Anti-discrimination laws have long been established in many legal systems, and the relevant body of rules has constantly grown. But findings from social psychology research suggest that these policies are based on unrealistic premises and are therefore bound to remain unsuccessful in many instances. While legal scholarship has begun to reflect upon these insights and to discuss a number of individual policy responses, this essay seeks to provide a more comprehensive framework within which the implications of implicit social cognition for (...) anti-discrimination policies can be understood, and to map out the range of reform options for anti-discrimination policy. (shrink)

Cultural evolution studies are characterized by the notion that culture evolves accordingly to broadly Darwinian principles. Yet how far the analogy between cultural and genetic evolution should be pushed is open to debate. Here, we examine a recent disagreement that concerns the extent to which cultural transmission should be considered a preservative mechanism allowing selection among different variants, or a transformative process in which individuals recreate variants each time they are transmitted. The latter is associated with the notion of “cultural (...) attraction”. This issue has generated much misunderstanding and confusion. We first clarify the respective positions, noting that there is in fact no substantive incompatibility between cultural attraction and standard cultural evolution approaches, beyond a difference in focus. Whether cultural transmission should be considered a preservative or reconstructive process is ultimately an empirical question, and we examine how both preservative and reconstructive cultural transmission has been studied in recent experimental research in cultural evolution. Finally, we discuss how the relative importance of preservative and reconstructive processes may depend on the granularity of analysis and the domain being studied. (shrink)

Alex Oliver and Timothy Smiley provide a new account of plural logic. They argue that there is such a thing as genuinely plural denotation in logic, and expound a framework of ideas that includes the distinction between distributive and collective predicates, the theory of plural descriptions, multivalued functions, and lists.

Priority monism is the view that the cosmos is the only independent concrete object. The paper argues that, pace its proponents, Priority monism is in conflict with the dependence of any whole on any of its parts: if the cosmos does not depend on its parts, neither does any smaller composite.

Expressivism promises an illuminating account of the nature of normative judgment. But worries about the details of expressivist semantics have led many to doubt whether expressivism's putative advantages can be secured. Drawing on insights from linguistic semantics and decision theory, I develop a novel framework for implementing an expressivist semantics that I call ordering expressivism. I argue that by systematically interpreting the orderings that figure in analyses of normative terms in terms of the basic practical attitude of conditional weak preference, (...) the expressivist can explain the semantic properties of normative sentences in terms of the logical properties of that attitude. Expressivism's problems with capturing the logical relations among normative sentences can be reduced to the familiar, more tractable problem of explaining certain coherence constraints on preferences. Particular attention is given to the interpretation of wide-scope negation. The proposed solution is also extended to other types of embedded contexts—most notably, disjunctions. (shrink)

Although philosophers of art and aesthetics regularly appeal to a notion of ‘pictorial content’, there is little agreement over its nature. The present paper argues that pictures have propositional contents. This conclusion is reached by considering a style of argument having to do with the phenomenon of negation intended to show that pictures must have some kind of non-propositional content. I first offer reasons for thinking that arguments of that type fail. Second, I show that when properly understood, such arguments (...) can in fact be turned on their heads and shown to support the propositionalist position. (shrink)

Statements of the core ethical and professional responsibilities of medical professionals are incomplete in ways that threaten fundamental goals of medicine. First, in the absence of explicit guida...

A pragmatic approach to business ethics is argued for in this volume, which demonstrates the usefulness of the approach by applying it to a variety of issues. These issues are broad and far-reaching and include the relations between rational and moral//ethical decision-making, the limits of loyalty to employers, the impact of trust on business and the role of commercial public opinion polling during elections. The author also covers advertising, tobacco promotion, manufacture and marketing of armaments, concentration and taxation of wealth, (...) and the North American Free Trade Agreement. (shrink)

To judge from the rash of recent law review articles, it is a miracle that research with human subjects in the U.S. continues to draw breath under the asphyxiating heel of the rent-seeking, creativity-stifling, jack-booted bureaucrethics that is the current system of research ethics oversight and review. Institutional Review Boards, sometimes called Research Ethics Committees, have been accused of perpetrating “probably the most widespread violation of the First Amendment in our nation's history,” resulting in a “disaster, not only for academics, (...) but for the whole nation.” One member of the President's Council on Bioethics went so far as to assert, “There has been no greater damage to academic freedom in the United States in my lifetime. And my lifetime encompasses McCarthy and it encompasses political correctness, both.” Locked in the bureaucratic “iron cage” of IRB oversight, critics charge that researchers have been transformed into a vulnerable, exposed population, subject to domination, that has been likened in one case to a kind of “Tuskegee in reverse.”. (shrink)

