The COVID-19 pandemic has raised a host of ethical challenges, but key among these has been the possibility that health care systems might need to ration scarce critical care resources. Rationing p...

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of public health legal preparedness: laws and legal authorities; competency in using those laws; coordination of law-based public health actions; and information. Options presented in this paper are for consideration by (...) policy makers and practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.Advancing and protecting the public's health depends upon the coordination of actions by many, diverse partners. For effective public health preparedness, there must be effective coordination of legal tools and law-based strategies across local, state, tribal, and federal jurisdictions, and also across sectors such as public health, health care, emergency management, education, law enforcement, community design, and academia. (shrink)

Comparisons of indirect measures with direct measures can help elucidate the relationship between nonconscious and conscious perception. We report three experiments on masked word priming in which we observed a negative correlation between prime discriminability and priming , i.e. where priming decreased with increasing prime visibility. While such observations are rare , they may indicate a conflict between conscious and nonconscious processing when primes are shown close to the subjective visibility threshold for the priming-relevant information. For instance, such a conflict (...) could occur between nonconscious processing of a prime’s meaning and conscious perception of prime letters. Theoretical accounts that discuss similar conflicts assume that the conflict is resolved either by automatically prioritising conscious processes or by discounting the estimated confusion caused by a prime-target pair . In both cases, priming is predicted to decrease when prime visibility increases from below threshold to perithreshold levels. Therefore, we suggest that negative priming-d’ relationships are most likely observed when the d’ measure assesses prime visibility at a level of representation that is below the level of representation at which priming arises, in terms of a putative hierarchy of word processing. (shrink)

In this paper I respond to Robert Taylor's argument that a Rawlsian framework does not support strong affirmative action programs. The paper makes three main arguments. The first disputes Taylor's claim that strong AA would not be needed in ideal conditions. Private racial discrimination, I suggest, might still exist in such conditions, so strong AA might be needed there. The second challenges Taylor's claims that pure procedural justice constrains Rawlsian nonideal theory. I argue that this rests on a fetishizing of (...) pure procedural justice that is absent from Rawls's work. I also show that a revised formulation of Taylor's concern here also fails. My third argument makes a positive Rawlsian case for strong AA in nonideal conditions that builds on a Taylor concession. Taylor suggests that the goal of nonideal theory is to create a world in which ideal theory can be applied. My argument begins by showing that another permissible goal of Rawlsian nonideal theory is to ameliorate injustice. I then argue that Rawls's contractualist framework supports the strongest forms of AA when category 3 interventions are blocked. (shrink)

Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. 1 By the 1970s and 1980s, standing limits traced to Article IIIs arsenal of threshold decision making, 3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship concerning the conventional justiciability doctrines, scholars have (...) only recently begun to address the range of questions implicated by the Courtand they have generally focused on narrow doctrinal questions about the proper treatment of discrete rights such as abortion, free exercise of religion, and freedom of speech. The papers in this issue of LegalTheory and the next view these issues in a broader jurisprudential context. (shrink)

This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and so forth (...) -- very little scholarship shifts to the meta-level and asks: What are the considerations that jurists and scholars bring to bear in arguing that one or another interpretive method is legally favored? And can we "make sense" of this body of argument? Is there a model of legal discourse that both accurately describes how U.S. jurists and scholars actually argue about interpretive methods, and that vindicates this discourse (in the sense of seeing these actors as making valid arguments)? I find that Hart's rule-of-recognition model fails to describe or vindicate how U.S. jurists and scholars argue about interpretive methods. The problem, in a nutshell, is that Hart sees legal argument as asserting or presupposing the social fact of contemporary official acceptance of a rule of recognition. By contrast, jurists and scholars typically point to social facts other than contemporary official acceptance in arguing for the legal status of an interpretive method -- for example, the fact that the method is supported by Framers' intent, or by U.S. culture and tradition, or by precedent. Further, jurists and scholars very often argue that some interpretive method is legally favored even though the method is controversial. On Hart's model, such a claim is problematic -- because, on his model, the content of the rule of recognition is not controversial, but rather a matter of consensus among officials. The upshot may just be that Hart's model is a failure. However, another possibility is to adopt an "error theory" of U.S. constitutional discourse. It may perhaps be the case that U.S. jurists and scholars often make claims for the favorable legal status of some interpretive method that are inconsistent with the best understanding of the nature of law. (shrink)

