Abstract“Conscientious provision” refers to situations in which clinicians wish to provide legal and professionally accepted treatments prohibited within their (usually Catholic) health care institutions. It mirrors “conscientious objection,” which refers to situations in which clinicians refuse to provide legal and professionally accepted treatments offered within their (usually secular) health care institutions. Conscientious provision is not protected by law, but conscientious objection is. In practice, this asymmetry privileges conservative religious or moral values (usually associated with objection) over secular moral values (usually (...) associated with provision). In this article, we first argue for a legal right to one kind of conscientious provision: referral for procedures prohibited at Catholic hospitals. We then argue that a premise in that argument—the principle of comparably trivial institutional burdens—justifies legal protections for some additional forms of conscientious provision that include, for example, writing prescriptions for contraception or medical abortions. However, this principle cannot justify legal protections for other forms of conscientious provision, for instance, the right to perform surgical abortions or gender-affirming hysterectomies at Catholic hospitals. (shrink)

In the article “Principled Conscientious Provision: Referral Symmetry and Its Implications for Protecting Secular Conscience,” Abram L. Brummett, Tanner Hafen, and Mark C. Navin reject what they call the “referral asymmetry” in U.S. conscientious objection law in medicine, which recognizes rights of conscientiously objecting physicians to withhold referrals for medical interventions but does not (yet) recognize rights of physicians to make referrals for medical interventions to which they are morally committed but to which their health care institutions are (...) morally opposed. This commentary concentrates on a second asymmetry, namely, the relationship of a health care provider's referral or nonreferral to the medical standard of care. The commentary argues that this second asymmetry seems to require action more appropriately recognized as civil disobedience than conscientious provision of referral. (shrink)

Recent work on Mary Shepherd has largely focused on her metaphysics, especially as a response to Berkeley and Hume. However, relatively little attention has thus far been paid to the epistemological aspects of Shepherd’s program. What little attention Shepherd’s epistemology has received has tended to cast her as providing an unsatisfactory response to the skeptical challenge issued by Hume. For example, Walter Ott and Jeremy Fantl have each suggested that Shepherd cannot avoid Hume’s inductive skepticism even if she is granted (...) her metaphysics. In this paper, I examine Shepherd’s epistemology and argue that her response to Hume is more successful than the current literature suggests. In particular, I argue that, if Shepherd is granted her metaphysics, she can answer Hume’s demand for a rational justification of ordinary inductive inferences via a deductively justified uniformity principle and an appeal to parsimony. (shrink)

Some may doubt whether the question of equality of opportunity applies to women anymore. In most Western countries every career is now, in theory, open to women. Firstly, while this may be true in Western countries, it is not true in others; there are still many careers barred to women outside the West. However, affirmative action is not a remedy where women are barred from given careers, for in such cases the principle of equality of opportunity has been rejected. Rather, (...) affirmative action is a measure for achieving equality of opportunity. (shrink)

Michael Tanner; IX*—Sentimentality, Proceedings of the Aristotelian Society, Volume 77, Issue 1, 1 June 1977, Pages 127–148, https://doi.org/10.1093/aristotelia.

A set of qubit channels has a classical representation when it is isomorphic to the convex closure of a group of classical channels. From Crowder and Martin (Proceedings of Quantum Physics and Logic, Electronic Notes in Theoretical Computer Science, 2009), we know that up to isomorphism there are five such sets, each corresponding to either a subgroup of the alternating group on four letters, or a subgroup of the symmetric group on three letters. In this paper, we show that the (...) classical representation of a qubit channel also carries its information theoretic data—in particular, both the Holevo capacity and the scope of a unital qubit channel can be completely calculated from a systematically determined classical channel. (shrink)

Tanner uses Kierkegaard's thought, in particular his theory of anxiety, to enrich a bold new reading of Milton's Paradise Lost. He argues that for Milton and Kierkegaard, the path to sin and to salvation lies through anxiety, and that both writers include anxiety within the compass of paradise. The first half of the book explores anxiety in Eden before the Fall, original sin, the aetiology of evil, and prelapsarian knowledge. The second half examines anxiety after the Fall, offering original (...) insights into such issues as the demonic personality, remorse, despair, and faith. (shrink)

Descartes’s causal theory is often taken to announce modernity by radically breaking with the Aristotelian past. Specifically, Descartes is often taken to reject the full Aristotelian causal theory in favor of the efficient causes characteristic of mechanistic physics and the activity of minds. In this chapter, I argue against this view by showing that Descartes endorses an avowedly Aristotelian notion of formal causation. First, I articulate Cartesian formal causation in light of its Aristotelian background, and I show that Descartes endorses (...) what Francisco Suárez termed metaphysical formal causal explanation. Then, I argue against taking formal causation to be a peripheral explanatory notion for Descartes by showing it to be both well-attested textually and part and parcel of his Platonic intellectualism. I conclude by suggesting some further contexts in which this Cartesian notion of formal causation could be profitably wielded. (shrink)