Regulators rely on clinical trials for drug approval and labeling decisions. Health systems and clinicians rely on the evidence from trials to determine treatment, and patients rely on it to decide which courses of care to undertake. Many of these stakeholders presume that the careful review of individual studies is enough to address the ethical and scientific questions that arise in clinical trials. In what follows, however, we demonstrate that explicit consideration of trial portfolios—series of trials that are interrelated by (...) a common set of objectives—is crucial. the ethical acceptability and evidentiary probity of individual trials can change depending on the characteristics of the portfolios in which they are embedded. Second, how trial portfolios are composed, how well they are coordinated, and how efficiently they use information determines the balance of risks and benefits they present as well as their different prospects for generating socially valuable information; these three factors also raise distinct questions of justice. (shrink)

Contemporary process metaphysics has achieved a number of important results, most significantly in accounting for emergence, a problem on which substance metaphysics has foundered since Plato. It also faces trenchant problems of its own, among them the related problems of boundaries and individuation. Historically, the quest for ontology may thus have been largely responsible for the persistence of substance metaphysics. But as Plato was well aware, an ontology of substantial things raises serious, perhaps insurmountable problems for any account of our (...) epistemic access to such things. Physical things are subject to change, and as such, they are poor objects of knowledge—if knowledge is to be more reliable than mere opinion. There is a reading of Plato’s Theaetetus on which knowledge may be understood as a relation between an epistemic subject and a logos, where logoi are intrinsically dialectical, and where dialectic is a kind of intersubjective activity. Insofar as this epistemology may be attributed to Plato, the project of this paper is Platonic in spirit. It is also, in a sense, Kantian, in that it divorces ontology from the search for things-in-themselves, redirecting our attention from things to objects: epistemic objects. Such objects can be understood, as Maurice Merleau-Ponty proposed, as shared by multiple subjects by virtue of their participation in an intersubjective world, constituted by what Shaun Gallagher calls participatory sense-making. On an epistemology constructed in this way, the fact that both epistemic objects and their subject are mutable is no obstacle to knowledge. Far-from-equilibrium systems are forever mutable; at thermodynamic equilibrium, there would be neither subject, nor object. Epistemic objects, on this picture, are metastable loci of interactive potential. (shrink)

This paper examines the role of equipoise in evaluating international research. It distinguishes two possible formulations of the equipoise requirement that license very different evaluations of international research proposals. The interpretation that adopts a narrow criterion of similarity between clinical contexts has played an important role in one recent controversy, but it suffers from a number of problems. An alternative interpretation that adopts a broader criterion of similarity does a better job of avoiding both exploitation of the brute fact of (...) social deprivation and the exploitation of needy populations for the benefit of more well-off populations. It also holds out the promise of reconciling the need to find interventions that can be employed in developing world contexts with the cluster of moral values that must constrain the way such research is carried out. (shrink)

Any view of equipoise faces perhaps the most radical and far-reaching objections from moral foundations. These objections hold that the equipoise requirement conflates the ethics of medical research and the ethics of clinical medicine. Once this conflation is recognized, this position holds, research can be given a new foundation on the imperative to avoid exploiting research participants. This article argues that what is novel in this critique is not as successful as its proponents claim and that the ultimate success of (...) this approach actually hinges on a version of the objection from utility. Nevertheless, this criticism highlights the limited scope of applicability of the equipoise requirement. The article concludes, therefore, by describing the outlines of what the article calls an ‘integrative approach’ to clinical trials. This approach represents one way in which the normative requirements of equipoise and the non-exploitation approach might be unified under a single, broad framework. (shrink)

Theorists concerned about the distributive effects of skilled emigration (brain drain) often argue that its harmful effects can be justly mitigated by restricting emigration from sending countries or by limiting immigration opportunities to receiving countries. I raise moral and practical concerns against restricting the movement of skilled migrants and contend that conceptualizing the moral issue in these terms leads theorists to neglect the moral salience of institutions that determine the distributive effects of migration. Using an analogy to skilled migration in (...) a domestic context, I argue for locating brain drain in a more holistic, institutional context that includes the reform of global institutions and of policies affecting migration. (shrink)

