One approach to legal theory is to provide some sort of rational reconstruction of all or of a large body of the common law. For philosophers of law this has usually meant trying to rationalize a body of law under one or another principle of justice. This paper explores the efforts of the leading tort theorists to provide a moral basis — for the law of torts. The paper is divided into two parts. In the first part I consider and (...) reject the view that tort law is best understood as falling either within the ambit of the principle of retributive justice, a comprehensive theory of moral responsibility, or an ideal of fairness inherent in the idea that one should impose on others only those risks others impose on one. The second part of the paper distinguishes among various conceptions of corrective or compensatory justice and considers arguments — including previous arguments by the author himself — to the effect that tort law is best understood as rooted in principles of corrective justice. This paper argues that although the use of principles of justice may render defensible many (but by no means all) of the claims to repair and to liability recognized in torts, it cannot explain why we have adopted a tort system as the approach to vindicating those claims. Some other principle — probably not one of justice — is needed to explain why it is that the victims claims to repair is satisfied by having his losses shifted to his injurer — rather than through some other means of doing so. The paper concludes that the law of torts cannot be understood — in the sense of being given a rational reconstruction — under any one principle of morality. (shrink)

This essay is part of a larger project exploring the extent to which the market paradigm might be usefully employed to explain and in some instances justify nonmarket institutions. The focus of the market paradigm in this essay is the relationship between the idea of a perfectly competitive market and aspects of both the rationality of political association and the theory of collective choice. In particular, this essay seeks to identify what connections, if any, exist between one kind of market (...) account of the rationality of political association and one kind of market-based social choice rule. The market theory of political association I intend to discuss I call “market contractarianism,” and the collective choice rule whose relation to it I intend to explore is the unanimity rule. What, if anything, is the relationship between market contractarianism and the unanimity rule? (shrink)

BackgroundCountries are increasingly devoting significant resources to creating or strengthening research ethics committees, but there has been insufficient attention to assessing whether these committees are actually improving the protection of human research participants.DiscussionResearch ethics committees face numerous obstacles to achieving their goal of improving research participant protection. These include the inherently amorphous nature of ethics review, the tendency of regulatory systems to encourage a focus on form over substance, financial and resource constraints, and conflicts of interest. Auditing and accreditation programs (...) can improve the quality of ethics review by encouraging the development of standardized policies and procedures, promoting a common base of knowledge, and enhancing the status of research ethics committees within their own institutions. However, these mechanisms focus largely on questions of structure and process and are therefore incapable of answering many critical questions about ethics committees' actual impact on research practices.The first step in determining whether research ethics committees are achieving their intended function is to identify what prospective research participants and their communities hope to get out of the ethics review process. Answers to this question can help guide the development of effective outcomes assessment measures. It is also important to determine whether research ethics committees' guidance to investigators is actually being followed. Finally, the information developed through outcomes assessment must be disseminated to key decision-makers and incorporated into practice. This article offers concrete suggestions for achieving these goals.ConclusionOutcomes assessment of research ethics committees should address the following questions: First, does research ethics committee review improve participants' understanding of the risks and potential benefits of studies? Second, does the process affect prospective participants' decisions about whether to participate in research? Third, does it change participants' subjective experiences in studies or their attitudes about research? Fourth, does it reduce the riskiness of research? Fifth, does it result in more research responsive to the local community's self-identified needs? Sixth, is research ethics committees' guidance to researchers actually being followed? (shrink)

Suppose the prevailing distribution of property rights is unjust as determined by the relevant conception of distributive justice. You have far more than you should have under that theory and I have far less. Then I defraud you and in doing so reallocate resources so that our holdings ex post more closely approximate what distributive justice requires. Do I have a duty to return the property to you? There are many good reasons for requiring me to return to you what (...) I have taken. One is that while you may have no right in justice to all that you own, it does not follow that I do, or that I have a right to take it. Thus, requiring me to return the property to you is a way of recognizing that I had no right to take it from you in the first place. (shrink)

In this article, James Joshua Coleman and Jon Wargo interrogate the (queer) child as a concept and specter that haunts civic life in the United States. Whereas scholars across a range of fields and standpoints have questioned the value of LGBTQ+ inclusion in public school curricula, and society more broadly, together Coleman and Wargo wonder at the capacity of civics education to include queer (as opposed to LGBTQ+) citizens within the cis-straight nation-state. To explore this possibility, they read (...) across two bills: (1) H.R. 9197 (Stop the Sexualization of Children Act), and (2) Illinois House Bill 246 (Inclusive Curriculum Law). In so doing, they highlight how the (Queer) Child operates as an organizing binary logic within these bills and examine how hermeneutical injustice impedes the formation of a truly queer civics education. Specifically, Coleman and Wargo demonstrate how hermeneutical injustice limits the nature of inclusion for LGBTQ+ citizens, both for exclusionary, anti-LGBTQ+ policy and for seemingly inclusive legislation. Pointing to scenes that demonstrate hermeneutical justice and queer survivance, they conclude by suggesting the construction of a queer civics education that stands outside the binary logics of the cis-straight nation-state. (shrink)