Some philosophers (such as Kant and Rawls) think it is only wrong to be cruel to cats because it will make one behave cruelly to humans. This explanation is unsatisfactory. Why? Because being cruel to your cat is a direct wrong to your cat regardless of the effects it has on other humans. Ascribing the wrongness of cruelty to the fact it will make one callous to other humans is to assess the character of the cruel person not the act (...) they are performing. Cruelty to your cat is wrong because it wrongs your cat directly. (shrink)

It is commonly thought that neo-Hobbesian contractarianism cannot yield direct moral standing for marginal humans and animals. However, it has been argued that marginal humans and animals can have a form of direct moral standing under neo-Hobbesian contractarianism: secondary moral standing. I will argue that, even if such standing is direct, this account is unsatisfactory because it is counterintuitive and fragile.

In this paper I will examine two responses to the argument from marginal cases; the argument from kinds and the similarity argument. I will argue that these arguments are insufficient to show that all humans have moral status but no animals do. This does not prove that animals have moral status but it does shift the burden of proof onto those who want to maintain that all humans are morally considerable, but no animals are.

Referred to as “a foundational concept” of bioethics, personhood has long figured prominently in discussions of entities’ moral status and attendant rights and duties (Farah and Heberlein 2007, 39)...

Michael Tanner's readable introduction to Nietzsche's life and work examines the numerous ambiguities inherent in his writings. It also explodes the many misconceptions fostered in the hundred years since Nietzsche wrote, prophetically: 'Do not, above all, confound me with what I amnot!'.

Although Nietzsche's greatness is recognized more universally now than ever before, the nature of that greatness is still widely misunderstood, and that unfortunately means that before I discuss any of Beyond Good and Evil (henceforth BGE) in any detail, I must make some general remarks about his work, his development and the kind of way in which I think that it is best to read him. Unlike any of the other philosophers that this series includes, except Marx and Engels, Nietzsche (...) is very much concerned to address his contemporaries, because he was aware of a specific historical predicament, one which he would only see as having worsened in ways which he predicted with astonishing precision in the century since he wrote his great series of works. For he was above all a philosopher of culture, which is to say that his primary concern was always with the forces that determine the nature of a particular civilization, and with the possibilities of achievement which that civilization consequently had open to it. One of the reasons that The Birth of Tragedy, his first book, published when he was twenty-eight, created such a surge of hostility in the world of classical scholarship was that in it, whilst undertaking an investigation of what made possible the achievements of fifth century BC Greece in tragic drama, he felt it necessary to elicit the whole set of fundamental beliefs which the Greeks shared, and also to draw metaphysical conclusions from the fact that they were able to experience life in such a way that they needed great tragedies in order to endure it. (shrink)

The fact that humans have a special relationship to each other insofar as they belong in the same species is often taken to be a morally relevant difference between humans and other animals, one which justifies a greater moral status for all humans, regardless of their individual capacities. I give some reasons why this kind of relationship is not an appropriate ground for differential treatment of humans and nonhumans. I then argue that even if relationships do matter morally species membership (...) cannot justify a difference in moral status. This has important implications because it removes one barrier to giving animals greater moral status. (shrink)

