_Death, Posthumous Harm, and Bioethics_ offers a highly distinctive and original approach to the metaphysics of death and applies this approach to contemporary debates in bioethics that address end-of-life and post-mortem issues. Taylor defends the controversial Epicurean view that death is not a harm to the person who dies and the neo-Epicurean thesis that persons cannot be affected by events that occur after their deaths, and hence that posthumous harms are impossible. He then extends this argument by asserting that the (...) dead cannot be wronged, finally presenting a defence of revisionary views concerning posthumous organ procurement. (shrink)

Develops a taxonomy of the positions that are held by critics of markets. Taylor argues that market debates derailed because they were conducted in accord with market, rather than academic, norms--and that this demonstrates that market thinking should not govern academic research.

This is the first volume in which an account of personal autonomy is developed that both captures the contours of this concept as it is used in social philosophy and bioethics, and is theoretically grounded in, and a part of, contemporary autonomy theory. James Stacey Taylor’s account is unique as it is explicitly a political one, recognizing that the attribution of autonomy to agents is dependent in part on their relationships with others and not merely upon their own mental states. (...) The volume is distinctive in its examples, which touch on the ethics of using inducements to encourage persons to participate in medical research, the ethical issues associated with the use of antibiotics, and the ethical basis for both patient confidentiality and informed consent. (shrink)

Normativism holds that there is a close conceptual link between disease and disvalue. We challenge normativism by advancing an argument against a popular normativist theory, Jerome Wakefield’s harmful dysfunction account. Wakefield maintains that medical disorders are breakdowns in evolved mechanisms that cause significant harm to the organism. We argue that Wakefield’s account is not a promising way to distinguish between disease and health because being harmful is neither necessary nor sufficient for a dysfunction to be a disorder. Counterexamples to the (...) harmful dysfunction account are considered, such as mild infections, perceptual deficits, and beneficial illnesses. Then we consider two ways of amending the harmful dysfunction account to address these cases and argue that the proposed amendments raise even more serious problems for this account. These problems apply generally to any normativist theory and raise doubts about the entire normative approach to the philosophy of health and disease. (shrink)

In 'Stakes and Kidneys' the author discusses various ethical issues surrounding the international trade in human organs.

In Death, Posthumous Harm, and Bioethics, I argue that we should endorse a trio of views that together constitute what I term full-blooded epicureanism: That death is not a harm to the person who dies, and that persons can neither be harmed nor wronged by events that occur after their deaths. After defending full-blooded epicureanism, I argue that it can be used to illuminate various contemporary bioethical debates, including those concerning posthumous organ procurement, assisted posthumous reproduction, medical research on the (...) dead, and posthumous medical confidentiality. (shrink)

In Bohmian mechanics elementary particles exist objectively, as point particles moving according to a law determined by a wavefunction. In this context, questions as to whether the particles of a certain species are real---questions such as, Do photons exist? Electrons? Or just the quarks?---have a clear meaning. We explain that, whatever the answer, there is a corresponding Bohm-type theory, and no experiment can ever decide between these theories. Another question that has a clear meaning is whether particles are intrinsically distinguishable, (...) i.e., whether particle world lines have labels indicating the species. We discuss the intriguing possibility that the answer is no, and particles are points---just points. (shrink)

I argue that wrong of plagiarism does not primarily stem from the plagiarist’s illicit misappropriation of academic credit from the person she plagiarized. Instead, plagiarism is wrongful to the degree to which it runs counter to the purpose of academic work. Given that this is to increase knowledge and further understanding plagiarism will be wrongful to the extent that it impedes the achievement of these ends. This account of the wrong of plagiarism has two surprising (and related) implications. First, it (...) follows from this account of the wrong of plagiarism that replication plagiarism might not be an academic wrong at all. (Replication plagiarism consists of the direct quotation or paraphrase of another’s work without attribution. The replication plagiarist thus plagiarizes primary sources, purloining for her own benefit the ideas of their authors). Second, even if replication plagiarism is still held to be an academic wrong, it will be a lesser wrong than bypass plagiarism. (Bypass plagiarism occurs when one quotes from, or provides a paraphrase of, a primary source, but although one cites the primary source one did not identify the quotation or provide the initial paraphrase oneself. Instead, one took the quotation, or drew upon an existing paraphrase, from a secondary source—and one did so without citing the secondary source to credit it as the source of one’s information about the primary source). Holding that bypass plagiarism is worse than replication plagiarizes reverses the usual assessment of the relative wrong of these two types of plagiarism. (shrink)

The Metaphysics and Ethics of Death brings together original essays that both address the fundamental questions of the metaphysics of death and explore the relationship between those questions and some of the areas of applied ethics in which they play a central role.

