In this article I address the tension between evaluative surveillance and privacy against the backdrop of the current explosion of information technology. More specifically, and after a brief analysis of privacy rights, I argue that knowledge of the different kinds ofsurveillance used at any given company should be made explicit to the employees. Moreover, there will be certain kinds of evaluativemonitoring that violate privacy rights and should not be used in most cases.

As the expansion of the Internet and the digital formatting of all kinds of creative works move us further into the information age, intellectual property issues have become paramount. Computer programs costing thousands of research dollars are now copied in an instant. People who would recoil at the thought of stealing cars, computers, or VCRs regularly steal software or copy their favorite music from a friend's CD. Since the Web has no national boundaries, these issues are international concerns. The contributors-philosophers, (...) legal theorists, and business scholars, among others-address questions such as: Can abstract ideas be owned? How does the violation of intellectual property rights compare to the violation of physical property rights? Can computer software and other digital information be protected? And how should legal systems accommodate the ownership of intellectual property in an information age? Intellectual Property is a lively examination of these and other issues, and an invaluable resource for librarians, lawyers, businesspeople, and scholars. (shrink)

ABSTRACTIs offering hazard pay ethically permissible when the pay premium is the only reason that a dangerous job is accepted? Robert C. Hughes argues that it is not. Central to his argument is the claim that in such cases, workers intend the foreseeable risks of harm as a means to the pay premium. Herein I question the plausibility of this claim and then develop a conception of the concept of means sufficient to make it plausible. By so doing, I provide (...) support for Hughes’s stringent position. (shrink)

Recent progress in artificial intelligence (AI) has drawn attention to the technology’s transformative potential, including what some see as its prospects for causing large-scale harm. We review two influential arguments purporting to show how AI could pose catastrophic risks. The first argument — the Problem of Power-Seeking — claims that, under certain assumptions, advanced AI systems are likely to engage in dangerous power-seeking behavior in pursuit of their goals. We review reasons for thinking that AI systems might seek power, that (...) they might obtain it, that this could lead to catastrophe, and that we might build and deploy such systems anyway. The second argument claims that the development of human-level AI will unlock rapid further progress, culminating in AI systems far more capable than any human — this is the Singularity Hypothesis. Power-seeking behavior on the part of such systems might be particularly dangerous. We discuss a variety of objections to both arguments and conclude by assessing the state of the debate. (shrink)

On grounds of autonomy, is comprehensive education — an approach to education that attempts to facilitate the acceptance of certain beliefs and ways of life as being correct, and refuses to sympathetically expose students to contrary beliefs and ways of life — ethically suspect? Recently, Bryan R. Warnick has argued that it is. In this essay, Adam D. Bailey critically evaluates Warnick's argument, and contends that it is unsuccessful. In particular, he argues that Warnick's argument from necessity does not (...) succeed. Bailey then addresses a potential response to his critique of Warnick's argument — that of developing an argument from facilitation rather than necessity — and argues that, contrary to the argument from necessity, the argument from facilitation does provide support for the claim that comprehensive education is ethically suspect. However, Bailey attempts to show that even granting the facilitation argument, it is plausible to hold that, on grounds of autonomy, comprehensive education need not be seen as ethically suspect. (shrink)

Bodily privacy, understood as a right to control access to one’s body, capacities, and powers, is one of our most cherished rights − a right enshrined in law and notions of common morality. Informational privacy, on the other hand, has yet to attain such a loftily status. As rational project pursuers, who operate and flourish in a world of material objects it is our ability control patterns of association and disassociation with our fellows that afford each of us the room (...) to become distinct individuals. Privacy, whether physical or informational, is valuable for beings like us. Establishing the truth this claim will be the primary focus of this article. Providing reasons, evidence, and support for this claim will take us into the historical and cultural dimensions of privacy. (shrink)

