the engineer’s notion of reliability. We distinguish between pure rational-choice accounts of trust, which do not differ in principle from mere judgments of reliability, and what we call “motivation-attributing” accounts of trust, which attribute specific motivations to trustworthy entities. Then we consider some examples (...) of technological entities that are, at first glance, best suited to serve as the objects of trust: intelligent systems that interact with users, and complex socio-technical systems. We conclude that the motivation-attributing concept of trustworthiness cannot be straightforwardly applied to these entities. Any applicable notion of trustworthy technology would have to depart significantly from the full-blown notion of trustworthiness associated with interpersonal trust. (shrink)

Engineers are traditionally regarded as trustworthy professionals who meet exacting standards. In this chapter I begin by explicating our trust relationship towards engineers, arguing that it is a linear but indirect relationship in which engineers “stand behind” the artifacts and technological systems that we rely on directly. The chapter goes on to explain how this relationship has become more complex as engineers have taken on two additional aims: the aim of social engineering to create and steer trust between people, and (...) the aim of creating automated systems that take over human tasks and are meant to invite the trust of those who rely on and interact with them. (shrink)

Ceteris Paribus (cp-)laws may be said to hold only “other things equal,” signaling that their truth is compatible with a range of exceptions. This paper provides a new semantic account for some of the sentences used to state cp-laws. Its core approach is to relate these laws to natural language on the one hand — by arguing that cp-laws are most naturally expressed with generics — and to natural kinds on the other — by arguing that the semantics of generics (...) in the context of the special sciences are best spelled out by appeal to natural kinds. The paper then goes on to draw on these semantics in order to illuminate several problems raised by cp-laws, some familiar, some new. (shrink)

The article presents a pluralistic model of value change, emphasizing the interplay between technology and societal values. It critiques the Simple Change Model, which suggests a uniform transition from one dominant value scheme to another, arguing instead for emergent and differential value change. Emergent value change occurs when new values arise within specific contexts without displacing existing ones, often influenced by generational experiences with technology and niches where new technologies are introduced. Differential value change highlights how distinct groups may adopt (...) different value schemes based on their unique contexts and experiences, sometimes leading to societal polarization and the need to reconcile incompatible value schemes. The article stresses the importance of individual experiences of ethical uncertainty and disruption in understanding these changes. By integrating these complexities, the model offers a rich, non-deterministic framework for analyzing how values evolve in response to technological advancements. (shrink)

Some of the systems used in natural language generation (NLG), a branch of applied computational linguistics, have the capacity to create or assemble somewhat original messages adapted to new contexts. In this paper, taking Bernard Williams’ account of assertion by machines as a starting point, I argue that NLG systems meet the criteria for being speech actants to a substantial degree. They are capable of authoring original messages, and can even simulate illocutionary force and speaker meaning. Background intelligence embedded in (...) their datasets enhances these speech capacities. Although there is an open question about who is ultimately responsible for their speech, if anybody, we can settle this question by using the notion of proxy speech, in which responsibility for artificial speech acts is assigned legally or conventionally to an entity separate from the speech actant. (shrink)

Some recent accounts of testimonial warrant base it on trust, and claim that doing so helps explain asymmetries between the intended recipient of testimony and other non-intended hearers, e.g. differences in their entitlement to challenge the speaker or to rebuke the speaker for lying. In this explanation ‘dependence-responsiveness’ is invoked as an essential feature of trust: the trustor believes the trustee to be motivationally responsive to the fact that the trustor is relying on the trustee. I argue that dependence-responsiveness is (...) not essential to trust and that the asymmetries, where genuine, can be better explained without reference to trust. (shrink)

Many approaches to the semantics of generic sentences posit an unpronounced quantifier gen. However, while overt quantifiers are conservative, gen does not seem to be. A quantifier Q is conservative iff instances of the following schemas are equivalent: Q As are F and Q As are As that are F. All ravens are black is obviously equivalent to All ravens are ravens that are black, yet ravens are black is not equivalent to ravens are ravens that are black. This may (...) cast doubt on theviability of quantificational analyses of generics. This paper proposes a theory of why such “conservativity” generics are problematic that is compatible with the conservativity of gen and also accounts for perennially troublesome examples such as books are paperbacks and bees are workers. (shrink)