Many people attempt to give meaning to their lives by pursuing projects that they believe will bear fruit after they have died. Knowing that their death will preclude them from protecting or promoting such projects people who draw meaning from them will often attempt to secure their continuance by securing promises from others to serve as their caretakers after they die. But those who rely on such are faced with a problem: None of the four major accounts that have been (...) developed to explain directed promissory obligation (the Authority View, the Trust View, the Assurance View, and the Reliance View) support the view that we are obligated to keep our promises to persons who are now dead. But I will provide hope for those who wish to use such promises to protect the meaning with which they have endowed their lives. I will argue that while we cannot wrong a person who is now dead by breaking a promise made to her during her life, we could wrong the living by so doing. We thus (might) have reason to keep the promises that we made to those who are now dead. (shrink)

A standard objection to a market in political votes is that it will enable the rich politically to dominate the poor. If a market in votes was allowed then the poor would be the most likely sellers and the rich the most likely buyers. The rich would thus accumulate the votes of the poor, and so the candidates elected and the policies passed would represent only their interests and not those of the electorate as a whole. To ensure that the (...) poor do not become de facto disenfranchised, then, markets in votes should be disallowed. This objection seems so straightforward and compelling that it has received almost no critical scrutiny. This is unfortunate, for close examination reveals that this argument is not as straightforward as it initially appears. Indeed, there are four different ways of understanding this objection. It could be understood as expressing: the concern that markets in votes would enable candidates to win elections who would otherwise lose them; the concern that they would enable the election of candidates opposed by the majority of the electorate; the concern that they would lead to the poor having disproportionately low political influence; and the concern that they would lead to the rich having disproportionately high political influence. I will argue in this paper that only and could plausibly ground objections to markets in votes. Moreover, these will only plausibly ground objections to unrestricted markets in votes; they will not ground objections to markets in votes per se. Thus, if we are to continue to object to markets in political votes we will have to do this on grounds other than that were they to be allowed the rich will politically dominate the poor. (shrink)

This edited collection responds to Richard Kearney's recent work on touch, excarnation, and embodiment, as well as his broader work in carnal hermeneutics, which sets the stage for his return to and retrieval of the senses of the lived body. Here, fourteen scholars engage the breadth and depth of Kearney's work to illuminate our experience of the body. The essays collected within take up a wide variety of subjects, from nature to non-human animals to our experience of the sacred and (...) the demonic, from art's account of touching to the political implications of various types of embodiment. Followed by an inspired new reflection from Kearney himself, in which he lays out his vision for "anacarnation," this volume is an important statement about the centrality of touch and embodiment in our experience, and a reminder that, despite the excarnating tendencies of contemporary life, the lived body remains a touchstone for wisdom in our increasingly complicated and fragile world. Written for scholars and students interested in touch, embodiment, phenomenology, and hermeneutics, this diverse and challenging collection contributes to a growing field of scholarship that recognises and attempts to correct the excarnating trends in philosophy and in culture at large. (shrink)

Many still oppose legalizing markets in human organs on the grounds that they are morally repugnant. I will argue in this paper that the repugnance felt by some persons towards sales of human organs is insufficient to justify their prohibition. Yet this rejection of the view that markets in human organs should be prohibited because some persons find them to be morally repugnant does not imply that persons’ feelings of distress at the possibility of organ sales are irrational. Eduardo Rivera-Lopez (...) argues that such instinctive distress is an appropriate response to the perception that certain kinds of arguments that are offered in favor of legalizing organ sales are “in an important sense, illegitimate.” Having argued that repugnance should not ground the prohibition of markets in human organs, I will also argue that the moral distress that some feel towards certain arguments that favor such markets is not rationally defensible, either. (shrink)

