Due to the prevalence, severity, and costs associated with autism spectrum disorders, it has become a public health issue. In response, state governments have adopted ASD-specific private insurance mandates requiring coverage of ASD screening, diagnosis, and treatment. Despite rapid uptake of these laws, differences exist in the type and levels of coverage, especially for allied health services including occupational therapy. We piloted a structured legal research methodology to code ASD insurance mandates that impact allied health service provisions. State private insurance (...) mandates were obtained from WestlawNext. A coding methodology was piloted on 14 states and included variables for age and service limits, treatments covered, and medical necessity. Coding methods were feasible and highly reliable among raters. Ten of 12 states had a coverage mandate, many with specific provisions for allied health providers. A full analysis of all 50 states is warranted to identify provisions affecting allied health providers serving individuals with ASD. (shrink)

In this article, I argue that Brad Hooker's rule-consequentialism implausibly implies that what earthlings are morally required to sacrifice for the sake of helping their less fortunate brethren depends on whether or not other people exist on some distant planet even when these others would be too far away for earthlings to affect.

We ought to perform our best option—that is, the option that we have most reason, all things considered, to perform. This is perhaps the most fundamental and least controversial of all normative principles concerning action. Yet, it is not, I believe, well understood. For even setting aside questions about what our options are and what our reasons are, there are prior questions concerning how best to formulate the principle. In this paper, I address these questions. One of the more interesting (...) upshots of this inquiry is that the deontic statuses (e.g., obligatory, optional, and impermissible) of individual actions are determined by the deontic statuses of the larger sets of actions of which they are a part. And, as I show, this has a number of interesting implications both for normative theory and for our understanding of practical reasons. (shrink)

This is a general introduction to the agent-relative/agent-neutral distinction.

Commonsense Consequentialism is a book about morality, rationality, and the interconnections between the two. In it, Douglas W. Portmore defends a version of consequentialism that both comports with our commonsense moral intuitions and shares with other consequentialist theories the same compelling teleological conception of practical reasons. Broadly construed, consequentialism is the view that an act's deontic status is determined by how its outcome ranks relative to those of the available alternatives on some evaluative ranking. Portmore argues that outcomes should (...) be ranked, not according to their impersonal value, but according to how much reason the relevant agent has to desire that each outcome obtains and that, when outcomes are ranked in this way, we arrive at a version of consequentialism that can better account for our commonsense moral intuitions than even many forms of deontology can. What's more, Portmore argues that we should accept this version of consequentialism, because we should accept both that an agent can be morally required to do only what she has most reason to do and that what she has most reason to do is to perform the act that would produce the outcome that she has most reason to want to obtain.Although the primary aim of the book is to defend a particular moral theory, Portmore defends this theory as part of a coherent whole concerning our commonsense views about the nature and substance of both morality and rationality. Thus, it will be of interest not only to those working on consequentialism and other areas of normative ethics, but also to those working in metaethics. Beyond offering an account of morality, Portmore offers accounts of practical reasons, practical rationality, and the objective/subjective obligation distinction. (shrink)

This paper argues that the standard account of posthumous harm is untenable. The standard account presupposes the desire-fulfillment theory of welfare, but I argue that no plausible version of this theory can allow for the possibility of posthumous harm. I argue that there are, at least, two problems with the standard account from the perspective of a desire-fulfillment theorist. First, as most desire-fulfillment theorists acknowledge, the theory must be restricted in such a way that only those desires that pertain to (...) one’s own life count in determining one’s welfare. The problem is that no one has yet provided a plausible account of which desires these are such that desires for posthumous prestige and the like are included. Second and more importantly, if the desire-fulfillment theory is going to be at all plausible, it must, I argue, restrict itself not only to those desires that pertain to one’s own life but also to those desires that are future independent, and this would rule out the possibility of posthumous harm. If I’m right, then even the desire-fulfillment theorist should reject the standard account of posthumous harm. We cannot plausibly account for posthumous harm in terms of desire fulfillment (or the lack thereof). (shrink)

