The rule of law offers legal certainty, laying down boundaries to the state's playing field. The precautionary approach stipulates that the absence of scientific certainty is no reason not to act to prevent harm. Here, uncertainty frames action. The precautionary approach potentially expands the state's playing field, and this expansion might well undermine the precepts of the rule of law. The certainty-uncertainty axis exposes a tension between the rule of law and the precautionary approach in what Ulrich Beck has termed (...) the world risk society in second modernity. It is this tension that is the focus of analysis in this article. (shrink)

This article seeks to illustrate the relevance of social theory for the study and practice of law. As social theory reports on changes that influence societal structures, the question for lawyers is how these changes affect law and what this means for its role and function. To this end, the article draws on Ulrich Beck’s theory of the risk society and reflexive modernization to provide the relevant perspective. This theory reports upon and explains the so-called side effects of modernization that (...) take the shape of environmental, industrial and political risks. It is these side effects that constitute the problem in risk society and dealing with them demands a reflexive approach towards modernization. The article seeks to highlight the relevance of this theory for law by placing it in the tradition of social contacts theory. It does so by reformulating the central problem of the risk society and by identifying the main social actors who would be party to a “new” social contract. The article then identifies and formulates the instruments of negotiation, at which point it becomes clear what the role of law may be. It concludes with a tentative indication of what the main terms of the social contract could look like. (shrink)

Genetic engineering evokes a number of objections that are not directed at the negative effects the technique might have on the health and welfare of the modified animals. The concept of animal integrity is often invoked to articulate these kind of objections. Moreover, in reaction to the advent of genetic engineering, the concept has been extended from the level of the individual animal to the level of the genome and of the species. However, the concept of animal integrity was not (...) developed in the context of genetic engineering. Given this external origin, the aim of this paper is to critically examine the assumption that the concept of integrity, including its extensions to the level of the genome and the species, is suitable to articulate and justify moral objections more specifically directed at the genetic engineering of animals. (shrink)

This paper analyses the concept of empirical ethics as well as three meta-ethical fallacies that empirical ethics is said to face: the is-ought problem, the naturalistic fallacy and violation of the fact-value distinction. Moreover, it answers the question of whether empirical ethics (necessarily) commits these three basic meta-ethical fallacies.

If religion once seemed to have played out its role in the intellectual and political history of Western secular modernity, it has now returned with a vengeance. In this engaging study, Hent de Vries argues that a turn to religion discernible in recent philosophy anticipates and accompanies this development in the contemporary world. Though the book reaches back to Immanuel Kant, Martin Heidegger, and earlier, it takes its inspiration from the tradition of French phenomenology, notably Emmanuel Levinas, Jean-Luc Marion, (...) and, especially, Jacques Derrida. Tracing how Derrida probes the discourse on religion, its metaphysical presuppositions, and its transformations, de Vries shows how this author consistently foregrounds the unexpected alliances between a radical interrogation of the history of Western philosophy and the religious inheritance from which that philosophy has increasingly sought to set itself apart. De Vries goes beyond formal analogies between the textual practices of deconstruction and so-called negative theology to address the necessity for a philosophical thinking that situates itself at once close to and at the farthest remove from traditional manifestations of the religious and the theological. This paradox is captured in the phrase adieu ( à dieu ), borrowed from Levinas, which signals at once a turn toward and a leave-taking from God -- and which also gestures toward and departs from the other of this divine other, the possibility of radical evil. Only by confronting such uncanny and difficult figures, de Vries claims, can one begin to think and act upon the ethical and political imperatives of our day. (shrink)

ABSTRACT In ethics, the use of empirical data has become more and more popular, leading to a distinct form of applied ethics, namely empirical ethics. This ‘empirical turn’ is especially visible in bioethics. There are various ways of combining empirical research and ethical reflection. In this paper we discuss the use of empirical data in a special form of Reflective Equilibrium (RE), namely the Network Model with Third Person Moral Experiences. In this model, the empirical data consist of the moral (...) experiences of people in a practice. Although inclusion of these moral experiences in this specific model of RE can be well defended, their use in the application of the model still raises important questions. What precisely are moral experiences? How to determine relevance of experiences, in other words: should there be a selection of the moral experiences that are eventually used in the RE? How much weight should the empirical data have in the RE? And the key question: can the use of RE by empirical ethicists really produce answers to practical moral questions? In this paper we start to answer the above questions by giving examples taken from our research project on understanding the norm of informed consent in the field of pediatric oncology. We especially emphasize that incorporation of empirical data in a network model can reduce the risk of self‐justification and bias and can increase the credibility of the RE reached. (shrink)