For the past three decades philosophical discussions of both personal autonomy and what it is for a person to “identify” with her desires have been dominated by the “hierarchical” analyses of these concepts developed by Gerald Dworkin and Harry Frankfurt. The longevity of these analyses is owed, in part, to the intuitive appeal of their shared claim that the concepts of autonomy and identification are to be analyzed in terms of hierarchies of desires, such that it is a necessary condition (...) for a person to be autonomous with respect to a desire that moves her to act, that she desires that this desire so move her. Despite the intuitive appeal of these analyses, however, Irving Thalberg has argued that they should be rejected. This is because, he argues, a person who is forced to perform an action by being subjected to duress of a certain degree of harshness will desire to be moved by her desire to submit. Thus, he continues, the proponents of hierarchical analyses of autonomy and identification will be forced to hold that such a person acted willingly, and did not suffer from any impairment in her autonomy. This, Thalberg concludes, is so counterintuitive as to justify rejecting hierarchical analyses. (shrink)

This paper offers the first moral defense of markets in votes in a democratic electoral system based on majority rule where there are no moral restrictions on how votes can be cast. In Part 1 I outline the type of vote buying that I defend in this paper, and defend my methodological assumption. In Part 2 I criticize Freiman’s arguments for legalizing vote buying. In Part 3 I outline and reply to some responses that could be made to my criticisms (...) of Freiman’s arguments. In Part 4 I draw from the flaws in Freiman’s arguments to argue that vote buying is morally permissible and defend these arguments against objections. (shrink)

In this article I respond to the constructive criticisms of my views in Markets with Limits that have been developed by Amy E. White, Roderick T. Long, and Julian Koplin. I also outline how Jason Brennan and Peter Jaworski have surreptitiously altered their position in the second edition of their book Markets Without Limits—alterations that they appear to have made in response to my criticisms. First, they have changed the view that they attribute to those they identify as anti-commodification theorists (...) in response to my claim that none of them hold the position that they attribute to them. Second, they have altered their definition of what constitutes a “semiotic” objection to markets. I argue that none of these changes successfully address my initial criticisms. By contrast, I believe that the revisions that I make to my views in response to the objections of White and Long address their concerns, and I concur with Koplin’s development of my views in the context of the use of AI. (shrink)

In Markets Without Limits Brennan and Jaworski defend the view that there are “no legitimate worries about what we buy, trade, and sell.” But rather than being a unified defense of this position Brennan and Jaworski unwittingly offer three distinct pro-commodification views—two of which are subject to counterexamples. This Commentary will clarify what should be the thesis of their volume and identify the conditions that any counterexample to this must meet.

The aim of this review is to show the fruitfulness of using images of facial expressions as experimental stimuli in order to study how neural systems support biologically relevant learning as it relates to social interactions. Here we consider facial expressions as naturally conditioned stimuli which, when presented in experimental paradigms, evoke activation in amygdala–prefrontal neural circuits that serve to decipher the predictive meaning of the expressions. Facial expressions offer a relatively innocuous strategy with which to investigate these normal variations (...) in affective information processing, as well as the promise of elucidating what role the aberrance of such processing might play in emotional disorders. (shrink)

The UCLA Medical Center has initiated a “voucher program” under which a person who donated a kidney would receive a voucher that she could provide to someone of her choosing who could then use it to move to the top of the renal transplantation waiting list. If the use of such vouchers as incentives for donors is morally permissible, then cash payments for kidneys are also morally permissible. But, that argument faces five objections. First, there are some goods whose nature (...) allows them to be exchanged for similar goods but renders them monetarily inalienable. Hence, kidneys might be exchanged for kidneys but not sold for cash. Second, voucher programs respect donor autonomy, whereas the offer of cash payments does not. Third, the burden of proof lies with the advocates of cash payments for kidneys to show that their benefits would outweigh the costs of their legalization. Fourth, allowing cash payments for kidneys would stifle medical innovation. Fifth, allowing cash payments for kidneys would result in these organs being used as collateral to secure loans—and that this would disadvantage potential borrowers who did not want to risk their kidneys in this way. This paper will rebut all these objections. (shrink)