Descartes is often identified as having fired one of the opening shots of the scientific revolution: rejecting the four Aristotelian causes in favor of the efficient causes characteristic of mechanistic science. Scholars often write as if Cartesian science and corporeal metaphysics is best understood as a rejection of all causal notions other than the efficient. I argue that this is a mistake. On the contrary, Descartes endorses an avowedly Aristotelian notion of formal causality, inherited from Suárez, and this notion is (...) central to his physics and corporeal metaphysics. -/- I begin by tracing the history of the formal cause from Aristotle to Aquinas and Suárez. My main thesis here is that the Aristotelian notion of formal causation picks out two distinct explanatory modes. The first is linked to hylomorphic ontology, and so by rejecting hylomorphism Descartes rejects one sort of formal causation. Crucially, however, the Aristotelians also identify explanations from essence as a species of formal causality. Now, Descartes’s entire philosophical project is built upon the intellectual perception of the essences of God, mind, and matter; the uncovering and exercise of this broadly Platonic intellectual capacity is, as Descartes explained to Hobbes, a key raison d’être for project of the Meditations. So we might expect Descartes to embrace formal causal explanations from essence, which harmonize so thoroughly with his philosophical project. And indeed, this is what we find. This is most obvious in the case of the ontological argument. In the course of defending the claim that God is causa sui, Descartes explicitly appeals to formal causation and claims to be only be “following in the footsteps” of Aristotle. Thus, there is a Cartesian notion of formal causation that is both continuous with and distinct from its Aristotelian predecessors. -/- Other cases are less obvious, but no less important. For example, one of the most strikingly “modern” aspects of Cartesian physics is its emphasis on quantitative laws. Yet Descartes’s official account of how these laws explain particular phenomena is puzzling: He claims that the laws are causes. This, however, is prima facie absurd; Descartes seems to claim that the law of inertia is literally pushing the moon forward along its orbital path. I argue that this is not and cannot be what Descartes means. On the contrary, he clearly takes the laws of physics to follow from the divine essence, especially immutability and simplicity. The laws are true and epistemically accessible to us because they follow from the divine essence. In other words, Descartes thinks nomological explanation in physics is formal causal explanation from (the divine) essence. -/- Another central issue is the impenetrability, or solidity, of matter. I offer a close reading and reconstruction of Descartes’s argument that matter is necessarily but not essentially impenetrable, and I show how Descartes accounts for impenetrability without compromising his mathematical conception of the corporeal. Descartes argues that impenetrability follows from the nature of matter as geometrical extension, thereby reducing a paradigmatic quality of matter (its solidity) to quantity (extension). Note that the explanatory bite throughout is from essence. Thus, while solidity is not a genuine corporeal causal power, it does give bodies an ineliminable causal role in Cartesian physics and corporeal metaphysics. This role is as a formal cause, since every explanation from impenetrability is ipso facto an explanation from the corporeal essence, geometrical extension. This, in turn, shows that Descartes has a principled response to idealists, like Berkeley, who claim that matter’s lack of efficient causal power implies idealism; Berkeley’s mistake, Descartes would argue, lies in equating efficient causality with causality simpliciter. -/- Thus, I argue that formal causal explanation from essence is both well-attested textually in Descartes and is consonant with some of his deepest projects and commitments, including his Platonic intellectualism and mathematization of the corporeal. All this in mind, it is shocking how little attention has been paid to formal causation in Descartes’s metaphysics. If I am right, a thorough re-thinking of Descartes’s physics and metaphysics is long overdue. (shrink)

All else being equal, can granting the objective purport of moral experience support a presumption in favor of some form of moral objectivism? Don Loeb (2007) has argued that even if we grant that moral experience appears to present us with a realm of objective moral fact—something he denies we have reason to do in the first place—the objective purport of moral experience cannot by itself provide even prima facie support for moral objectivism. In this paper, I contend against Loeb (...) that granting the objective purport of ordinary moral experience is sufficient to support a defeasible presumption in favor of moral objectivism, and this by constituting non-explanatory, comparative confirmation that incrementally raises the prima facie likelihood that moral facts exist. More specifically, I appeal to a modest confirmation principle shared by Likelihoodists and Bayesieans - namely, the Weak Law of Likelihood - in an effort to show that (i) at a minimum, moral experience establishes a middling scrutable probability for a sufficient but not necessary condition of moral objectivism being true, and that (ii) this moderate probability in turn constitutes evidence that makes it prima facie more probable than not that some form of moral objectivism is true. (shrink)

Massive amounts of data are collected and stored on a routine basis in virtually all domains of human activities. Such data are potentially useful to biomedicine. Yet, access to data for research purposes is hindered by the fact that different kinds of individual-patient data reside in disparate, unlinked silos. We propose that data cooperatives can promote much needed data aggregation and consequently accelerate research and its clinical translation. Data cooperatives enable direct control over personal data, as well as more democratic (...) governance of data pools. This model can realize a specific kind of data economy whereby citizens and communities are empowered to steer data use according to their motivations, preferences, and concerns. Policy makers can promote this model by recognizing citizens’ rights to access and to obtain a copy of their own data, and by funding distributed data infrastructures piloting new data aggregation models. (shrink)

The topic of cruelty features regularly in discussions concerning animals’ moral status. Further, condemnation of cruelty to animals is virtually unanimous. As Regan points out, ‘[i]t would be difficult to find anyone who is in favour of cruelty.’ What is to count as cruelty is therefore important. My aim here is to gain a clearer understanding of one aspect of our moral landscape: cruelty to animals. I will start by analyzing the concept of cruelty in section II. In section III (...) I will examine some implications of this analysis. I will present two arguments for why we should reassess whether modern farming practices are cruel. First, farming practices have changed and our understanding of the concept of cruelty needs to change with them. Second, our application of the concept of cruelty is inconsistent: we would consider many routine practices involving farm animals to be cruel if they involved pets. This inconsistency presents a dilemma: either extending farming practices to pets would not be cruel, or continuing our current farming practices is cruel. In section IV I consider some objections. (shrink)