Prioritarianism is an ethical theory that gives extra weight to the well-being of the worse off. In contrast, dominant policy-evaluation methodologies, such as benefit-cost analysis, cost-effectiveness analysis, and utilitarianism, ignore or downplay issues of fair distribution. Based on a research group founded by the editors, this important book is the first to show how prioritarianism can be used to assess governmental policies and evaluate societal conditions. This book uses prioritarianism as a methodology to evaluate governmental policy across a variety of (...) policy domains: taxation, health policy, risk regulation, education, climate policy, and the COVID-19 pandemic. It is also the first to demonstrate how prioritarianism improves on GDP as an indicator of a society's progress over time. Edited by two senior figures in the field with contributions from some of the world's leading economists, this volume bridges the gap from the theory of prioritarianism to its practical application. (shrink)

This paper builds upon, but substantially revises, John Harsanyi's concept of ‘extended preferences’. An individual ‘history’ is a possible life that some person (a subject) might lead. Harsanyi supposes that a given spectator, formulating her ethical preferences, can rank histories by empathetic projection: putting herself ‘in the shoes’ of various subjects. Harsanyi then suggests that interpersonal comparisons be derived from the utility function representing spectators’ (supposedly common) ranking of history lotteries. Unfortunately, Harsanyi's proposal has various flaws, including some that have (...) hitherto escaped scholarly attention. In particular, it ignores the limits of personal identity. If the subject has welfare-relevant attributes that the spectator cannot acquire without changing who she is, full empathetic identification of the latter with the former becomes impossible. This paper proposes instead to usesympathyas the attitude on a spectator's part that allows us to make sense of her extended preferences. Sympathy – an attitude of care and concern – is a psychological state quite different from empathy. We should also allow for hetereogeneity in spectators’ extended preferences. Interpersonal comparisons emerge from a plurality of sympathetic spectators, not (as per Harsanyi) from a common empathetic ranking. (shrink)

SummaryAlthough Rousseau's treatment of his children has provoked much controversy, sustained and scholarly discussions are rare. This study is the first to present the evidence comprehensively and systematically. It engages each of Rousseau's contentions about his children in order to carefully discern the significance of this episode for his life and work. It offers an analytical table of each rationale—nineteen different ones, of five major types. It discusses documents of 1751 and 1778 which strongly defend the actions, the ambiguous arguments (...) in the Second Part of the Confessions, the oscillations in the period surrounding the Confessions, and finally the development of unqualified remorse in the middle period of Emile. It concludes by advancing a middle position between those who ultimately see his behaviour and associated excuses as demonstrating his unchecked individualism and subjectivism, and those who ultimately absolve this episode in order to find him a moralist in good standing. (shrink)

If you do not know the correct answer, guess.Design addresses need, of various types. A designer “designs” to address, to propose a possibility, or to meet a need. A great variety of things are designed: shoes, posters, watches, houses, televisions, keyboards, movies, washing machines, toasters, belts, and cars, to mention only some.A designer, be he or she an architect, interior designer, graphic designer, product designer, or industrial designer, nearly always provides drawings, models, written descriptions, and overarching ideas in response to (...) a need, articulated, stated, by someone. The need might be one that the designer recognizes on his or her own and decides to address, or the need might come to the... (shrink)