A common criticism of plurality voting is that it fails to reflect the degree of intensity with which voters prefer the candidate or policy that they vote for. To rectify this, many critics of plurality voting have argued that vote buying should be allowed. Persons with more intense preferences for a candidate could buy votes from persons with less intense preferences for the opposing candidate and then cast them for the candidate that they intensely support. This paper argues that instead (...) of better reflecting voters’ weighted preferences, vote buying will lead to electoral outcomes that reflect them less accurately. (shrink)

This is the first book to argue in favor of paying people for their blood plasma. It does not merely argue that offering compensation to plasma donors is morally permissible. It argues that prohibiting donor compensation is morally wrong--and that it is morally wrong for all of the reasons that are offered against allowing donor compensation. Opponents of donor compensation claim that it will reduce the amount and quality of plasma obtained, exploit and coerce donors, and undermine social cohesion. James (...) Stacey Taylor argues that empirical evidence demonstrates that compensating plasma donors greatly increases the amount of plasma obtained with no adverse effects on the quality of the pharmaceutical products that are manufactured from it. Prohibiting compensation thus harms patients by reducing their access to the medicines they need. He also argues that it is the prohibition of compensation--not its offer--that exploits donors, fails to respect the moral need to secure a person's authoritative consent to her treatment, and prevents donors from giving their informed consent to donate. Prohibiting compensation thus not only harms patients--it wrongs donors. Bloody Bioethics will appeal to researchers, advanced students, and medical professionals interested in bioethics, moral philosophy, and the moral limits of markets. (shrink)

In an important and provocative paper Christopher Freiman recently has defended the view that vote-buying should be legal in democratic societies. Freiman offers four arguments in support of this claim: that vote buying would be ex ante beneficial to both the buyers and sellers of votes; that voters enjoy wide discretion in how they use their votes, and so this should extend to selling them; that vote markets would lead to electoral outcomes that better reflect voters’ preferences; and that vote-buying (...) is relevantly similar to other democratic practices that are currently legal, such as logrolling and earmarking. In this paper I will address the last of Freiman’s arguments. I will argue that there are significant disanalogies between vote buying and both logrolling and earmarking, and that these differences justify the legal prohibition of the former practice while legally permitting the latter two. (shrink)

It is widely accepted that a person can be harmed by events that occur after her death. The most influential account of how persons can suffer such posthumous harm has been provided by George Pitcher and Joel Feinberg. Yet, despite its influence (or perhaps because of it) the Feinberg-Pitcher account of posthumous harm has been subject to several well-known criticisms. Surprisingly, there has been no attempt to defend this account of posthumous harm against these criticisms, either by philosophers who work (...) on the metaphysics of death or by those who draw upon this account of posthumous harm in their work in other philosophical fields. This paper will rectify this omission, by defending this view against the criticisms it has been subject to—a defense that will both be of intrinsic interest to those who work on the metaphysics of death and that will remedy the lacunae in the wide-ranging philosophical literature that draws upon this account of how posthumous harm is possible. (shrink)

It is widely believed that the nature of love and friendship precludes them from being bought or sold. It will be argued in this paper that this view is false: There is no conceptual bar to the commodification of love and friendship. The arguments offered for this view will lead to another surprising conclusion: That these goods are asymmetrically alienable goods, goods whose nature is such that separate arguments must be provided for the views that they can be bought and (...) sold. The possibility of asymmetric alienability has not yet been recognized in the literature on commodification. (shrink)

In recent years, there has been a considerable increase in the degree of philosophical attention devoted to the question of the morality of offering financial compensation in an attempt to increase the medical supply of human body parts and products, such as plasma. This paper will argue not only that donor compensation is ethically acceptable, but that plasma donors should not be prohibited from being offered compensation if they are to give their informed consent to donate. Regulatory regimes that prohibit (...) donor compensation thus unethically prevent the typical donor from being able to give her informed consent to donate. (shrink)

We should try to alleviate it through allowing a current market in them continues to be morally condemned, usually on the grounds tha.