Frank Jackson's knowledge argument imagines a super-smart scientist, Mary, forced to investigate the mysteries of human colour vision using only black and white resources. Can she work out what it is like to see red from brain-science and physics alone? The argument says no: Mary will only really learn what red looks like when she actually sees it. Something is therefore missing from the science of the mind, and from the 'physicalist' picture of the world based on science. This powerful (...) and controversial argument remains as pivotal as when it was first created in 1982, and this volume provides a thorough and incisive examination of its relevance in philosophy of mind today. The cutting-edge essays featured here break new ground in the debate, and also comprehensively set out the developments in the story of the knowledge argument so far, tracing its impact, past, present, and future. (shrink)

Background Biobanking and genomic research requires collection and storage of human tissue from study participants. From participants’ perspectives within the African context, this can be associated with fears and misgivings due to a myriad of factors including myths and mistrust of researchers. From the researchers angle ethical dilemmas may arise especially with consenting and sample reuse during storage. The aim of this paper was to explore these ethical considerations in the establishment and conduct of biobanking and genomic studies in Africa. (...) Methods We conducted a narrative synthesis following a comprehensive search of nine (9) databases and grey literature. All primary research study designs were eligible for inclusion as well as both quantitative and qualitative evidence from peer reviewed journals, spanning a maximum of 20 years (2000–2020). It focused on research work conducted in Africa, even if data was stored or analysed outside the region. Results Of 2,663 title and abstracts screened, 94 full texts were retrieved and reviewed for eligibility. We included 12 studies (7 qualitative; 4 quantitative and one mixed methods). Ethical issues described in these papers related to community knowledge and understanding of biobanking and genomic research, regulation, and governance of same by research ethics committees, enrolment of participants, types of informed consents, data collection, storage, usage and sharing as well as material transfer, returning results and benefit sharing. ca. Biospecimen collection and storage is given in trust and participants expect confidentially of data and results generated. Most participants are comfortable with broad consent due to trust in researchers, though a few would like to be contacted for reconsenting in future studies, and this would depend on whether the new research is for good cause. Sharing data with external partners is welcome in some contexts but some research participants did not trust foreign researchers. Conclusion Biobanking and genomic studies are a real need in Africa. Linked to this are ethical considerations related to setting up and participation in biobanks as well as data storage, export, use and sharing. There is emerging or pre-existing consensus around the acceptability of broad consent as a suitable model of consent, the need for Africans to take the lead in international collaborative studies, with deliberate efforts to build capacity in local storage and analysis of samples and employ processes of sample collection and use that build trust of communities and potential study participants. Research ethics committees, researchers and communities need to work together to work together to adapt and use clearly defined ethical frameworks, guidelines, and policy documents to harmonize the establishment and running of biobanking and genomic research in Africa. (shrink)

With the development of the division of labor, the household has declined in importance as a unit of economic production. Yet even as the individual wage earner has assumed a central place in modern exchange economies, the household has still been seen as an important unit of distribution, in which wage earners provide for their non-income-producing family members. With the breakdown of the family in recent decades, however, the communal income-sharing function of the family has, in significant part, been taken (...) overby the state. In this essay, I examine this fundamental change in the structure of production and distribution in modern exchange economies. Going beyond this, I propose a new structure of markets–markets for rights to influence collective decision-making within a society. Such markets, I suggest, wouldprovide a source of income for each member of the society. (shrink)

Taking their motivation from the perceived failure of the reductive physicalist project concerning consciousness, panpsychists ascribe subjectivity to fundamental material entities in order to account for macro-consciousness. But there exists an unresolved tension within the mainstream panpsychist position, the seriousness of which has yet to be appreciated. I capture this tension as a dilemma, and offer advice to panpsychists on how to resolve it. The dilemma is as follows: Panpsychists take the micro-material realm to feature phenomenal properties, plus micro-subjects to (...) whom these properties belong. However, it is impossible to explain the generation of a macro-subject (like one of us) in terms of the assembly of micro-subjects, for, as I show, subjects cannot combine. Therefore the panpsychist explanatory project is derailed by the insistence that the world’s ultimate material constituents are subjects of experience. The panpsychist faces a choice of giving up her explanatory ambitions, or of giving up the claim that the ultimates are subjects. I argue that the latter option is preferable, leading to neutral monism, on which phenomenal qualities are irreducible but subjects are reducible. So panpsychists should be neutral monists. (shrink)