This paper advances a new criterion of a vulnerable population in research. According to this criterion, there are consent-based and fairness-based reasons for calling a group vulnerable. The criterion is then applied to the case of people with serious illnesses. It is argued that people with serious illnesses meet this criterion for reasons related to consent. Seriously ill people have a susceptibility to “enticing offers” that hold out the prospect of removing or alleviating illness, and this susceptibility reduces their ability (...) to safeguard their own interests. This explains the inclusion of people with serious illnesses in the Belmont Report’s list of populations needing special protections, and supports the claim that vulnerability is the rule, rather than the exception, in biomedical research. (shrink)

In this chapter, we consider ethical and philosophical aspects of trust in the practice of medicine. We focus on trust within the patient-physician relationship, trust and professionalism, and trust in Western (allopathic) institutions of medicine and medical research. Philosophical approaches to trust contain important insights into medicine as an ethical and social practice. In what follows we explain several philosophical approaches and discuss their strengths and weaknesses in this context. We also highlight some relevant empirical work in the section on (...) trust in the institutions of medicine. It is hoped that the approaches discussed here can be extended to nursing and other topics in the philosophy of medicine. (shrink)

The adoption of web-based telecare services has raised multifarious ethical concerns, but a traditional principle-based approach provides limited insight into how these concerns might be addressed and what, if anything, makes them problematic. We take an alternative approach, diagnosing some of the main concerns as arising from a core phenomenon of shifting trust relations that come about when the physician plays a less central role in the delivery of care, and new actors and entities are introduced. Correspondingly, we propose an (...) applied ethics of trust based on the idea that patients should be provided with good reasons to trust telecare services, which we call sound trust. On the basis of this approach, we propose several concrete strategies for safeguarding sound trust in telecare. (shrink)

This paper discusses free-choice like effects in generics. Just as Jane may drink coffee or tea can be used to convey Jane may drink coffee and Jane may drink tea (she is free to choose ), some generics with disjunctive predicates can be used to convey conjunctions of simpler generics: elephants live in Africa or Asia can be used to convey elephants live in Africa and elephants live in Asia. Investigating these logically slightly more complex generics and especially the free-choice (...) like effects throws light on both the semantics of generics and the interaction between world knowledge and the interpretive options generics offer. This paper presents a package of semantic and pragmatic hypotheses to account for the data, including why the effect is absent in the superficially logically similar elephants live in Africa or give birth to live young. (shrink)

This paper investigates the interaction between semantic theories for cp-laws (roughly, laws that hold “all things equal”) and metaphysical theories of kinds in the special sciences. Its central conclusion is that cp-laws concerning kinds behave differently from cp-laws concerning non-kinds: “ravens are black” which concerns the kind corvus corax, behaves differently from from “albino ravens are white” which concerns the non-kind grouping of albino ravens. I argue that this difference is in the first instance logical: the two sorts of cp-laws (...) give rise to different inferential patterns. I draw two further conclusions. The difference in logical behavior poses a severe problem for extant semantic theories of cp-laws, and: we cannot elucidate the distinction between kinds and non-kinds by suggesting that only kinds can appear in laws. (shrink)

Modern health data practices come with many practical uncertainties. In this paper, I argue that data subjects’ trust in the institutions and organizations that control their data, and their ability to know their own moral obligations in relation to their data, are undermined by significant uncertainties regarding the what, how, and who of mass data collection and analysis. I conclude by considering how proposals for managing situations of high uncertainty might be applied to this problem. These emphasize increasing organizational flexibility, (...) knowledge, and capacity, and reducing hazard. (shrink)