Rationality (or something similar) is usually given as the relevant difference between all humans and animals; the reason humans do but animals do not deserve moral consideration. But according to the Argument from Marginal Cases not all humans are rational, yet if such (marginal) humans are morally considerable despite lacking rationality it would be arbitrary to deny animals with similar capacities a similar level of moral consideration. The slippery slope objection has it that although marginal humans are not strictly speaking (...) morally considerable, we should give them moral consideration because if we do not we will slide down a slippery slope where we end up by not giving normal humans due consideration. I argue that this objection fails to show that marginal humans have the kind of direct moral status proponents of the slippery slope argument have in mind. (shrink)

An easy, jargon-free introduction to Stoic philosophy and its relevance to modern life. Topics include: the three pillars of Stoic philosophy (logic, physics, and ethics), the Stoic ideal of living in accordance with nature, and the question of whether belief in God is necessary for practicing Stoicism.

Counters the long-standing, solemn interpretation of Plato’s dialogues with one centered on the philosophical and pedagogical significance of Socrates as a comic figure. Plato was described as a boor and it was said that he never laughed out loud. Yet his dialogues abound with puns, jokes, and humor. Sonja Madeleine Tanner argues that in Plato’s dialogues Socrates plays a comical hero who draws heavily from the tradition of comedy in ancient Greece, but also reforms laughter to be applicable to (...) all persons and truly shaming to none. Socrates introduces a form of self-reflective laughter that encourages, rather than stifles, philosophical inquiry. Laughter in the dialogues—both explicit and implied—suggests a view of human nature as incongruous with ourselves, simultaneously falling short of, and superseding, our own capacities. What emerges is a picture of human nature that bears a striking resemblance to Socrates’ own, laughable depiction, one inspired by Dionysus, but one that remains ultimately intractable. The book analyzes specific instances of laughter and the comical from the Apology, Laches, Charmides, Cratylus, Euthydemus, and the Symposium to support this, and to further elucidate the philosophical consequences of recognizing Plato’s laughter. Sonja Madeleine Tanner is Associate Professor of Philosophy at the University of Colorado, Colorado Springs, and the author of In Praise of Plato’s Poetic Imagination. (shrink)

It matters a great deal whether animals have moral status. If animals have moral status, it may be wrong for us to use them as we currently do – hunting, farming, eating, and experimenting on them. The argument from marginal cases provides us with a reason to think that some animals have moral status that is equal to that of “marginal” humans.

If we are going to treat other species so very differently from our own — killing, eating and experimenting on pigs and sheep, for example, but never human beings — then it seems we need to come up with some morally relevant difference between us and them that justifies this difference in treatment. Otherwise it appears we are guilty of bigotry (in just the same way that someone who discriminates on the basis of race or sex is guilty of bigotry). (...) But what is this morally relevant difference? Julia Tanner's article examines, and rejects, some of the most popular answers to this question. -/- . (shrink)

This paper attempts to demonstrate Max Scheler’s anticipation of and continued relevance to a burgeoning trend of essence-based accounts of modality, chief among them being Kit Fine’s landmark 1994 “Essence and Modality.” I argue that Scheler’s account of the material a priori not only anticipates the picture of essence-based modality suggested by Fine, but moreover offers resources with the potential to resolve key challenges for the Finean program. In particular, Fine’s account runs into problems in explaining how formal logical necessities (...) are to be grounded in essences, challenges that put pressure on the essentialist to adopt a non-propositional account of the nature of logical principles. I argue that one such account can be found in Scheler’s notion of the material a priori, according to which all necessary propositional truth is grounded in a realm of experientially given yet a priori "phenomenological facts." After showing the general rapprochement between Scheler’s and Fine’s accounts of regional modality, I then turn to address Scheler’s attempt to ground formal logical principles in essences. On Scheler’s picture, propositions expressing formal logical truths are true in virtue of the domain of essences in two senses: In terms of what Scheler calls objective necessity, they are true insofar as they coincide with the essential facts and interconnections shared by all possible regions of being; In terms of what he calls subjective necessity, they are true in virtue of these same essential facts and interconnections insofar as they have become “functionalized” into law-like patterns of cognition. (shrink)

The principles of biomedical ethics – autonomy, non-maleficence, beneficence, and justice – are of paradigmatic importance for framing ethical problems in medicine and for teaching ethics to medical students and professionals. In order to underline this significance, Tom L. Beauchamp and James F. Childress base the principles in the common morality, i.e. they claim that the principles represent basic moral values shared by all persons committed to morality and are thus grounded in human moral psychology. We empirically investigated the relationship (...) of the principles to other moral and non-moral values that provide orientations in medicine. By way of comparison, we performed a similar analysis for the business & finance domain. (shrink)