Scientific interest in genomics in Africa is on the rise with a number of funding initiatives aimed specifically at supporting research in this area. Genomics research on material of African origin raises a number of important ethical issues. A prominent concern relates to sample export, which is increasingly seen by researchers and ethics committees across the continent as being problematic. The concept of genomic sovereignty proposes that unique patterns of genomic variation can be found in human populations, and that these (...) are commercially, scientifically or symbolically valuable and in need of protection against exploitation. Although it is appealing as a response to increasing concerns regarding sample export, there are a number of important conceptual problems relating to the term. It is not clear, for instance, whether it is appropriate that ownership over human genomic samples should rest with national governments. Furthermore, ethnic groups in Africa are frequently spread across multiple nation states, and protection offered in one state may not prevent researchers from accessing the same group elsewhere. Lastly, scientific evidence suggests that the assumption that genomic data is unique for population groups is false. Although the frequency with which particular variants are found can differ between groups, such genes or variants per se are not unique to any population group. In this paper, the authors describe these concerns in detail and argue that the concept of genomic sovereignty alone may not be adequate to protect the genetic resources of people of African descent. (shrink)

This article elaborates on Alasdair MacIntyre’s virtue ethics, exploring the plausibility of his claim that each praxis has its own appropriate set of virtues. The exploration will be applied to what I term military praxis. Firstly, the article analyses what is meant by the concept of a praxis and how a military praxis can be defined, as well as the wider purpose of military praxis. From there it proceeds to the “internal goods”, the desires, to be realized in joining the (...) military. Which are these desires that are satisfied by participating in military praxis? Next, by combining the preceding steps, the article suggests which virtues are appropriate to the military praxis, focusing on seven virtues of military character: responsibility, competence, comradeship, respect, courage, resilience and discipline. This framework is completed by practical wisdom, the military virtue of intellect. I will conclude my article by elaborating on the role of narrative in integrating the virtues and by giving some concrete directions about ways in which education in the military virtues could take place. (shrink)

An account of the Rosicrucian manifestos, and in particular their call for a general reformation, in relation to medieval and early modern traditions and reform programs.

Strong longtermism maintains that how we should act morally is determined almost entirely by the expected effects on the welfare of our descendants existing thousands if not millions of years into the future, who might include both other humans and any artificial agents with a comparable or higher moral status that we end up creating. It is based on three key assumptions: (i) that our descendants will have a moral status that is at least as high as ours and therefore (...) should not have their welfare discounted by us; (ii) that there is a good chance that these individuals will vastly outnumber us; and (iii) that we can do things here and now that can be expected to positively shape the long-term trajectory of humanity. The aim of this contribution is to suggest that authors such as Will MacAskill and Hilary Greaves have been too optimistic about all these assumptions as a result of having ignored evidence that the populations of postindustrial countries are becoming less intelligent due mostly to the negative relationship that has emerged within these societies between intelligence and fertility and to the proclivity of intelligent people to delay parenthood. (shrink)

Over the past decade, countries such as France, Belgium, Denmark, Austria, Latvia, and Bulgaria have banned face-coverings from public spaces. These bans are popularly known as ‘burqa bans’ as they seem to have been drafted with the aim of preventing people from wearing burqas and niqabs specifically. The scholarly response to these bans has been overwhelmingly negative, with several lawyers and philosophers arguing that they violate the human right to freedom of religion. While this article shares some of the concerns (...) that have been raised, it argues that banning face-coverings in public is morally justified under certain conditions with the exception of facemasks that are necessary for the containment of infectious diseases, such as COVID-19. The reason for this is that those who publicly cover their face make it very difficult for other members of society to socially interact with them, especially for those who are deaf or hard-of-hearing, which is problematic in an age where many people are chronically lonely or at risk of becoming chronically lonely. As such, this article can be understood as a more elaborate, and arguably more sophisticated, defence of the justification that France offered for its face-covering ban before the European Court of Human Rights, namely that covering one’s face undermines the conditions for ‘living together’. (shrink)