Philosophers continue to debate about David Hume’s case against the rationality of belief in miracles. This article clarifies semantic, epistemological, and metaphysical questions addressed in the controversy. It also explains the main premises of Hume’s argument and discusses criticisms of them. The article concludes that one’s evaluation of Hume’s argument will depend on one’s views about (a) the definitions of ’miracle’ and ’natural law’; (b) the type of reasoning one ought to employ to determine the probability that a particular miracle (...) claim is true; and (c) whether reasonable people proportion their beliefs about the occurrence of miracles to their evidence. (shrink)

In a recent series or books and articles Jason Brennan and Peter M. Jaworski (writing both together and separately) have developed criticisms of what they term “semiotic” arguments. They hold that these arguments are widely used both to criticize markets in certain goods, to defend democracy, and criticize epistocracy. Their work on semiotics is now widely (and approvingly) cited. In this paper I argue that there is no reason to believe that any defenders of democracy or critics of epistocracy have (...) offered semiotic arguments for their positions. I then explain how the operation of academic incentives has led to this being overlooked by both Brennan and Jaworski and their critics. I conclude with suggestions for how to revise peer review so that such errors are less likely to be made in the future. (shrink)

The main thesis of this paper is that it is not possible to determine the nature of epistemic justification apart from scientific psychological investigation. I call this view the strong thesis of methodological psychologism. Two sub-theses provide the primary support for this claim. The first sub-thesis is that no account of epistemic justification is correct which requires for the possession of at least one justified belief a psychological capacity which humans do not have. That is, the correct account of epistemic (...) justification must be psychologically realistic. The second sub-thesis is that it is not possible to determine whether an account of epistemic justification is psychologically realistic apart from scientific psychological investigation. After defending these subtheses, I point out some interesting consequences of the overall thesis which present a challenge to traditional epistemology. (shrink)

Christopher Freiman, Jason Brennan, and Peter M. Jaworski have recently defended markets in votes. While their views differ in several respects they all believe that the primary justificatory burden lies not with those who defend markets in votes but with those who oppose them. Yet while the burden of proof should typically rest with those who wish to prohibit markets in certain goods this does not hold for the debate over markets in votes. Votes are crucially different from other goods (...) in that for a market in them to exist, it is not enough that it be legalized; it must also be provided with institutional support so that the buyer of a vote would know that it has been cast as she wished. Defenders of markets in votes must thus provide positive arguments for the view that markets in votes should be institutionally facilitated—they cannot simply try to shift the burden of proof onto those who oppose them. This is bad news for those who defend the legalization of vote-buying, for none of the positive arguments that Freiman has offered in favor of the legalization of this type of vote-buying are sound. (shrink)

Jacob Sparks has developed a semiotic critique of markets that is based on the fact that “market exchanges express preferences.” He argues that some market transactions will reveal that the purchaser of a market good inappropriately prefers it to a similar non-market good. This avoids Brennan and Jaworski’s criticism that semiotic objections to markets fail as the meaning of market transactions are contingent social facts. I argue that Sparks’ argument is both incomplete and doomed to fail. It can only show (...) that some preferences are morally problematic, not that the transactions that they lead to are immoral. (shrink)

A common argument used to defend markets in ‘contested commodities’ is based on the value of personal autonomy. Autonomy is of great moral value; removing options from a person's choice set would compromise her ability to exercise her autonomy; hence, there should be a prima facie presumption against removing options from persons’ choice sets; thus, the burden of proof lies with those who wish to prohibit markets in certain goods. Christopher Freiman has developed a version of this argument to defend (...) markets in votes. I argue that Freiman's argument fails, and that its failure illustrates the falsity of the widespread claim that the more options a person has available to her the better able she will be to exercise her autonomy. In Part 1, I outline Freiman's argument from ‘the presumption of voter liberty’ for legalising markets in votes. In Part 2, I argue that the option to sell one's vote in a legal market for them would be a ‘constraining option’ – an option which, if chosen, would be likely to lead to a diminution in a person's future ability to exercise her autonomy. In Part 3, I respond to objections to my arguments. (shrink)