Blame is multifarious. It can be passionate or dispassionate. It can be expressed or kept private. We blame both the living and the dead. And we blame ourselves as well as others. What’s more, we blame ourselves, not only for our moral failings, but also for our non-moral failings: for our aesthetic bad taste, gustatory self-indulgence, or poor athletic performance. And we blame ourselves both for things over which we exerted agential control (e.g., our voluntary acts) and for things over (...) which we lacked such control (e.g., our desires, beliefs, and intentions). I argue that, despite this manifest diversity in our blaming practices, it’s possible to provide comprehensive account of blame. Indeed, I propose a set of necessary and sufficient conditions that aims to specify blame’s extension in terms of its constitution as opposed to its function. And I argue that this proposal has a number of advantages beyond accounting for blame in all its disparate forms. For one, it can account for the fact that one’s having had control over whether one was to φ is a necessary condition for one’s being fittingly blamed for having φ-ed. For another, it can account for why, unlike fitting shame, fitting blame is always deserved, which in turn explains why there is something morally problematic about ridding oneself of one’s fitting self-blame (e.g., one’s fitting guilt). (shrink)

This chapter explains a key tenet of the moral theory that I call Kantsequentialism. That tenet is Kantian Telicism: the view that a subject’s will along with the value of things determine their legitimate ends, which include all their discretionary ends (say, mastering kung fu or traveling the world) as well as the following four obligatory ends: (a) never manifesting a lack of recognition respect for a person, (b) the well-being of every other existing sentient being, (c) the maximization of (...) the impersonal good, and (d) the minimization of the risk of any personal or impersonal disaster. This tenet is crucial because, on Kantsequentialism, what an agent morally ought to do is a function of what's best in terms of achieving their legitimate ends. (shrink)

To understand Nietzsche’s pedagogy of self-overcoming and to determine its true import for contemporary education, it is necessary to understand Nietzsche’s view of the self that is to be overcome. Nevertheless, previous interpretations of self-overcoming in the journals of the philosophy of education have lacked serious engagement with the Nietzschean self. I devote the first part of this paper to redressing this neglect and arguing for a view of the Nietzschean self as an assemblage of ontologically basic affects which have (...) been guided and modulated by the incorporation of perspectives. This interpretation has important consequences for self-overcoming, for it constrains the individual’s conscious agency to operations on perspectives. In light of this view I then advance a competing conception of self-overcoming and discuss some of the shortcomings of antecedent interpretations. Although previous interpreters have done their part to exhaust the characteristic actions of self-overcoming, I argue that they have either exaggerated the deleteriousness of social influence in the formation of the authentic individual, or else ignore it altogether. In the final part I reconsider the debate over the democratic or aristocratic nature of Nietzsche’s pedagogy of self-overcoming. Interestingly, self-overcoming cannot be labeled strictly as either, and out of this ambiguity grows the role of the school as an agent of cultural transformation. (shrink)

This is a draft of Chapter Three of the book I'm working on entitled: Kantsequentialism: A Morality of Ends. This chapter outlines my favored moral theory: Kantian consequentialism or Kantsequentialism, for short. This theory takes what's best from both utilitarianism and Kantianism while leaving behind the problems associated with each.

Develops a logical analysis of dialogue in which two or more parties attempt to advance their own interests. It includes a classification of the major types of dialogues and a discussion of several important informal fallacies.