Bruno Latour is among the most important figures in contemporary philosophy and social science. His ethnographic studies have revolutionized our understanding of areas as diverse as science, law, politics and religion. To facilitate a more realistic understanding of the world, Latour has introduced a radically fresh philosophical terminology and a new approach to social science, ‘Actor-Network Theory’. In seminal works such as Laboratory Life, We Have Never Been Modern and An Inquiry into Modes of Existence, Latour has outlined an alternative (...) to the foundational categories of ‘modern’ western thought Ð particularly its distinction between society and nature Ð that has major consequences for our understanding of the ecological crisis and of the role of science in democratic societies. Latour’s ‘empirical philosophy’ has evolved considerably over the past four decades. In this lucid and compelling book, Gerard de Vries provides one of the first overviews of Latour’s work. He guides readers through Latour’s main publications, from his early ethnographies to his more recent philosophical works, showing with considerable skill how Latour’s ideas have developed. This book will be of great value to students and scholars attempting to come to terms with the immense challenge posed by Latour’s thought. It will be of interest to those studying philosophy, anthropology, sociology, science and technology studies, and almost all other branches of the social sciences and humanities. (shrink)

The tendency towards an increasing integration of the informational web into our daily physical world (in particular in so-called Ambient Intelligent technologies which combine ideas derived from the field of Ubiquitous Computing, Intelligent User Interfaces and Ubiquitous Communication) is likely to make the development of successful profiling and personalization algorithms, like the ones currently used by internet companies such as Amazon , even more important than it is today. I argue that the way in which we experience ourselves necessarily goes (...) through a moment of technical mediation. Because of this algorithmic profiling that thrives on continuous reconfiguration of identification should not be understood as a supplementary process which maps a pre-established identity that exists independently from the profiling practice. In order to clarify how the experience of one’s identity can become affected by such machine-profiling a theoretical exploration of identity is made (including Agamben’s understanding of an apparatus , Ricoeur’s distinction between idem - and ipse -identity, and Stiegler’s notion of a conjunctive–disjunctive relationship towards retentional apparatuses ). Although it is clear that no specific predictions about the impact of Ambient Intelligent technologies can be made without taking more particulars into account, the theoretical concepts are used to describe three general scenarios about the way wherein the experience of identity might become affected. To conclude, I argue that the experience of one’s identity may affect whether the cases of unwarranted discrimination resulting from ubiquitous differentiations and identifications within an Ambient Intelligent environment, will become a matter of societal concern. (shrink)

Love, sex, and physical intimacy are some of the most desired goods in life and they are increasingly being sought on dating apps such as Tinder, Bumble, and Badoo. For those who want a leg up in the chase for other people’s attention, almost all of these apps now offer the option of paying a fee to boost one’s visibility for a certain amount of time, which may range from 30 min to a few hours. In this article, I argue (...) that there are strong moral grounds and, in countries with laws against unconscionable contracts, legal ones for thinking that the sale of such visibility boosts should be regulated, if not banned altogether. To do so, I raise two objections against their unfettered sale, namely that it exploits the impaired autonomy of certain users and that it creates socio-economic injustices. (shrink)

Maria Heim’s Voice of the Buddha: Buddhaghosa on the Immeasurable Words is a rare example of sustained scholarly engagement with commentarial literature. The book introduces the reader to the literary world of the Theravāda Buddhist exegete Buddhaghosa, with the stated goal of learning to read as he did. Heim shows with a series of close readings how Buddhaghosa read scripture with a high degree of attention to context, and how he understood both the Buddhist canon and the Buddha’s knowledge to (...) be infinitely expansive. Heim’s thorough and accessible treatment makes her presentation an approachable case study of commentarial literature. (shrink)

Many individuals on the autism spectrum are hypersensitive to certain sensory stimuli. For this group, as well as for non-autistic individuals with sensory processing disorders, being exposed to e.g. fluorescent lights, perfume odours, and various sounds and noises can be real torment. In this article, I consider the normative implications of such offence for the design of office spaces, which is a topic that has not received any attention from philosophers. After identifying different ways in which the senses of hypersensitive (...) workers might be protected within these spaces, I show that many of such accommodations can be made at reasonable cost, before arguing that doing so ought to be a legal requirement. (shrink)