In this book, Adam D. Danél examines the philosophical and rhetorical foundations of Machiavelli's thought. There are few thinkers whose writings have intrigued more scholars and have been subjected to more diverse and conflicting interpretations, than Machiavelli. One may thus concur with Pitkin's comment that, "Machiavelli's thought is as problematic as politics itself, presenting a different face to each observer." Although many scholars have acknowledged Machiavelli's multifaceted work, only few have suggested—and none has explicated—its rationale. The search for the (...) cause of this problem underlies this work. Contents: Fortune as a River: Formulating the Problem; Fortune as a "Woman": Truth as a Matter for Creative Perspective; Virtue Between Causa Sui and Amor Fati; Fors, Ferre, Fortuma; Civitas Terrena: Politics as the Reign of Virtue; The Glorious, the Good, and the Bad: Machiavelli's Critique of Morality; God, the Good, and the Bad: Machiavelli's Critique of Religion; Final Remarks; Bibliography. (shrink)

In this article I argue that the proper subjects of intangible property claims include medical records, genetic profiles, and gene enhancement techniques. Coupled with a right to privacy these intangible property rights allow individuals a zone of control that will, in most cases, justifiably exclude governmental or societal invasions into private domains. I argue that the threshold for overriding privacy rights and intangible property rights is higher, in relation to genetic enhancement techniques and sensitive personal information, than is commonly suggested. (...) Once the bar is raised, so‐to‐speak, the burden of overriding it is formidable. Thus many policy decisions that have been recently proposed or enacted – citywide audio and video surveillance, law enforcement DNA sweeps, genetic profiling, national bans on genetic testing and enhancement of humans, to name a few – will have to be backed by very strong arguments. (shrink)

In a recent essay, Charles F. Capps takes issue with a permissive interpretation of St. Alphonsus Liguori’s influential understanding of cooperation with evil, and develops a more stringent interpretation. In response, I argue that Capps relies on a particular conception of what it is for a cooperator to share a wrongdoer’s bad intention, that this conception of intention sharing is not plausible because it is overly inclusive, and, that on account of this over-inclusiveness, it yields mistaken moral judgments. I then (...) develop and defend an alternative conception of intention sharing. (shrink)

Current models of autobiographical memory suggest that self-identity guides autobiographical memory retrieval. Further, the capacity to recall the past and imagine one’s self in the future can influence social problem solving. We examined whether manipulating self-identity, through an induction task in which students were led to believe they possessed high or low self-efficacy, impacted episodic specificity and content of retrieved and imagined events, as well as social problem solving. Compared to individuals in the low self efficacy group, individuals in the (...) high self efficacy group generated past and future events with greater specificity, positive words, and self-efficacious statements, and also performed better on social problem solving indices. A lack of episodic detail for future events predicted poorer performance on social problem solving tasks. Strategies that increase perceived self-efficacy may help individuals to selectively construct a past and future that aids in negotiating social problems. (shrink)

"Provides a definition and defense of individual privacy rights. Applies the proposed theory to issues including privacy versus free speech; drug testing; and national security and public accountability"--Provided by publisher.

While autonomy arguments provide a compelling foundation for free speech, they also support individual privacy rights. Considering how speech and privacy may be justified, I will argue that the speech necessary for self-government does not need to include details that would violate privacy rights. Additionally, I will argue that if viewed as a kind of intangible property right, informational privacy should limit speech and expression in a range of cases. In a world where we have an overabundance of content to (...) consume, much of which could be called “information pollution,” and where there are numerous platforms to broadcast one’s expressions, it is increasingly difficult to maintain that speech should trump privacy. (shrink)

Must even Confucian rights skeptics—those who are, on account of their Confucian beliefs, skeptical of the existence of human rights, and believe that asserting or recognizing rights is morally wrong—concede that in the workplace, they are morally obligated to recognize rights? Alan Strudler has recently argued that such is the case. In this article, I argue that because Confucian rights skeptics locate wrongness in inconsistency with the idea of “Confucian community,” Confucian community should be viewed as a moral ideal. I (...) then argue that Confucian rights skeptics ought to act in a manner that is consistent with this ideal, even when the ideal has not yet been realized, just as Kantians ought to act consistently with the Kantian kingdom of ends ideal. Accordingly, contrary to Strudler, I argue that Confucian rights skeptics need not concede that they are morally obligated to recognize rights in the workplace. This conclusion suggests the need for inquiry into the metaphysical foundations of these conflicting views. However, such inquiry is commonly thought to lie beyond the scope of philosophical business ethics proper. I conclude the article by suggesting a number of reasons for business ethicists to consider rejecting the prevalent narrow conception of the scope of the discipline. (shrink)