In this paper I critique the concept of social groups deployed by Iris Marion Young in her well-known theory of the five faces of oppression. I contend that Young’s approach to conceptualizing social groups creates arbitrary and inconsistent categories, essentializes certain groups, and fails to take seriously the complexity of pluralism. I propose that Margaret Gilbert’s work in social metaphysics provides a more philosophically robust account of social groups that serves as a helpful corrective to Young’s approach. Gilbert’s account of (...) “we”-ness, as well as her theory of the nature of individuals and collectivities, provides a helpful vantage point for critiquing Young’s project and its emphasis on the social process of differentiation in the formation of social groups. (shrink)

Traditionally, Aristotle is held to believe that philosophical contemplation is valuable for its own sake, but ultimately useless. In this volume, Matthew D. Walker offers a fresh, systematic account of Aristotle's views on contemplation's place in the human good. The book situates Aristotle's views against the background of his wider philosophy, and examines the complete range of available textual evidence. On this basis, Walker argues that contemplation also benefits humans as perishable living organisms by actively guiding human life activity, (...) including human self-maintenance. Aristotle's views on contemplation's place in the human good thus cohere with his broader thinking about how living organisms live well. A novel exploration of Aristotle's views on theory and practice, this volume will interest scholars and students of both ancient Greek ethics and natural philosophy. It will also appeal to those working in other disciplines including classics, ethics, and political theory. (shrink)

According to Michael Smith, in his book The Moral Problem, the following internalist claim is true: ‘‘If an agent judges it right to do something in certain circumstances, then the agent is either motivated to do that thing in the circumstances or is practically irrational.’’ He calls this claim the ‘‘practicality requirement on moral judgment,’’ and in his book tries to defend it against the amoralist challenge presented by David Brink. Brink famously argues against internalism on the grounds that it (...) ‘‘makes the amoralist conceptually impossible.’’ Amoralists are people who genuinely make moral judgments, remain unmoved with respect to their motivation, and yet do not suffer the relevant kinds of practical irrationality. They may judge, say, that it is right to donate one's old clothes to the Red Cross, but they not only fail to do so when the time comes, they are not motivated at all to do so when the time comes. Defenders of the practicality requirement, in contrast, claim that it is a ‘‘conceptual truth’’ that ‘‘agents who make moral judgments are motivated accordingly, at least absent weakness of will and the like.’’ Brink thinks amoralists are possible, and that since internalists deny the possibility, we should reject internalism in favor of externalism, which makes the moral motivation of judgers a matter of a contingent fact about them. -/- Smith's argument in The Moral Problem in defending the practicality requirement, then, is in essence to show that ‘‘it is impossible for there to be any amoralists.’’ In the argument to be considered here, he argues that externalists cannot offer an acceptable explanation for why the moral motivation of good people reliably follow their moral judgments. But we will see that Smith's defense of the practicality requirement loses its appeal once we see that it turns on an ambiguity in his use of the expression ‘‘good people.’’ Furthermore, easy examples show that, contrary what Smith says, people whose motivations reliably follow their moral judgments sometimes care only derivatively about that which they judge. Smith's later presentations of his argument also fail, for externalists need not offer a single explanation of the moral motivation of all whose motivation reliably follow their moral judgments. (shrink)

In 1823, F.W. Bessel published a startling conclusion: ‘involuntary constant differences’ mark out the recorded astronomical transit times of distinct observers. Bessel’s discovery eventually led to the institutionalization of the ‘personal equation’ for astrometry and spurred psychological investigations into the processes of visual perception. Bessel’s discovery revealed that the epistemic terrain of astrometry was more unpredictable than had been previously thought. Yet the solution to these worries was not a rigorous theory of the observer, but rather a set of cautionary (...) practices in data recording. This paper investigates the reasoning process Bessel used to discover involuntary constant differences and asks whether the apparent perceptual relativity he had discovered constituted a threat to data integrity. Bessel’s solution was epistemically responsible because it treated individual observational differences as a type of potential error that was avoided by preventing mixed observations. Additionally, error was not primarily viewed as a mismatch with reality, but rather as endemic to observational data, which kept the focus on practical matters rather than ontological ones. (shrink)