Teaching about technology, at all levels of education, can only be done properly when those who teach have a clear idea about what it is that they teach. In other words: they should be able to give a decent answer to the question: what is technology? In the philosophy of technology that question is explored. Therefore the philosophy of technology is a discipline with a high relevance for those who teach about technology. Literature in this field, though, is not always (...) easy to access for non-philosophers. This book provides an introduction to the philosophy of technology for such people. It offers a survey of the current state-of-affairs in the philosophy of technology, and also discusses the relevance of that for teaching about technology. The book can be used in introductory courses on the philosophy of technology in teacher education programs, engineering education programs, and by individual educators that are interested in the intriguing phenomenon of technology that is so important in our contemporary society. (shrink)

The introduction of genomics and biobanking methodologies to the African research context has also introduced novel ways of doing science, based on values of sharing and reuse of data and samples. This shift raises ethical challenges that need to be considered when research is reviewed by ethics committees, relating for instance to broad consent, the feedback of individual genetic findings, and regulation of secondary sample access and use. Yet existing ethics guidelines and regulations in Africa do not successfully regulate research (...) based on sharing, causing confusion about what is allowed, where and when. In order to understand better the ethics regulatory landscape around genomic research and biobanking, we conducted a comprehensive analysis of existing ethics guidelines, policies and other similar sources. We sourced 30 ethics regulatory documents from 22 African countries. We used software that assists with qualitative data analysis to conduct a thematic analysis of these documents. Surprisingly considering how contentious broad consent is in Africa, we found that most countries allow the use of this consent model, with its use banned in only three of the countries we investigated. In a likely response to fears about exploitation, the export of samples outside of the continent is strictly regulated, sometimes in conjunction with regulations around international collaboration. We also found that whilst an essential and critical component of ensuring ethical best practice in genomics research relates to the governance framework that accompanies sample and data sharing, this was most sparingly covered in the guidelines. There is a need for ethics guidelines in African countries to be adapted to the changing science policy landscape, which increasingly supports principles of openness, storage, sharing and secondary use. Current guidelines are not pertinent to the ethical challenges that such a new orientation raises, and therefore fail to provide accurate guidance to ethics committees and researchers. (shrink)

Les thèses, proposées par M. Krämer, dans son ouvrage Arete bei Platon und Aristoteles, marqueraient une révolution dans les études platoniciennes, si elles étaient acceptables. Selon lui, Platon a, dès le commencement de sa carrière philosophique, au moins dès l'ouverture de l'Académie, possédé un système élaboré d'ontologie. Ce système a été exposé aux membres de l'Académie, sous forme d'une doctrine ésotêrique. Les dialogues, qui sont entièrement des œuvres protreptiques, ne comportent que des allusions à cette doctrine; tout de même, sans (...) connaître ce fonds doctrinal, on ne peut vraiment comprendre les dialogues. Sans vouloir dresser un compte-rendu complet du livre en question, l'auteur du présent article voulait écrire quelques notes marginales. Ni le récit d'Aristoxène, ni les données plus tardives n'autorisent M. Kr. à déclarer que la fameuse conférence πεϱ τἀγαϑοῦ ait constitué une série de cours. En outre, le récit même n'est pas exempt d'invraisemblance, si l'on compare les fragments des poètes de la comédie moyenne. La dépréciation de l'œuvre écrite que contient la fin du Phèdre n'est pas absolue, comme le croît M. Krämer, mais relative. Dans la vue de M. Kr., il est difficile de comprendre pourquoi Platon a écrit. Surtout la composition des Lois est inexplicable. Dans la théorie d'un système ésotérique, l'héritage de Socrate ne reste plus reconnaissable. Si, comme dans les théories de M. Krämer, l'axiologie se confond avec l'ontologie, l'autonomie de la décision éthique disparaît, et la position priviligiée du Bien ne peut plus être comprise. Le refus de tout développement chez Platon contraint M. Krämer à donner des interprétations très forcées de plusieurs textes platoniciens. (shrink)