The Rhetorical Presidency places great importance on the transformative power of political ideas. For Tulis, Progressive ideas informed the rhetorical practices of Theodore Roosevelt and Woodrow Wilson—practices that reconstituted the American presidency. They did so, in part, by trading on the ambiguous nature of the concept of “publicity”—which at once evoked liberal ideals of public deliberation and transparency, and modern practices of manipulative communication. In turn, the new practices of publicity revolutionized not only the American presidency, but American politics as (...) a whole. (shrink)

This paper argues that individuals do, in a sense, own or have exclusive claims to control their personal information and body parts. It begins by sketching several arguments that support presumptive claims to informational privacy, turning then to consider cases which illustrate when and how privacy may be overridden by public health concerns.

Aside from making a few weak, and hopefully widely shared claims about the value of privacy, transparency, and accountability, we will offer an argument for the protection of privacy based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. After briefly sketching an account of the value of privacy, transparency, and accountability, along with the salient features of a prisoner’s dilemma games, a game-theory analysis will be offered. In a (...) game where both players want privacy and to avoid transparency and the associated accountability, the dominant action will be to foist accountability and transparency on the other player while attempting to retain one’s own privacy. Simply put, if both players have the ability or power to make the other more accountable and transparent, they will do so for the same reasons that player’s defect in a prisoner’s dilemma game. Ultimately this will lead to a sub-optimal outcome of too much accountability and transparency. While there are several plausible solutions to prisoner dilemma games, we will offer both technical, as well as, law and policy solutions. We need to change the payoffs of the game so that is it in everyone’s interest to balance privacy and accountability rather than foisting transparency on others. (shrink)

In many jurisdictions the list of factors for which anti-discrimination law applies has been expanded to include sexual orientation. As a result, moral and legal difficulties have arisen for religious organizations whose basic beliefs include the belief that sexual acts between persons of the same sex are immoral. In light of these difficulties, is anti-discrimination law of this sort unjust? Recently John Finnis has argued that, as commonly applied, such anti-discrimination law is disproportionate and therefore unjust. In this essay, I (...) critically examine Finnis’s argument, and argue that, on account of the conception of disproportionateness that is employed, it does not succeed. So as to enable the argument from disproportionateness to succeed, I develop and defend a modified conception of disproportionateness. -/- . (shrink)

Though he is known primarily for his mathematics, John Wallis was also a prominent natural philosopher and experimentalist. Like many experimental philosophers, including his colleagues in the Royal So­ciety, Wallis sought to identify the mathematical laws that govern natural phenomena. However, I argue that Wallis’s particular understanding of the laws of nature was informed by his reading of a thirteenth–century optical treatise by Robert Grosseteste, De lineis, angulis et figuris, which expresses the principle that “Nature doth not work by Election.” (...) Wallis’s use of this principle in his Discourse of Gravity and Gravitation helps to clarify his understanding of natural laws. According to Wallis, since nature cannot choose to act one way or another, natural phenomena are unfailingly regular, and it is this that allows them to be predicted, generalized, and described by mathematical rules. Furthermore, I argue that Wallis’s reading of Grosseteste reveals one way that medieval scholarship contributed to the “mathematization of nature” in the early modern period: historically–minded scholars like Wallis found insightful philosophical principles in medieval sources, and they transformed and redeployed these principles to suit the needs of early modern natural philosophy. (shrink)

Given its non-invasive nature, there is increasing interest in the use of transcutaneous vagus nerve stimulation across basic, translational and clinical research. Contemporaneously, tVNS can be achieved by stimulating either the auricular branch or the cervical bundle of the vagus nerve, referred to as transcutaneous auricular vagus nerve stimulation and transcutaneous cervical VNS, respectively. In order to advance the field in a systematic manner, studies using these technologies need to adequately report sufficient methodological detail to enable comparison of results between (...) studies, replication of studies, as well as enhancing study participant safety. We systematically reviewed the existing tVNS literature to evaluate current reporting practices. Based on this review, and consensus among participating authors, we propose a set of minimal reporting items to guide future tVNS studies. The suggested items address specific technical aspects of the device and stimulation parameters. We also cover general recommendations including inclusion and exclusion criteria for participants, outcome parameters and the detailed reporting of side effects. Furthermore, we review strategies used to identify the optimal stimulation parameters for a given research setting and summarize ongoing developments in animal research with potential implications for the application of tVNS in humans. Finally, we discuss the potential of tVNS in future research as well as the associated challenges across several disciplines in research and clinical practice. (shrink)