This article argues that lingering uncertainty about the normative foundations of research ethics is perpetuated by two unfounded dogmas of research ethics. The first dogma is that clinical research, as a social activity, is an inherently utilitarian endeavor. The second dogma is that an acceptable framework for research ethics must impose constraints on this endeavor whose moral force is grounded in role-related obligations of either physicians or researchers. This article argues that these dogmas are common to traditional articulations of the (...) equipoise requirement and to recently articulated alternatives, such as the non-exploitation approach. Moreover, important shortcomings of these approaches can be traced to their acceptance of these dogmas. After highlighting these shortcomings, this article illustrates the benefits of rejecting these dogmas by sketching the broad outlines of an alternative called the "integrative approach" to clinical research. (shrink)

When do claims to be saved of a small or moderate harm aggregate against a competing claim to be saved from an early death? In this short response to Kamm's Bioethical Prescriptions, I argue for the following answer: aggregation of weaker claims against a life is permitted just in case, in a one-to-one contest, a person with a weaker claim would have a personal prerogative to prioritize her claim over a stranger’s competing claim to life.

Before participants can be enrolled in a clinical trial, an institutional review board must determine that the risks that the research poses to participants are ‘reasonable.’ This paper examines the two dominant frameworks for assessing research risks and argues that each approach suffers from significant shortcomings. It then considers what issues must be addressed in order to construct a framework for risk assessment that is grounded in a compelling normative foundation and might provide more operationally precise guidance to the deliberations (...) of various stakeholders. The paper concludes by sketching the outlines of what is referred to as the ‘Integrative Approach’ to risk assessment and by highlighting some of the ways in which this approach may be more promising than current alternatives. (shrink)

Are we able to do everything we ought to do? According to the important but controversial Ought Implies Can principle, the answer is yes. -/- In this book Alex King sheds some much-needed light on this principle. She argues that it is flawed because we are obligated to perform some actions that we cannot perform, and goes on to present a suggested theory for anyone who would deny the principle. She examines the traditional motivations for Ought Implies Can, and (...) finds that they to a large degree do not support it. Using examples like gay rights, addiction, and disability, she argues that we can preserve many of the motivations that led us to the principle by thinking more about what we, as individuals or institutions, can fairly demand of ourselves and each other. (shrink)

A. G. Long presents a new account of the importance of conversation in Plato's philosophy.

One of the fundamental challenges in any field of practical ethics is to articulate a framework for deliberation and decision making that is capable of providing warranted guidance about contentious ethical questions.1 Such a framework has to function effectively in the face of empirical uncertainty and what Rawls refers to as the fact of reasonable pluralism—the fact that individuals often differ in their ideals, ambitions, preferences and conceptions of the good life. One of the perennial questions in normative and metaethics (...) concerns the source of the warrant for such judgments, and a major preoccupation of practical ethics has been to find a way to generate such warrant without having to first settle all contentious philosophical questions about the nature and source of normativity. To the extent that scholars use the term ‘common morality’ to refer to a set of moral norms or concerns that are sufficiently common and widespread that they can be used as starting points for moral deliberation and inquiry, I am sympathetic to the term.2 To the extent that appeals to common morality are supposed to do more significant epistemic or justificatory work, they have always struck me as dangerously ad hoc and insufficiently responsive to the legitimate need to explain the ground for common normative claims. Although I am relatively sceptical of appeals to common morality, I am concerned that the version of this view that is critiqued in ‘Why not common morality’ is simply a straw person. Throughout the paper, Rhodes treats common morality as synonymous with everyday ethics and the ethics of everyday life. She says, ‘If common morality and medical ethics were the same, then the ethically justified behaviour for medical professionals and everyone else would be the same’ (Rhodes, p7).3 In effect, the view that Rhodes attacks is …. (shrink)

Journal Name: Apeiron Issue: Ahead of print.