A cursory view of the history of ethical thinking shows the presence of a limited variety of 'styles of ethical reasoning', a term used in analogy of Crombie's 'styles of scientific reasoning' for systems of thought that set their own standards and techniques for providing evidence. Each style of reasoning tends to suggest a specific role for ethicists. Styles are appropriate relative to particular contexts of problems and require special institutions to flourish. Herman De Dijn's discussion in Taboes, monsters en (...) loterijen of the problems hybridsproduced in biomedicine and biotechnology pose for the symbolic order is shown to rest on two 'styles of ethical reasoning', viz, 'postulation of principles' and 'hermeneutics'. It is argued that both styles fall short, but for different reasons. 'Postulation of principles' is ill-equipped to answer problems posed by a world of change. Hermeneutics requires a pace of time and institutions not available in current society. Confronted with the problems De Dijn discusses, therefore two separate problems arise. Ethicistsnot only have to learn how to account for the hybrids that biomedicine and biotechnology produce, they also have to think about and contribute to institutional innovation. Rather than opening a space for discussing both tasks, De Dijn's styles of reasoning close off this matter. (shrink)

In more than 20% of countries, a single religion is recognized in the constitution. This article argues that there are good reasons for opposing such ‘mono-recognition’ as it fails to show due concern to members of constitutionally unrecognized religions. Yet rather than opting for disestablishment as Sweden did in 2000, I show that there may be a better alternative in many cases: To constitutionally recognize a variety of religions. After distinguishing synchronic forms of plural recognition whereby multiple religions are constitutionally (...) recognized simultaneously from diachronic forms whereby state religions are rotated, I defend the latter option. On this approach, a multi-religious state might have Catholicism as the state religion during the first part of the year, then Islam, then Judaism, and so on, whereby I argue that there ought to be differences in the amount of time that religions are recognized depending on differences in the strength of their claims to constitutional recognition. Besides being fairer than mono-recognition and synchronic plural recognition, I show that when some religious groups are marginalized, diachronic plural recognition has significant advantages over non-recognition of any religion as constitutionally recognizing these groups’ religions sends valuable signals that their members belong to society. (shrink)

In recent years, several theorists have defended a form of neutrality that seeks to equalise the benefits that state policies bestow upon citizens’ conceptions of the good life. For example, when state policies confer special benefits upon a conception that revolves around a particular culture, religion or type of sports, other cultures, religions or types of sports might be due compensation. This article argues that this kind of neutrality – which I refer to as ‘hands-on neutrality’ – cannot be vindicated, (...) whether it takes a resourcist form or welfarist form. After explaining why states cannot simply avoid bestowing unequal advantages upon citizens’ conceptions of the good life, I identify several versions of hands-on neutrality and show that all of them fail to respect the moral equality of citizens. (In so doing, however, I do find that a different form of neutrality is appropriately applied under a more limited set of conditions, which is lottery-based.) I conclude by showing that in cases where theories of hands-on neutrality have intuitive force, more plausible rival principles can account for our intuitions. (shrink)

The topic of epistemic injustice in global health ethics is complex, important and vast. While presenting as nuanced and complete a picture of the challenge as we possibly could, we were acutely aware of our positionality and how it gave us a certain viewpoint that would need to be expanded by others with different positions and experiences. We were, therefore, delighted to receive the collected commentaries by Atuire,1 Abimbola,2 Frimpong-Mansoh,3 Nyamnjoh and Ewuoso,4 Tangwa,5 Ambrogi et al.6 We would like to (...) thank these authors for furthering our account by raising questions, pointing out gaps or complementing our analysis. The points raised by these authors—and many points that will undoubtedly be raised by others in future—should be critically engaged with as we collectively define and work towards a more epistemically just global health ethics. Specifically, two points stand out. First, Frimpong-Mansoh accurately diagnoses our ambiguity about being drawn into debates about relativism in bioethics. We …. (shrink)