Legal prohibitions on the financial compensation of donors are frequently justified by appealing either to concerns about patient safety or to concerns about the putatively unethical nature of such compensation. But jurisdictions that legally prohibit the financial compensation of donors routinely import plasma that has been collected from financially compensated donors—and they do so knowing its origins. I outline some possible ways in which this puzzle could be resolved and find them all wanting. Focusing on Canada I draw upon public (...) documents to explain how many provinces came to have its apparently puzzling approach to plasma procurement. I then argue that the actions of those who support this approach to plasma procurement are immoral. (shrink)

In a recent paper entitled “The Case for Colonialism” Bruce Gilley argued that Western colonialism was “as a general rule” both beneficial to those subject to it and considered by them to be legitimate. He then advocated for a return to the Western colonization of the Third World. Gilley’s article provoked a furious response, with calls for its retraction being followed by the resignation of much of the publishing journal’s editorial board. In this paper I note that Gilley’s article meets (...) none of the criteria required to justify its retraction, and that instead of retracting it it should be rebutted. I then argue that his arguments against those who oppose colonialism are all fatally flawed, and that he has provided no justification for his claims that colonialism was either beneficial to those who lived under it, or considered by them to be legitimate. (shrink)

Schweda and Schicktanz argue that the debate over the ethics of using financial incentives to procure human transplant organs rests on socioempirical premises that need to be critically assessed. They contend that once this is achieved a completely new perspective on the debate should be adopted, with organ donation being viewed primarily as a reciprocal social interaction between donor and recipient. This paper challenges this conclusion, arguing that rather than supporting a new perspective on the debate over the commercial procurement (...) of organs, the observations of Schweda and Schicktanz support the view that human organs should be commercialized. (shrink)

It is widely held that to break a promise that one made to a person who is now dead would be to wrong her. This view undergirds many positions in bioethics, ranging from those that concern who may access a person’s medical records after she has died, to questions concerning organ procurement and posthumous procreation. Ashley Dressel has argued that there is no reason to believe that promissory obligations can be owed to people who are dead. Although her arguments are (...) unsuccessful, others establish that neither of the promissory obligation accounts that she considers (the “Authority Account” and the “harm-based view”) can justify the standard view that directed posthumous promissory obligation is possible. However, this does not mean that the received view that we should keep our promises to the dead is mistaken. First, the theoretical commitments and argumentative strategies of those who endorse the possibility of posthumous promissory obligations preclude them from grounding such on either of these accounts of directed promissory obligation. They are thus already committed to justifying such obligations in other ways. Second, the obligation to keep promises to the dead could be justified on the grounds that not to do so would adversely affect the living. (shrink)

Walter Glannon argues that our proposal for routine recovery of transplantable cadaveric organs is unacceptable After carefully reviewing his counterarguments, we conclude that, although some of them have merit, none are sufficiently strong to warrant abandoning this plan. Below we respond to each of Glannon's concerns.

Reveals the neglected mode of knowing and learning, from Socrates to the middle ages and beyond, that relies more on the integrated powers of sensory experience and intuition, rather than on modern narrow scientific models of education.

The Western focus on personal autonomy as the normative basis for securing persons’ consent to their treatment renders this autonomy-based approach to informed consent vulnerable to the charge that it is based on an overly atomistic understanding of the person. This leads to a puzzle: how does this generally-accepted atomistic understanding of the person fits with the emphasis on familial consent that occurs when family members are provided with the opportunity to veto a prospective donor’s wish to donate after she (...) has died and her organs are being considered for harvesting? It is argued in this paper that this charge can be met and this puzzle dissolved once it is recognized that autonomy is an inherently social concept. (shrink)

Markets have long had a whiff of sulphur about them. Plato condemned innkeepers, whose pursuit of profit he believed led them to take advantage of their customers, Aristotle believed that the pursuit of profit was indicative of moral debasement, and Cicero held that retailers are typically dishonest as this was the only path to gain. And even those who are more favorably disposed towards markets in general are frequently inclined to be suspicious of markets in medical goods and services. For (...) example, Margaret Thatcher supported the legal prohibition of markets in kidneys despite being arguably the most pro-market Prime Minister the United Kingdom saw in the 20th century. (shrink)