Background: how mind functions is subject to continuing scientific discussion. A simplistic approach says that, since no convincing way has been found to model subjective experience, mind cannot exist. A second holds that, since mind cannot be described by classical physics, it must be described by quantum physics. Another perspective concerns mind's hypothesized ability to interact with the world of quanta: it should be responsible for reduction of quantum wave packets; physics producing 'Objective Reduction' is postulated to form the basis (...) for mind-matter interactions. This presentation describes results derived from a new approach to these problems. It is based on well-established biology involving physics not previously applied to the fields of mind, or consciousness studies, that of critical feedback instability. -/- Methods: 'self-organized criticality' in complexity biology places system loci of control at critical instabilities, physical properties of which, including information properties, are presented. Their elucidation shows that they can model hitherto unexplained properties of experience. -/- Results: All results depend on physical properties of critical instabilities. First, at least one feed-back or feed-forward loop must have feedback gain, g = 1: information flows round the loop impress perfect images of system states back on themselves: they represent processes of perfect self-observation. This annihilates system quanta: system excitations are instability fluctuations, which cannot be quantized. Major results follow: -/- 1. Information vectors representing criticality states must include at least one attached information loop denoting self-observation. -/- 2. Such loop structures are attributed a function, 'registering the state's own existence', explaining -/- a. Subjective 'awareness of one's own presence' -/- b. How content-free states of awareness can be remembered (Jon Shear) -/- c. Subjective experience of time duration (Immanuel Kant) -/- d. The 'witness' property of experience – often mentioned by athletes 'in the zone' -/- e. The natural association between consciousness and intelligence -/- This novel, physically and biologically sound approach seems to satisfactorily model subjectivity. -/- Further significant results follow: -/- 1. Registration of external information in excited states of systems at criticality reduces external wave-packets: the new model exhibits 'Objective Reduction' of wave packets. -/- 2. High internal coherence (postulated by Domash & Penrose) leading to a. Non-separable information vector bundles. b. Non-reductive states (Chalmers's criterion for experience). -/- 3. Information that is: a. encoded in coherence negentropy; b. non-digitizable, and therefore c. computationally without digital equivalent (posited by Penrose). -/- Discussion and Conclusions: instability physics implies anharmonic motion, preventing excitation quantization, and totally different from the quantum physics of simple harmonic motion at stability. Instability excitations are different from anything hitherto conceived in information science. They can model aspects of mind never previously treated, including genuine subjectivity, objective reduction of wave-packets, and inter alia all properties given above. (shrink)

Contextualists and relativists about predicates of personal taste, epistemic modals, and so on (“CR-expressions”) agree that the interpretation of these expressions depends, in some sense, on context. Relativists claim that the sort of context-sensitivity exhibited by CR-expressions is importantly different from that exhibited by paradigm context-sensitive expressions. This bifurcation is often motivated by the claim that the two classes of expressions behave differently in patterns of agreement and disagreement. I provide cases illustrating that the same sorts of discourse phenomena that (...) have been thought problematic for contextualists can arise with paradigm context-sensitive expressions. These cases motivate a more unified treatment of paradigm context-sensitive expressions and the expressions that have figured in recent contextualism/relativism debates. (shrink)

In “The Real Problem With Equipoise,” Chiong (2006) raises two distinct, but interrelated issues concerning the concept of equipoise. The first deals with the role of equipoise in evaluating intern...

Death and immortality played a central role in Greek and Roman thought, from Homer and early Greek philosophy to Marcus Aurelius. In this book A. G. Long explains the significance of death and immortality in ancient ethics, particularly Plato's dialogues, Stoicism and Epicureanism; he also shows how philosophical cosmology and theology caused immortality to be re-imagined. Ancient arguments and theories are related both to the original literary and theological contexts and to contemporary debates on the philosophy of death. The book (...) will be of major interest to scholars and students working on Greek and Roman philosophy, and to those wishing to explore ancient precursors of contemporary debates about death and its outcomes. (shrink)

We reply to critics of the World Health Organisation's Report "Making Fair Choices on the Path to Universal Health Coverage". We clarify and defend the report's key moral commitments. We also explain its role in guiding policy in the face of both financial and political constraints on making fair choices.

Of all contemporary social theorists, Luhmann has best understood the centrality of the concept of meaning to social theory and has most extensively worked out the notion's implications. However, despite the power of his theory, the theory suffers from difficulties impeding its reception. This article attempts to remedy this situation with some critical arguments and proposals for revision. First, the theory Luhmann adopted from biology as the basis of his own theory was a poor choice since that theory has no (...) explanatory power, being purely descriptive; furthermore, that theory is fundamentally flawed since it implies that viruses are impossible. Second, Luhmann's theory of meaning cannot coherently make the social domain autonomous as he desires since Luhmann does not take into account the distinction between syntax and semantics. By introducing this distinction, making clear that social systems consist of rules, not just communications, and raising the rule concept to the same prominence in social theory as those of actor and system, autonomy can be maintained while avoiding the counterintuitive aspects of Luhmann's theory. (shrink)