Many people move house at some point during their childhood and not rarely more than once. While relocations are not always harmful for under-aged children, they can, and frequently do, cause great disruption to their lives by severing their social ties as well as any attachments that they might have to their neighbourhood, town, or wider geographical region, with long-lasting psychological effects in some cases. Since it is increasingly recognised within normative philosophy as well as within Western societies that older (...) minors should have the final say over certain issues that significantly affect their lives (think, for instance, of custody disputes, decisions about whether to get specific vaccinations or use contraceptives), this raises the question: Can it be morally incumbent upon parents to give their minor children a veto over family relocation? This article argues that the answer is affirmative. Specifically, it suggests that such duties exist if and only if (i) parents are not morally required to either relocate their families or stay put, (ii) the stakes of the decision about a family relocation are fairly low, and (iii) the children have the competence to make these decisions, as many older minors do. (shrink)

The use of genome-wide association studies in medical research and the increased ability to share data give a new twist to some of the perennial ethical issues associated with genomic research. GWAS create particular challenges because they produce fine, detailed, genotype information at high resolution, and the results of more focused studies can potentially be used to determine genetic variation for a wide range of conditions and traits. The information from a GWA scan is derived from DNA that is a (...) powerful personal identifier, and can provide information not just on the individual, but also on the individual's relatives, related groups, and populations. Furthermore, it creates large amounts of individual-specific digital information that is easy to share across international borders. This paper provides an overview of some of the key ethical issues around GWAS: consent, feedback of results, privacy, and the governance of research. Many of the questions that lie ahead of us in terms of the next generation sequencing methods will have been foreshadowed by GWAS and the debates around ethical and policy issues that these have created. (shrink)

What, at this historical moment "after Auschwitz," still remains of the questions traditionally asked by theology? What now is theology's minimal degree? This magisterial study, the first extended comparison of the writings of Theodor W. Adorno and Emmanuel Levinas, explores remnants and echoes of religious forms in these thinkers' critiques of secular reason, finding in the work of both a "theology in pianissimo" constituted by the trace of a transcendent other. The author analyzes, systematizes, and formalizes this idea of an (...) other of reason. In addition, he frames these thinkers' innovative projects within the arguments of such intellectual heirs as Jürgen Habermas and Jacques Derrida, defending their work against later accusations of "performative contradiction" (by Habermas) or "empiricism" (by Derrida) and in the process casting important new light on those later writers as well. Attentive to rhetorical and rational features of Adorno's and Levinas's texts, his investigations of the concepts of history, subjectivity, and language in their writings provide a radical interpretation of their paradoxical modes of thought and reveal remarkable and hitherto unsuspected parallels between their philosophical methods, parallels that amount to a plausible way of overcoming certain impasses in contemporary philosophical thinking. In Adorno, this takes the form of a dialectical critique of dialectics in Levinas, that of a phenomenological critique of phenomenology, each of which sheds new light on ancient and modern questions of metaphysics, ethics, and aesthetics. For the English-language publication, the author has extensively revised and updated the prize-winning German version. (shrink)

Over the past decade, many philosophers have argued that to respect the moral equality of their citizens, states should be neutral toward certain forms of diversity among their populations. Areas in which the state neutrality has been advocated include, but are not limited to, citizens’ different religions; languages; and sexual orientations. However, there remains an important area where its normative (ir)relevance has not been discussed: That of neurodiversity. After identifying several ways in which contemporary states disfavor the interests of neurodivergent (...) groups relative to the neurotypical majority, including those of autistic people; dyslectic people; and people with ADHD, the most promising would be-justifications for such unequal treatment are considered. They maintain respectively that states only have to be neutral toward differences that feature in people’s conceptions of the good life; that addressing the discussed neuro-inequalities is too costly, whether financially or otherwise; that doing so raises intolerable risks of a public backlash; and that a commitment to neuro-neutrality leads to overinclusion. None are found to be convincing across the board, which leads me to conclude that states should become significantly more neuro-neutral than they are today. (shrink)

Okay, Professor Turner is not Rodney King. He is not responding to bioethicists and social scientists running amuck, setting automobiles aflame, and pelting each other with rocks and broken bottles. He does not come right out and ask, “Why can't we all just get along?” But in its academic way, Turner's essay is an effort to negotiate a truce in the interdisciplinary squabbles that plague bioethics, a plea to move bioethics beyond the “misleading” and “unhelpful” “demarcation of disciplinary goals” that (...) leads to “dichotomous thinking” and “polemical accusations.”. (shrink)