This paper argues that the concept and role of ‘institutional racism’ in contemporary discussions of race should be reconsidered. It starts by distinguishing between ‘intrinsic institutional racism’, which holds that institutions are racist in virtue of their constitutive features, and ‘extrinsic institutional racism’, which holds that institutions are racist in virtue of their negative effects. It accepts intrinsic institutional racism, but argues that a ‘disparate impact’ conception of extrinsic conception faces a number of objections, the most serious being that it (...) has no plausible account of what it is that makes extrinsically racist institutions racist. It also argues that claims about the explanatory indispensability of institutional racism are overstated (individual racism is at least as important), critiques structural approaches to racial inequality, and suggests that there is reason to doubt whether institutional reform can provide us with all that morality may require in the racial domain. (shrink)

Cost-benefit analysis is a widely used governmental evaluation tool, though academics remain skeptical. This volume gathers prominent contributors from law, economics, and philosophy for discussion of cost-benefit analysis, specifically its moral foundations, applications and limitations. This new scholarly debate includes not only economists, but also contributors from philosophy, cognitive psychology, legal studies, and public policy who can further illuminate the justification and moral implications of this method and specify alternative measures. These articles originally appeared in the Journal of Legal Studies. (...) Contributors: - Matthew D. Adler - Gary S. Becker - John Broome - Robert H. Frank - Robert W. Hahn - Lewis A. Kornhauser - Martha C. Nussbaum - Eric A. Posner - Richard A. Posner - Henry S. Richardson - Amartya Sen - Cass R. Sunstein - W. Kip Viscusi. (shrink)

In the recent history of psychology and cognitive neuroscience, the notion of habit has been reduced to a stimulus-triggered response probability correlation. In this paper we use a computational model to present an alternative theoretical view (with some philosophical implications), where habits are seen as self-maintaining patterns of behavior that share properties in common with self-maintaining biological processes, and that inhabit a complex ecological context, including the presence and influence of other habits. Far from mechanical automatisms, this organismic and self-organizing (...) concept of habit can overcome the dominating atomistic and statistical conceptions, and the high temporal resolution effects of situatedness, embodiment and sensorimotor loops emerge as playing a more central, subtle and complex role in the organization of behavior. The model is based on a novel “iterant deformable sensorimotor medium” (IDSM), designed such that trajectories taken through sensorimotor-space increase the likelihood that in the future, similar trajectories will be taken. We couple the IDSM to sensors and motors of a simulated body and environment and show that under certain conditions, the IDSM forms self-maintaining patterns of activity that operate across the IDSM, the body, and the environment. We present various environments and the resulting habits that form in them. The model acts as an abstraction of habits at a much needed sensorimotor “meso-scale” between microscopic neuron-based models and macroscopic descriptions of behavior. Finally, we discuss how this model and extensions of it can help us understand aspects of behavioral self-organization, historicity and autonomy that remain out of the scope of contemporary representationalist frameworks. (shrink)

Complex life cycles are common in the eukaryotic world, and they complicate the question of how to define individuality. Using a bottom-up, gene-centric approach, I consider the concept of fitness in the context of complex life cycles. I analyze the fitness effects of an allele on different biological units within a complex life history and how these effects drive evolutionary change within populations. Based on these effects, I attempt to construct a concept of fitness that accurately predicts evolutionary change in (...) the context of complex life cycles. (shrink)

In counterfactual cases of discrimination, an agent would have treated someone worse had circumstances been different such that instead of being a member of her actual group, she was a member of some other group. The case for considering such cases to be genuine cases of discrimination is bolstered by the fact that we are inclined to say that cases where an agent would have treated someone better had she been a member of another group are discriminatory. But I argue (...) that the cases are relevantly different: in one kind of case, but not the other, a person is harmed. I then consider and reject a number of objections to this suggestion. (shrink)