Maintaining plural values is important when there is no conclusive principle by which the relative priority of normative positions can be determined. Value-articulating institutions predicated upon such principles have a low pluralistic potential. In response to the failures of stated-preference approaches to economic valuation, new perspectives have been developed to capture plural values. Three broad approaches are identified. The first, functional diversifi-cation, seeks to encompass the multiple qualities of the object of valuation, whereas positional modification enforces a particular mode of (...) thinking on the subject. Both entail a prior judgement of values and benefit from a reduction in the range of values. Eventually, therefore, both approaches collapse pluralism to a problem that can be tackled. The third approach, structural reconstruction, has greater pluralistic potential, recognising that the more diverse and uncertain the object of valuation, the more compelling it is. (shrink)

Darwin in Argentina -- Conflicting Systems -- Francisco Javier Muniz (1795-1871) -- Hermann Burmeister (1807-1891) -- Francisco P. Moreno (1852-1919) -- Domingo F. Sarmiento (1811-1888) -- Eduardo Holmberg (1852-1937) -- Florentino Ameghino (1854-1911) -- Jose Ingenieros (1877-1925) -- Carlos Octavio Bunge (1875-1918).

Nineteenth and twentieth century philosophies of science have consistently failed to identify any rational basis for the compelling character of scientific analogies. This failure is particularly worrisome in light of the fact that the development and diffusion of certain scientific analogies, e.g. Darwin’s analogy between domestic breeds and naturally occurring species, constitute paradigm cases of good science. It is argued that the interactivist model, through the notion of a partition epistemology, provides a way to understand the persuasive character of compelling (...) scientific analogies without consigning them to an irrational or arational context of discovery. (shrink)

We offer a summary of the WHO Report "Making Fair Choices on the Path to Universal Health Coverage".

Stuart Rachels and Larry Temkin have offered a purported counterexample to the acyclicity of the relationship “all things considered better than”. This example invokes our intuitive preferences over pairs of alternatives involving a single person’s painful experiences of varying intensity and duration. These preferences, Rachels and Temkin claim, are confidently held, entirely reasonable, and cyclical. They conclude that we should drop acyclicity as a requirement of rationality. I argue that, together with the findings of recent research on the way people (...) evaluate episodes of pain, the use of a heuristic known as similarity-based decision-making explains why our intuitive preferences may violate acyclicity in this example. I argue that this explanation should lead us to regard these preferences with suspicion, because it indicates that they may be the result of one or more biases. I conclude that Rachels’ and Temkin’s example does not provide sufficient grounds for rejecting acyclicity. (shrink)

The rising cost of the opioid antagonist and overdose reversal agent naloxone is an urgent public health problem. The recent and dramatic price increase of Evzio, a naloxone auto-injector produced by Kaléo, shows how pharmaceutical manufacturers entering the naloxone marketplace rely on market exclusivity guaranteed by the patent system to charge prices at what the market can bear, which can restrict access to life-saving medication. We argue that 28 U.S.C. § 1498, a section of the federal code that allows the (...) government to use patent-protected products for its own purposes in exchange for reasonable compensation, could be used to procure generic naloxone auto-injectors, or at least bring Kaléo to the negotiating table. Precedent exists for the use of § 1498 to procure pharmaceuticals, and it could give meaning to the federal government's recent declaration of a public health emergency around the opioid epidemic, discourage new market entrants from charging exorbitant prices, and yield important public health benefits. (shrink)

Within international development [1], public health [2], and clinical medicine [3]–[5], there is increasing interest in determining whether cash payments or other economic incentives can be used to influence the choices and behavior of individuals and groups in order to promote desired health goals. However, a number of complex issues affect the review and approval by research ethics committees of research studying the effectiveness of using financial incentives to promote desired health goals. Current ethical and regulatory frameworks regard the provision (...) of gifts or cash payments to participants in human research as potentially problematic. Specifically, these frameworks imply that such incentives may undermine the autonomy of participant choice, hinder the disclosure of medical information, exacerbate social inequalities, or result in the exploitation or degradation of vulnerable populations [6]–[9]. Typically, these frameworks provide guidance about payment to research participants to reimburse expenses, to compensate for time and effort, to provide insurance coverage, or as an incentive to participate in the research itself. However, the issue of payment as a component of the research intervention is relatively new. RECs thus lack explicit guidance about ethical issues surrounding research that evaluates the use of financial incentives as an intervention to promote health. (shrink)