To consequentialize a non-consequentialist theory, take whatever considerations that the non-consequentialist theory holds to be relevant to determining the deontic statuses of actions and insist that those considerations are relevant to determining the proper ranking of outcomes. In this way, the consequentialist can produce an ordering of outcomes that when combined with her criterion of rightness yields the same set of deontic verdicts that the non-consequentialist theory yields. In this paper, I argue that any plausible non-consequentialist theory can be consequentialized. (...) I explain the motivation for the consequentializing project and defend it against recent criticisms by Mark Schroeder and others. (shrink)

Plausible (eikotic) reasoning known from ancient Greek (late Academic) skeptical philosophy is shown to be a clear notion that can be analyzed by argumentation methods, and that is important for argumentation studies. It is shown how there is a continuous thread running from the Sophists to the skeptical philosopher Carneades, through remarks of Locke and Bentham on the subject, to recent research in artificial intelligence. Eleven characteristics of plausible reasoning are specified by analyzing key examples of it recognized as important (...) in ancient Greek skeptical philosophy using an artificial intelligence model called the Carneades Argumentation System (CAS). By applying CAS to ancient examples it is shown how plausible reasoning is especially useful for gaining a better understanding of evidential reasoning in law, and argued that it can also be applied to everyday argumentation. Our analysis of the snake and rope example of Carneades is also used to point out some ways CAS needs to be extended if it is to more fully model the views of this ancient philosopher on argumentation. (shrink)

Many philosophers hold that the achievement of one's goals can contribute to one's welfare apart from whatever independent contributions that the objects of those goals or the processes by which they are achieved make. Call this the Achievement View, and call those who accept it achievementists. In this paper, I argue that achievementists should accept both that one factor that affects how much the achievement of a goal contributes to one’s welfare is the amount that one has invested in that (...) goal and that the amount that one has invested in a goal is a function of how much one has personally sacrificed for its sake, not a function of how much effort one has put into achieving it. So I will, contrary to at least one achievementist, be arguing against the view that the greater the amount of productive effort that goes into achieving a goal, the more its achievement contributes to one's welfare. Furthermore, I argue that the reason that the achievement of those goals for which one has personally sacrificed matters more to one’s welfare is that, in general, the redemption of one's self-sacrifices in itself contributes to one’s welfare. Lastly, I argue that the view that the redemption of one's self-sacrifices in itself contributes to one's welfare is plausible independent of whether or not we find the Achievement View plausible. We should accept this view so as to account both for the Shape of a Life Phenomenon and for the rationality of honoring "sunk costs.". (shrink)

Alexander Rosenberg (1983) has argued, contrary to his previous work in the philosophy of economics, that economics is not science, and it is merely mathematics. The following paper argues that Rosenberg fails to demonstrate either of these two claims. The questions of the predictive weakness of modern economics and the cognitive standing of abstract economic theory are discussed in detail.

Some right acts have what philosophers call moral worth. A right act has moral worth if and only if its agent deserves credit for having acted rightly in this instance. And I argue that an agent deserves credit for having acted rightly if and only if her act issues from an appropriate set of concerns, where the appropriateness of these concerns is a function what her ultimate moral concerns should be. Two important upshots of the resulting account of moral worth (...) are that (1) an act can have moral worth even if it doesn’t manifest a concern for doing what’s right and that (2) an act can lack moral worth even if it is performed for the right reasons. (shrink)

The book concerns what I take to be the least controversial normative principle concerning action: you ought to perform your best option—best, that is, in terms of whatever ultimately matters. The book sets aside the question of what ultimately matters so as to focus on more basic issues, such as: What are our options? Do I have the option of typing out the cure for cancer if that’s what I would in fact do if I had the right intentions at (...) the right times (e.g., the intention to type the letter T at t1, the intention to type the letter H at t2, the intention to type the letter E at t3, etc.)? If I can’t form intentions voluntarily, does that mean that I don’t have the option of forming the intention that I ought to form? Which options do we assess directly in terms of their own goodness and which do we assess in terms of their relations to the goodness of other options? What do we hold fixed when assessing how good an option is? Do we, for instance, hold fixed the agent’s future beliefs, desires, and intentions? And do we hold fixed the agent’s predictable future misbehavior? Lastly, how do the things that ultimately matter determine the goodness of an option? If one of the things that ultimately matters in determining the goodness of an option is that the option doesn’t involve violating anyone’s rights, do we evaluate the option itself in terms of whether it involves violating anyone’s rights or do we evaluate the option’s prospect in terms of this and then the option in terms of its prospect? And what if there is indeterminacy or uncertainty with regards to whether an option would involve violating someone’s rights? (shrink)

Review of Ben Bradley's Well-Being and Death.