Elliot Eisner notes, “The kinds of nets we know how to weave determine the kinds of nets we cast. These nets, in turn, determine the kinds of fish we catch.”1 Sound studies is a recently emerged interdisciplinary field that draws upon the social sciences and humanities in support of a broad range of inquiry into music and sound. Weaving new approaches that cast interesting questions that yield fascinating catches, sound studies has much to offer those looking to expand or challenge (...) their conceptions of music and sound—particularly educators who wish to hear the world anew while helping others to grow meaningfully with music. This article presents an overview of the field with particular attention to those actual... (shrink)

In this dissertation I critically engage and draw insights from classical Indian, Anglo-American, phenomenological, and cognitive scientific approaches to the topic of self-awareness. In particular, I argue that in both the Western and the Indian tradition a common and influential view of self-awareness---that self-awareness is the product of an act of introspection in which consciousness takes itself as an object---distorts our understanding of both self-awareness and consciousness as such. In contrast, I argue for the existence and primacy of pre-reflective self-awareness (...) ---a form of self-awareness that is an effect of both our embodiment and the basic structure of consciousness. In arguing for this account of self-awareness, I take up, among other things, the following: the semantics of the first-person and of indexicals in general, qualia and phenomenal consciousness; the possibility of non-conceptual self-awareness, the nature of introspection; the importance of embodiment and agency for our understanding of self-awareness, and the consequences of my account for the metaphysics of personal identity. (shrink)

:Preference-aggregation problems arise in various contexts. One such context, little explored by social choice theorists, is metaethical. ‘Ideal-advisor’ accounts, which have played a major role in metaethics, propose that moral facts are constituted by the idealized preferences of a community of advisors. Such accounts give rise to a preference-aggregation problem: namely, aggregating the advisors’ moral preferences. Do we have reason to believe that the advisors, albeit idealized, can still diverge in their rankings of a given set of alternatives? If so, (...) what are the moral facts when the advisors do diverge? These questions are investigated here using the tools of Arrovian social choice theory. (shrink)

The COVID-19 crisis has forced a difficult trade-off between limiting the health impacts of the virus and maintaining economic activity. Welfare economics offers tools to conceptualize this trade-off so that policy-makers and the public can see clearly what is at stake. We review four such tools: the Value of Statistical Life (VSL); the Value of Statistical Life Years (VSLYs); Quality-Adjusted Life-Years (QALYs); and social welfare analysis, and argue that the latter are superior. We also discuss how to choose policies that (...) differentially affect people’s wellbeing. We argue in favor of evaluating policies using a Social Welfare Function (SWF), which evaluates the possible distributions of wellbeing across individuals that may result from a policy. Such a function, we argue, should regard increases in the wellbeing of the less well-off as especially valuable. We then use a model to illustrate how such a framework can help evaluate two broad policy types in response to the pandemic: eradication of the virus, and more lenient control of the spread. Our model reveals how such evaluations depend on many empirical facts but also on key value judgments about the relative importance of health and on the extent of special concern for the worse off. The purpose of this brief is not to make precise recommendations, as conditions vary widely across countries and over time, but to provide a methodology. (shrink)

This essay explores connections and divergences between Alasdair MacIntyre's eudaimonistic ethic and Søren Kierkegaard's agapeistic ethic--perhaps the greatest proponents of these ethical paradigms from the past two centuries. The purpose of the work is threefold. First, to demonstrate an impressive amount of convergence and complementarity in their approaches to the transcendent grounds of an ethic of flourishing, the rigors necessary for a proper self-love, and the other-directed nature of proper social relations. Second, given the inapplicability of common dichotomies, to pinpoint (...) more precisely where Kierkegaard departs from eudaimonism, and where MacIntyre departs from agapeism. Finally, to show that both Kierkegaard's and MacIntyre's grounds for departure are inadequate, and thus that the most central insights of eudaimonist and agapeist ethics can be harmonized to a greater extent than either Kierkegaard's or MacIntyre's framework can allow. (shrink)