According to assurance views of testimonial justification, in virtue of the act of testifying a speaker provides an assurance of the truth of what she asserts to the addressee. This assurance provides a special justificatory force and a distinctive normative status to the addressee. It is thought to explain certain asymmetries between addressees and other unintended hearers (bystanders and eavesdroppers), such as the phenomenon that the addressee has a right to blame the speaker for conveying a falsehood but unintended hearers (...) do not, and the phenomenon that the addressee may deflect challenges to his testimonial belief to the speaker but unintended hearers may not. Here I argue that we can do a better job explaining the normative statuses associated with testimony by reference to epistemic norms of assertion and privacy norms. Following Sanford Goldberg, I argue that epistemic norms of assertion, according to which sincere assertion is appropriate only when the asserter possesses certain epistemic goods, can be ‘put to work’ to explain the normative statuses associated with testimony. When these norms are violated, they give hearers the right to blame the speaker, and they also explain why the speaker takes responsibility for the justification of the statement asserted. Norms of privacy, on the other hand, directly exclude eavesdroppers and bystanders from an informational exchange, implying that they have no standing to do many of the things, such as issue challenges or questions to the speaker, that would be normal for conversational participants. This explains asymmetries of normative status associated with testimony in a way logically independent of speaker assurance. (shrink)

This article is a critical review of work on the concept of rights, Including the concept of human rights, From 1963 to 1978. Our focus is mainly on issues of the analysis of rights and human rights. We do not deal with the closely related issues bearing on the normative foundations of moral and human rights. Nor have we attempted much in the way of historical treatment of our topic. Section I surveys general characterizations of rights. In section ii, We (...) discuss treatments of the defeasibility of rights with special attention to the notion of a prima facie right. Section iii takes up attempts to give an account of human rights. Section iv provides a brief conclusion. A bibliography listing what we take to be the most important works in this area, Including everything cited, Concludes our essay. (shrink)

Trust should be able to explain cooperation, and its failure should help explain the emergence of cooperation-enabling institutions. This proposed methodological constraint on theorizing about trust, when satisfied, can then be used to differentiate theories of trust with some being able to explain cooperation more generally and effectively than others. Unrestricted views of trust, which take trust to be no more than the disposition to rely on others, fare well compared to restrictive views, which require the trusting person to have (...) some further attitude in addition to this disposition. The same methodological constraint also favours some restrictive views over others. (shrink)

This article is about relations of support and conflict within systems of fundamental legal rights—and the arguments for and against rights that those relations make possible. Justificatory linkage arguments defend controversial rights by claiming that they provide very useful support to the realisation of well-accepted rights. This article analyses such arguments in detail and discusses their structures, uses and pitfalls. It then shows that linkage arguments can be used not just to defend rights, but also to attack them. When rights (...) conflict—whether severely or weakly, logically or practically—negative linkage arguments attacking them can be based on the trouble they make for other rights. Many examples of conflicts of rights are provided. Negative linkage arguments provide reasons for rejecting, repealing or trimming the criticised right. Such arguments are already in regular use, but their c. (shrink)

Trust is a kind of risky reliance on another person. Social scientists have offered two basic accounts of trust: predictive expectation accounts and staking (betting) accounts. Predictive expectation accounts identify trust with a judgment that performance is likely. Staking accounts identify trust with a judgment that reliance on the person’s performance is worthwhile. I argue (1) that these two views of trust are different, (2) that the staking account is preferable to the predictive expectation account on grounds of intuitive adequacy (...) and coherence with plausible explanations of action; and (3) that there are counterexamples to both accounts. I then set forward an additional necessary condition on trust, according to which trust implies a moral expectation. The content of the moral expectation is this: W hen A trusts B to do x, A ascribes an obligation to B to do x, and holds B to this obligation. This moral expectation account throws new light on some of the consequences of misplaced trust. I use the example of physicians’ defensive behavior to illustrate this final point. (shrink)

Linkage arguments, which defend a controversial right by showing that it is indispensable or highly useful to an uncontroversial right, are sometimes used to defend the right to health care. This article evaluates such arguments when used to defend RHC. Three common errors in using linkage arguments are neglecting levels of implementation, expanding the scope of the supported right beyond its uncontroversial domain, and giving too much credit to the supporting right for outcomes in its area. A familiar linkage argument (...) for RHC focuses on its contributions to the right to life. Among the problems with this argument are that it requires a positive conception of the right to life that is not uncontroversial and that it only justifies the subset of RHC that seeks to prevent loss of life. A linkage argument for RHC with better prospects claims that a well-realized right to health care enhances the realization of a number of uncontroversial rights. (shrink)