A review of Caspar Hare's book The Limit of Kindness.

On the Total Principle, the best state of affairs (ceteris paribus) is the one with the greatest net sum of welfare value. Parfit rejects this principle, because he believes that it implies the Repugnant Conclusion, the conclusion that for any large population of people, all with lives well worth living, there will be some much larger population whose existence would be better, even though its members all have lives that are only barely worth living. Recently, however, a number of philosophers (...) have suggested that the Total Principle does not imply the Repugnant Conclusion provided that a certain axiological view (namely, the ‘Discontinuity View’) is correct. Nevertheless, as I point out, there are three different versions of the Repugnant Conclusion, and it appears that the Total Principle will imply two of the three even if the Discontinuity View is correct. I then go on to argue that one of the two remaining versions turns out not to be repugnant after all. Second, I argue that the last remaining version is not, as it turns out, implied by the Total Principle. Thus, my arguments show that the Total Principle has no repugnant implications. (shrink)

On commonsense morality, there are two types of situations where an agent is not required to maximize the impersonal good. First, there are those situations where the agent is prohibited from doing so--constraints. Second, there are those situations where the agent is permitted to do so but also has the option of doing something else--options. I argue that there are three possible explanations for the absence of a moral requirement to maximize the impersonal good and that the commonsense moralist must (...) appeal to all three in order to account for the vast array of constraints and options we take there be. (shrink)

In this paper, I take it for granted both that there are two types of blameworthiness—accountability blameworthiness and attributability blameworthiness—and that avoidability is necessary only for the former. My task, then, is to explain why avoidability is necessary for accountability blameworthiness but not for attributability blameworthiness. I argue that what explains this is both the fact that these two types of blameworthiness make different sorts of reactive attitudes fitting and that only one of these two types of attitudes requires having (...) been able to refrain from φ-ing in order for them to be fitting. (shrink)

This is the first chapter of a book that I'm writing entitled Kantsequentialism: A Morality of Ends. The chapter has six sections: (1) The Distinction between a Moral Theory and a Complete Account of Morality, (2) The Best Explanation, (3) Fitting the Data as Opposed to the Facts, (4) Epistemic Justification and Phenomenal Conservatism, (5) Neither Overfitting nor Underfitting the Data, and (6) Trusting Our Moral Intuitions. Thus, the chapter begins by providing an account of what a moral theory is (...) and how that differs from a complete account of morality. It then argues that there are only four explanatory virtues: modesty, coherence, unifying power, and predictive power. Thus, it argues that simplicity is not itself a virtue. It explains how it's important for a theory to avoid either overfitting or underfitting the data. The chapter then explains that the data for our philosophical theories are our intuitions (which are intellectual seemings), and it defends phenomenal conservatism -- the view that we are justified in believing that things are as they seem unless and until grounds for doubt arise. Lastly, it responds to worries about the trustworthiness of our moral intuitions stemming from both experimental philosophy and evolutionary debunking arguments. (shrink)

Discussions of Karl Popper's falsificationist philosophy of science appear regularly in the recent literature on economic methodology. In this literature, there seem to be two fundamental points of agreement about Popper. First, most economists take Popper's falsificationist method of bold conjecture and severe test to be the correct characterization of scientific conduct in the physical sciences. Second, most economists admit that economic theory fails miserably when judged by these same falsificationist standards. As Latsis states, “the development of economic analysis would (...) look a dismal affair through falsificationist spectacles.”. (shrink)

Consequentialism is an agent-neutral teleological theory, and deontology is an agent-relative non-teleological theory. I argue that a certain hybrid of the two—namely, non-egoistic agent-relative teleological ethics (NATE)—is quite promising. This hybrid takes what is best from both consequentialism and deontology while leaving behind the problems associated with each. Like consequentialism and unlike deontology, NATE can accommodate the compelling idea that it is always permissible to bring about the best available state of affairs. Yet unlike consequentialism and like deontology, NATE accords (...) well with our commonsense moral intuitions. (shrink)

This is an encyclopedia entry on consequentializing. It explains what consequentializing is, what makes it possible, why someone might be motivated to consequentialize, and how to consequentialize a non-consequentialist theory.