At the heart of the uniqueness debate is the possibility that the computer revolution may demand more in the way of ethical analysis than our traditional (that is, modern) ethical edification has prepared us for. In short, it may present new and unique problems and therefore demand new and unique solutions. In this article I argue that the solution is in fact an old and not‐so‐unique one: casuistry. Appealing to Jonsen and Toulmin's analysis of casuistry (1988), I argue that a (...) casuistic methodology is a more accurate description of the moral reasoning used by contemporary computer ethicists than are other accounts. In addition, I argue that the strengths that enabled casuistry to deal successfully with radical social, economic, and religious changes in the sixteenth and seventeenth centuries render casuistry well suited to the task of dealing with radically new situations like those found in twentieth‐ and twenty‐first‐century computer technology. Before concluding, I briefly explore Pascal's fatal critique of casuistry and its relevance for contemporary computer ethics. (shrink)

The belief held by Aboriginal people that their art is ultimately related to their identity, and to the continued existence of their culture, has made the protection of indigenous peoples' art a pressing matter in many postcolonial countries. The issue has prompted calls for stronger copyright legislation to protect Aboriginal art. Although this claim is not particular to Australian Aboriginal people, the Australian experience clearly illustrates this debate. In this work, Elizabeth Burns Coleman analyses art from an Australian Aboriginal (...) community to interpret Aboriginal claims about the relationship between their art, identity and culture, and how the art should be protected in law. Through her study of Yolngu art, Coleman finds Aboriginal claims to be substantially true. This is an issue equally relevant to North American debates about the appropriation of indigenous art, and the book additionally engages with this literature. (shrink)

What should advocates of phenomenal intentionality say about unconscious intentional states? I approach this question by focusing on a recent debate between Tim Crane and David Pitt, about the nature of belief. Crane argues that beliefs are never conscious. Pitt, concerned that the phenomenal intentionality thesis coupled with a commitment to beliefs as essentially unconscious embroils Crane in positing unconscious phenomenology, counter-argues that beliefs are essentially conscious. I examine and rebut Crane’s arguments for the essential unconsciousness of beliefs, some of (...) which are widely endorsed. On the way I sketch a model of how belief states could participate in the stream of consciousness. I then consider Pitt’s position, arguing in reply, along Freudian lines, that we should posit not just dispositional but occurrent unconscious beliefs. This result, I argue, indeed requires advocates of phenomenal intentionality to posit unconscious qualia to fix these unconscious occurrent thoughts, and I defend the coherence of the notion of unconscious qualia against some common attacks. Ultimately, I claim, the combination of taking seriously the occurrent unconscious, and a commitment to phenomenal intentionality, should lead us to expand William James’s conception of the stream of consciousness to encompass, additionally, a stream of unconscious mental life—or, perhaps better, to posit a single partly conscious partly unconscious qualia-stream of mental goings-on. (shrink)

Ectogenesis, the gestation of the foetus outside of the human body, will not for much longer be in the realm of science fiction; a number of projects attempting to develop ectogenetic technology are currently under way. This book examines the ethical implications of the development of ectogenesis. Examining the implications for abortion ethics in particular, this book also deals with the ethical objections to developing such a technology and the uses to which it may be put, such as creating embryos (...) to supply donor organs for transplantation. The development of the artificial uterus may well be similar to cloning: a sudden technological advance with dramatic ethical implications, thrust suddenly into the public eye. (shrink)

In his Confessions Jean-Jacques Rousseau tells the story of his life, from the formative experience of his humble childhood in Geneva, through the achievement of international fame as novelist and philosopher in Paris, to his wanderings as an exile, persecuted by governments and alienated from the world of modern civilization. In trying to explain who he was and how he came to be the object of others' admiration and abuse, Rousseau analyses with unique insight the relationship between an elusive but (...) essential inner self and the variety of social identities he was led to adopt. The book vividly illustrates the mixture of moods and motives that underlie the writing of autobiography: defiance and vulnerability, self-exploration and denial, passion, puzzlement, and detachment. Above all, Confessions is Rousseau's search, through every resource of language, to convey what he despairs of putting into words: the personal quality of one's own existence. (shrink)