I defend economic and social rights as human rights, and as a feasible approach to addressing world poverty. I propose a modest conception of economic and social rights that includes rights to subsistence, basic health care and basic education. The second part of the paper defends these three rights. I begin by sketching a pluralistic justificatory framework that starts with abstract norms pertaining to life, leading a life, avoiding severely cruel treatment, and avoiding severe unfairness. I argue that economic and (...) social rights are not excessively burdensome on their addressees and that they are feasible worldwide in the appropriate sense. Severe poverty violates economic and social rights, and accordingly generates high-priority duties of many parties to work towards its elimination. (shrink)

In this unique volume, some of today's most eminent political philosophers examine the thought of John Rawls, focusing in particular on his most recent work. These original essays explore diverse issues, including the problem of pluralism, the relationship between constitutive commitment and liberal institutions, just treatment of dissident minorities, the constitutional implications of liberalism, international relations, and the structure of international law. The first comprehensive study of Rawls's recent work, The Idea of Political Liberalism will be indispensable for political philosophers (...) and theorists interested in contemporary political thought. (shrink)

The burden of research ethics review falls not just on researchers, but on those who serve on research ethics committees (RECs). With the advent of automated text analysis and generative artificial intelligence, it has recently become possible to teach models to support human judgment, for example by highlighting relevant parts of a text and suggesting actionable precedents and explanations. It is time to consider how such tools might be used to support ethics review and oversight. This commentary argues that with (...) a suitable strategy of engagement, artificial intelligence can be used in a variety of ways that can genuinely support RECs and manage their workload and improve the quality of review. It would be wiser to take an active role in the development of AI tools for ethics review, rather than to adopt ad hoc tools after the fact. (shrink)

In this paper, I examine the ethics of e - trust and e - trustworthiness in the context of health care, looking at direct computer-patient interfaces (DCPIs), information systems that provide medical information, diagnosis, advice, consenting and/or treatment directly to patients without clinicians as intermediaries. Designers, manufacturers and deployers of such systems have an ethical obligation to provide evidence of their trustworthiness to users. My argument for this claim is based on evidentialism about trust and trustworthiness: the idea that trust (...) should be based on sound evidence of trustworthiness. Evidence of trustworthiness is a broader notion than one might suppose, including not just information about the risks and performance of the system, but also interactional and context-based information. I suggest some sources of evidence in this broader sense that make it plausible that designers, manufacturers and deployers of DCPIs can provide evidence to users that is cognitively simple, easy to communicate, yet rationally connected with actual trustworthiness. (shrink)

This chapter considers possible moral grounds for recognizing and realizing economic and social rights (ESRs) as human rights. It begins by suggesting that ESRs fall into three families: (1) welfareoriented ESRs, which protect adequate income, education, health, and safe and healthful working conditions; (2) freedom-oriented ESRs, which prohibit slavery, ensure free choice of employment, and protect workers’ freedoms to organize and strike: and (3) fairness-oriented ESRs, which require nondiscrimination and equal opportunity in the workplace along with fair remuneration for one’s (...) work. To accommodate the normative diversity found in these three families, the chapter suggests a pluralistic justicatory framework that appeals to three kinds of moral reasons: human welfare, freedom, and fairness. A final section considers the possibility of subsuming all three of these approaches to justication under the idea of human dignity or the associated idea of equal respect for persons. (shrink)

In his recent book, Liberalism, Community and Culture, Will Kymlicka defends collective rights for some minority groups—and particularly for indigenous peoples in North America—by trying to show that secure cultural belonging is of great value, and rights to protection and autonomy for minorities, including some collective rights, are justified by the special disadvantages some minorities face in enjoying secure cultural membership. Kymlicka defends these claims from within a liberal perspective that draws heavily on Rawls and Dworkin and that denies that (...) groups are independent sources of moral claims. In this paper I am mainly concerned with how to defend the first of these claims, which I shall call the “Value Thesis.” One reason for being interested in the justification of the Value Thesis is that some version of it is a key part of most arguments for minority and collective rights. Another reason is that the Value Thesis is important to communitarians who frequently base their claims about the importance of community on the value of belonging. (shrink)

Hoeltje :101–118, 2017) raises a number of important issues about my theory of generics. In this brief reply, I address some of these challenges.