The ‘Major Transitions in Evolution’ framework has emerged as the dominant paradigm for understanding the origins of life's hierarchical organization, but it has been criticized on the grounds that it lacks theoretical unity, that is, that the events included in the framework do not constitute a coherent category. I agree with this criticism, and I argue that the best response is to modify the framework so that the events it includes do comprise a coherent category, one whose members share fundamental (...) similarities. Specifically, I recommend defining major transitions as all those, and only those, events and processes that result in the emergence of a new population of evolutionary individuals. Two sorts of change will be required to achieve this. First, events and processes that do not meet this criterion, such as the origins of the genetic code and of human language, should be excluded. Second, events and processes that do meet the criterion, but which have generally been neglected, should be included. These changes would have the dual benefits of making MTEs a philosophically coherent category and of increasing the sample size on which we may infer trends and general principles that may apply to all MTEs. (shrink)

This article discusses the adequacy of Rawls’ theory of justice as a tool for racial justice. It is argued that critics like Charles W Mills fail to appreciate both the insights and limits of the Rawlsian framework. The article has two main parts spread out over several different sections. The first is concerned with whether the Rawlsian framework suffices to prevent racial injustice. It is argued that there are reasons to doubt whether it does. The second part is concerned with (...) whether a Rawlsian framework has the resources to rectify past racial injustice. It is argued that it has more resources to do this than Mills allows. This second part of the article centers on two Rawlsian ideas: ideal theory and the fair equality of opportunity principle. It is argued that ideal theory is essential for the kind of rectificatory work that Mills wants nonideal theory to do, and that where there is a socioeconomic legacy of past injustice, it is hard to see how FEO could be implemented if it did no rectificatory work, a result which means that there is less need to turn to nonideal theory at all. (shrink)

Cost-benefit analysis —understood as a technique for evaluating governmental policies in light of individual well-being—rests upon a preference view of welfare. A policy’s effect on a given individual is measured, on a money scale, with reference to her preferences as between money and other goods, captured in her “utility” function. This chapter describes the methodology of CBA, and discusses the various conditions on individual preferences that are required for the existence of an individual utility function, for the use of money (...) as a scale for measuring policy effects, and for a nexus between an individual’s preference-satisfaction and her well-being. The chapter then turns to the topic of interpersonal welfare comparisons. Although CBA is often defended with reference to the criterion of Kaldor-Hicks efficiency, which eschews such comparisons, a more plausible defense embraces them and sees CBA as an approximation to a social welfare function. (shrink)

A large literature documents the correlates and causes of subjective well-being, or happiness. But few studies have investigated whether people choose happiness. Is happiness all that people want from life, or are they willing to sacrifice it for other attributes, such as income and health? Tackling this question has largely been the preserve of philosophers. In this article, we find out just how much happiness matters to ordinary citizens. Our sample consists of nearly 13,000 members of the UK and US (...) general populations. We ask them to choose between, and make judgments over, lives that are high in different types of happiness and low in income, physical health, family, career success, or education. We find that people by and large choose the life that is highest in happiness but health is by far the most important other concern, with considerable numbers of people choosing to be healthy rather than happy. We discuss some possible reasons for this preference. (shrink)

This chapter offers a complete account of Aristotle’s underexplored treatment of the virtue of wittiness (eutrapelia) in Nicomachean Ethics IV.8. It addresses the following questions: (1) What, according to Aristotle, is this virtue and what is its structure? (2) How do Aristotle’s moral psychological views inform Aristotle’s account, and how might Aristotle’s discussions of other, more familiar virtues, enable us to understand wittiness better? In particular, what passions does the virtue of wittiness concern, and how might the virtue (and its (...) attendant vices) be related to the virtue of temperance (and its attendant vices)? (3) How does wittiness, as an ethical virtue, benefit its possessor? (4) How can Aristotle resolve some key tensions that his introducing a virtue of wittiness apparently generates for his ethics? In addition to exploring these questions, this chapter challenges some commonly accepted accounts of Aristotle’s views on the nature of the laughable. (shrink)