Recently, some scholars have sought to cast Marx and other socialists as participants in the republican tradition, expanding ideas such as non-domination and self-rule beyond what they had been typically conceived of as by many of the instigators of the revival of republican thought in recent decades. The ramifications of such an expansion, however, have not yet been fully grappled with in the area of rights. This article aims to remedy this by building a theory of social republican rights by (...) drawing on both prongs of this framework. I argue that (1) rights ought to function primarily as instruments to overcome domination and that Marxist and socialist analysis identifies novel forms of domination missed by other republicans, (2) certain liberal rights are themselves vectors of domination, (3) rights are realised through active will formation in politics and the public sphere rather than being pre-political claims against these things, (4) rights should be based on a social ontology that is relational rather than individualist and (5) rights are powers that are struggled for and operate as zones of contestation rather than trans-historical principles. (shrink)

Some believe that it is immoral to harm animals, but it is not immoral to kill humanely raised domesticated animals. Implicit in this is the assumption that it is possible to raise and slaughter animals without harming them significantly. In recent years, a number of philosophers – DeGrazia, Harman, Bradley, and others – have claimed that slaughter harms an animal in proportion to the amount of valuable future life that an animal loses in dying, which seems to challenge this assumption. (...) But a question remains: how much are domesticated animals, particularly humanely raised ones, harmed by their slaughter? Here, I take up this question. My answer may be surprising: in ordinary circumstances, slaughter hardly deprives humanely raised animals of any good life, and so is not very harmful to them. This result may strengthen the case for humane slaughter – or it may give us reason to revise our understanding of the harmfulness of death. (shrink)

Jules Coleman, one of the world's most influential philosophers of law, here expounds his recent views on a range of important issues in legal theory. Coleman offers for the first time an explicit account of the pragmatist method that has long informed his work, and takes on the views of highly respected contemporaries such as Ronald Dworkin and Joseph Raz.

Notwithstanding its phenomenological appeal, physicalists have tended to shun the notion that we are ‘acquainted’ with our mental states in consciousness, due to the fact that the acquaintance relation seems mysterious, irreducible, and consequently unnatural. I propose a model of conscious experience based on the idea of ‘mental quotation’, and argue that this captures what we want from acquaintance but without any threat to naturalism. More generally the chapter embodies a complaint that reductionists seem unable to look past the representation (...) relation to do the implementing of consciousness, and a call for theorists to investigate other relations to model our connection to our conscious states, like the constitution/part-whole relationship. This mundane relation has what it takes to give us natural acquaintance with our conscious-mental states. (shrink)

This review begins with a detailed focus on the Turnaway Study, which addresses associations among early abortion, later abortion, and denied abortion relative to various outcomes including mental health indicators. The Turnaway Study was comprised of 516 women; however, an exact percentage of the population is not discernable due to missing information. Extrapolating from what is known reveals a likely low of 0.32% to a maximum of 3.18% of participants sampled from the available the pool. Motivation for conducting the Turnaway (...) Study, methodological deficiencies (sampling issues and others), and bias are specifically addressed. Despite serious departures from accepted scientific practices, journals in psychology and medicine have published dozens of articles generated from the study’s data. The high volume of one-sided publications has stifled dialogue on potential adverse psychological consequences of this common procedure. Following a critical analysis of the Turnaway Study, an overview of the strongest studies on abortion and mental health is offered. This comprehensive literature comprised of numerous large-scale studies from across the globe has been largely overlooked by scientists and the public, while the Turnaway Study dominates the media, information provided to women, and legal challenges involving abortion restrictions. In the final section of this article, literature reviews by professional organizations are considered, demonstrating that the biased science characterizing the Turnaway Study is aligned with a pervasive and systemic phenomenon wherein deriving reliable and valid results via careful attention to methodology and scrutiny by the scientific community have been supplanted by politics. (shrink)

Who are computer hackers? What is free software? And what does the emergence of a community dedicated to the production of free and open source software--and to hacking as a technical, aesthetic, and moral project--reveal about the values of contemporary liberalism? Exploring the rise and political significance of the free and open source software movement in the United States and Europe, Coding Freedom details the ethics behind hackers' devotion to F/OSS, the social codes that guide its production, and the political (...) struggles through which hackers question the scope and direction of copyright and patent law. In telling the story of the F/OSS movement, the book unfolds a broader narrative involving computing, the politics of access, and intellectual property. E. Gabriella Coleman tracks the ways in which hackers collaborate and examines passionate manifestos, hacker humor, free software project governance, and festive hacker conferences. Looking at the ways that hackers sustain their productive freedom, Coleman shows that these activists, driven by a commitment to their work, reformulate key ideals including free speech, transparency, and meritocracy, and refuse restrictive intellectual protections. Coleman demonstrates how hacking, so often marginalized or misunderstood, sheds light on the continuing relevance of liberalism in online collaboration. (shrink)