In the United States the ascendancy of speech protection is due to an expansive and unjustified view of the value or primacy of free expression and access to information. This is perhaps understandable, given that privacy has been understood as a mere interest, whereas speech rights have been seen as more fundamental. I have argued elsewhere that the “mere interest” view of privacy is false. Privacy, properly defined, is a necessary condition for human well-being or flourishing. The opening section of (...) this article will provide an overview of this theory. Next, after a few remarks on speech absolutism, privacy absolutism, and balancing theories, I will sketch several of the dominant argument strands that have been offered in support of presumptively weighty speech rights. While these arguments, taken together, establish that free speech is important, they do not support the view that speech should nearly always trump privacy. In final section I will present and defend a way to balance free speech and privacy claims. (shrink)

One major idea within the great epic of the Mahabharata is the concept of fate. Daiva, literally 'of the gods', could be said to direct or even manipulate every character and theme throughout the entire epic. The story of Nala and Damayanti offers us an opportunity for insight into Daiva within the epic as a whole. The short story, when placed in the Mahabharata, results in an interesting encapsulation of a love story, numerous metaphors and a tale of initial loss (...) and eventual redemption. Through the investigation of each character's specific dharma, we will see that actions and consequences seemingly blend together, with an arguable disregard for the passage of time. Throughout the story of Nala and Damayanti, we will notice the overarching theme of fate. Human choice and divine authority are questioned as people and gods are unable to escape from what must be. (shrink)

The Southern Journal of Philosophy, Volume 59, Issue 3, Page 362-385, September 2021.

Those who occupy positions of authority such as public officials and corporate executives frequently find themselves in contexts in which their choices can be expected to have consequences regarding the distribution of benefits and burdens among various stakeholders. How should such people reason in such contexts so as not to be biased? Herein I set forth and critically examine two answers to this question. The first is based on the work of John Rawls and is intuitively attractive. Nevertheless, I argue (...) that there is reason to question its plausibility. The second is based on the work of John Finnis and is initially not intuitively attractive. Nevertheless, I develop a defense of it. If my defense of the second answer is plausible, what those who occupy positions of authority should do so as not to be biased when making choices in contexts of distributive choice is quite different than what is commonly supposed. (shrink)

We present the true stages machinery and illustrate its applications to descriptive set theory. We use this machinery to provide new proofs of the Hausdorff–Kuratowski and Wadge theorems on the structure of $\mathbf {\Delta }^0_\xi $, Louveau and Saint Raymond’s separation theorem, and Louveau’s separation theorem.

A claim that is widely accepted and often invoked by philosophers working within ‘new classical natural law theory’ is that choosing directly against ‘basic goods’ is never morally permissible. In this essay, I address the question of whether one can coherently accept the fundamental commitments of new classical natural law theory and yet reject this absolutist claim. I argue that one can.

While some believe that the principle of double effect provides sound ethical guidance, others believe that it does not and have leveled various types of argument against it. One type of argument leveled against it proceeds by applying it to hypothetical “closeness” cases. This objection seeks to show that in such cases the principle permits what patently should not be permitted, and thus is unacceptable because it is too permissive. In this essay, I critically evaluate an argument of this type (...) developed by Alexander R. Pruss. Central to my strategy is to develop and defend a distinction between two kinds of means. I refer to them as closed-ended and open-ended means. I argue that once what is intended is understood in light of this distinction, the principle does not permit what patently should not be permitted, and thus need not be seen as being too permissive. (shrink)

It is commonly believed that the moral norms of “everyday” or “traditional” morality apply uniformly in all business contexts. However, Joseph Heath has recently argued that this is not the case. According to Heath, the norms of everyday morality apply with respect to “administered” transactions, but not “market” transactions. Market transactions are, he argues, governed by a distinct, “adversarial” morality. In this essay, I argue that Heath’s attempt to show that competitive contexts are governed by a distinct, adversarial morality does (...) not succeed. I then undertake the task of showing that, contrary to what is commonly thought, competitive actions can be reconciled with the norms of traditional morality. (shrink)