I defend economic and social rights as human rights, and as a feasible approach to addressing world poverty. I propose a modest conception of economic and social rights that includes rights to subsistence, basic health care and basic education. The second part of the paper defends these three rights. I begin by sketching a pluralistic justificatory framework that starts with abstract norms pertaining to life, leading a life, avoiding severely cruel treatment, and avoiding severe unfairness. I argue that economic and (...) social rights are not excessively burdensome on their addressees and that they are feasible worldwide in the appropriate sense. Severe poverty violates economic and social rights, and accordingly generates high-priority duties of many parties to work towards its elimination. (shrink)

This is an excellent collection of critical essays on Michael Walzer’s Spheres of Justice. David Miller provides a comprehensive and lucid introduction to Walzer’s views on justice, and Walzer offers a brief—perhaps too brief—response to his critics. Contributors are drawn from philosophy, political science, and sociology, and include Judith Andre, Richard Arneson, Brian Barry, Joseph Carens, Jon Elster, Amy Gutmann, David Miller, Susan Moller Okin, Michael Rustin, Adam Swift, and Jeremy Waldron.

At least since the late Early Modern period, the Holy Grail of ethics, for many philosophers, has been to say how ethical values could have a kind of protagorean objectivity: values are to be both fully objective as values and yet depend on us by their very nature. More than any other contemporary foundational approach it is “constructivist” theories, such as those due to Rawls, Scanlon, and Korsgaard, which have consciously sought to explain how protagorean objectivity is a real possibility. (...) Yet there remains considerable uncertainty about what the various versions of constructivism have in common, what, if anything, “constructivism” as a general approach is supposed to accomplish, and whether, if it is a general approach, it amounts to a distinctive foundational view. (shrink)

Journal of Religious Ethics, Volume 49, Issue 2, Page 337-357, June 2021.

In the 60+ years that the modern concept of informed consent has been around, researchers in various fields of practice, especially medical ethics, have developed new models to overcome theoretical and practical problems. While (systematic) literature reviews of such models exist within given fields (e.g., genetic screening), this article breaks ground by analyzing academic literature on consent models across fields. Three electronic research databases (Scopus, Google Scholar, and Web of Science) were searched for publications mentioning informed consent models. The titles, (...) abstracts, and if applicable, full publications were screened and coded. The resulting data on fields, models, and themes were then analyzed. We scanned 300 sources from three databases to find 207 uniquely named consent models, and created a network visualization displaying which models occur primarily in one field, and which models overlap between fields. This analysis identifies trends in the consent debate in different fields, as well as common goals of consent models. The most frequently occurring consent models are identified and defined. The analysis contributes toward a cross-disciplinary “consent design toolkit” and highlights that there are more interrelationships between models and fields than are acknowledged in the literature. Where some models are designed to solve distinctively field-specific issues and are specific to biomedical ethics, some may be adaptable and applicable for other fields including engineering and design. (shrink)

This chapter contains section titled: Intervention and Human Rights.

Assurance theories of testimony attempt to explain what is distinctive about testimony as a form of epistemic warrant or justification. The most characteristic assurance theories hold that a distinctive subclass of assertion (acts of “telling”) involves a real commitment given by the speaker to the listener, somewhat like a promise to the effect that what is asserted is true. This chapter sympathetically explains what is attractive about such theories: instead of treating testimony as essentially similar to any other kind of (...) evidence, they instead make testimonial warrant depend on essential features of the speech act of testimony as a social practice. One such feature is “buck-passing,” the phenomenon that when I am challenged to defend a belief I acquired through testimony, I may respond by referring to the source of my testimony (and thereby “passing the buck”) rather than providing direct evidence for the truth of the content of the belief. The chapter concludes by posing a serious challenge to assurance theories, namely that the social practice of assurance insufficiently ensures the truth of beliefs formed on the basis of testimony, and thereby fails a crucial epistemological test as a legitimate source of beliefs. (shrink)