What grounds the moral significance of the intend/foresee distinction? To put the question another way, what reason do we have for believing that moral absolutes apply with respect to intended effects, but not foreseeable but unintended (bad) effects? Joseph Boyle has provided an answer that relies on the idea that persons can find themselves in situations of “moral impossibility”—situations in which every available option foreseeably will give rise to bad effects. However, Robert Anderson has put Boyle’s answer into question by (...) arguing, in essence, as follows: the choice to do nothing gives rise to no effects at all; one can always simply choose to do nothing; therefore, it is not the case that situations of moral impossibility obtain. In response, Boyle has argued that Anderson’s conception of the effects of the choice to do nothing is implausible and, further, that the choice to do nothing gives rise to effects just as do other choices. In this essay, I address and extend this debate. (shrink)

Some rights are so important for human autonomy and well-being that many scholars insist they should not be waived, traded, or abandoned. Privacy is a recent addition to this list. At the other end of the spectrum is the belief that privacy is a mere unimportant interest or preference. This paper defends a middle path between viewing privacy as an inalienable, non-waivable, non-transferrable right and the view of privacy as a mere subjective interest. First, an account of privacy is offered (...) that clarifies the concept and demonstrates how privacy is directly related to human health and well-being. Second, along with considering and rejecting several accounts for why privacy might be considered an inalienable right, an argument is offered for why it is morally permissible to waive, transfer, abandon, or alienate privacy. (shrink)

Grounded in what Alan Wertheimer terms the nonworseness claim, it is thought by some philosophers that what will be referred to herein as better-than-permissible acts —acts that, if undertaken, would make another or others better off than they would be were an alternative but morally permissible act to be undertaken—are necessarily morally permissible. What, other than a bout of irrationality, it may be thought, would lead one to hold that an act (such as outsourcing production to a sweatshop in a (...) developing country) that produces more benefits for others than an act that is itself morally permissible (such as not doing business in the developing country at all) with respect to those same others, is not morally permissible? In this article, I argue that each of the two groups of philosophers that are most likely to accept the nonworseness claim—consequentialists and non-consequentialists—have reason to reject it, and thereby also have reason to reject the belief that better-than-permissible acts are necessarily morally permissible. (shrink)

In order to enhance the “structural competency” of medicine—the capability of clinicians to address social and institutional determinants of their patients’ health—physicians need a theoretical lens to see how social conditions influence health and how they might address them. We consider one such theoretical lens, fundamental cause theory, and propose how it might contribute to a more structurally competent medical profession. We first describe fundamental cause theory and how it makes the social causes of disease and health visible. We then (...) outline the sorts of “fundamental interventions” that physicians might make in order to address the fundamental causes. (shrink)

Can one’s genetic profile be owned? How about techniques to improve genetic profi les? A brave new world of genetic enhancement is upon us and we’d better be ready to answer such questions. Adam Moore is ready. He thinks the answers to these questions are resoundingly “yes.” He defends this on the ground of individual liberty in the face of potential government control of such technology. He argues that genetic property is to be assimilated to rights of privacy and (...) property in general and can be owned. He defends this against several important objections on the basis of societal overriding needs or goods. (shrink)

Patterns of memory sharing begin early in one’s life, informing relationships, one’s history, and one’s sense of cultural belonging. Memory sharing among families has been the focus of research investigating the relationship between mental health and intergenerational memory. A burgeoning body of research is showing that intergenerational knowledge of one’s family history is associated with positive mental health and wellbeing. However, research on the specific mechanisms and potential applications of such findings are just beginning to emerge. In particular, studies examining (...) intergenerational storytelling point to the importance of culture and gender as critical factors underlying how stories are told and the extent to which these stories are associated with wellbeing. Such findings hold important promise for the pentation and treatment of mental health issues. As research in this area continues to evolve, the identification and characterization of factors and mechanisms underlying intergenerational family stories and wellbeing may help to guide the integration of family stories into mental health interventions. (shrink)