Controlled human infection (CHI) studies involve the deliberate exposure of healthy research participants to infectious agents to study early disease processes and evaluate interventions under controlled conditions with high efficiency. Although CHI studies expose participants to the risk of infection, they are designed to offer investigators unique advantages for studying the pathogenesis of infectious diseases and testing potential vaccines or treatments in humans. One of the central challenges facing investigators involves the fair selection of research subjects to participate in CHI (...) studies. While there is widespread agreement that investigators have a duty to select research participants fairly, this principle also yields conflicting ethical imperatives, for example requiring investigators to both exclude potential participants with co‐morbidities since they face increased risks, but also to include them in order to ensure generalizability. In this paper we defend an account of fair subject selection that is tailored to the context of CHI studies. We identify the considerations of fairness that bear directly on selecting participants for CHI studies and provide investigators and members of IRBs and RECs with a principled way to navigate the conflicting imperatives to which these considerations give rise. (shrink)

Analogous to prism adaptation, sensorimotor compensation for existing neural delays has been clearly demonstrated. This system can also adapt to new delays, both internal and external. This seems to occur at least partially in the sensor systems, and works for discrete, stationary events. This provides additional evidence for visual prediction, but not in a manner that is consistent with spatial extrapolation.

Common-sense morality includes various agent-centred constraints, including ones against killing unnecessarily and breaking a promise. However, it's not always clear whether, had an agent ϕ-ed, she would have violated a constraint. And sometimes the reason for this is not that we lack knowledge of the relevant facts, but that there is no fact about whether her ϕ-ing would have constituted a constraint-violation. What, then, is a constraint-accepting theory to say about whether it would have been permissible for her to have (...) ϕ-ed? In this paper, I canvass various possible approaches to answering this question and I argue that teleology offers the most plausible approach—teleology being the view that every act has its deontic status in virtue of how its outcome ranks, relative to those of its alternatives. So although, until recently, it had been thought that only deontological theories can accommodate constraints, it turns out that teleological theories not only can accommodate constraints, but can do so more plausibly than deontological theories can. (shrink)

Suggesting that much of social science is still wedded to the ‘dogma of the ghost in the machine,’ I discuss my ethnomethodological and conversation analytic approach to the assembly of cognitive objects. It is important to reverse the usual social psychological metalanguage of mind causing behavior, and see how practices in interaction operate to display cognitive states of participants. Two examples are given: one in regard to the assembly of gestalts, including social actions in talk, and the other concerning the (...) production of responses as accountable phenomena in the survey interview. While advances are being made in brain imaging, the connections between the neurobiology of the mind and the practices embedded in human conduct are tenuous at best. For the social scientist, approaching cognition through practices puts ghosts and other ephemera in abeyance and allows for analysis of the detail exhibited in behavior when minds are purportedly at work. (shrink)

Financial crises have become an all-too-common occurrence over the past twenty years, largely as a result of changes in finance brought about by increasing internationalization and integration. As domestic financial systems and economies become more interlinked, weaknesses can significantly impact not only individual economies but also markets, financial intermediaries and economies around the world. This volume addresses the twin objectives of financial development in the context of financial stability and the role of law in supporting both. Financial stability (frequently seen (...) as the avoidance of financial crisis) has become an objective of the international financial architecture as well as individual economies and central banks. At the same time, financial development is now seen to play an important role in economic growth. In both financial stability and financial development, law and related institutions have a central role. (shrink)

Dual-ranking act-consequentialism (DRAC) is a rather peculiar version of act-consequentialism. Unlike more traditional forms of act-consequentialism, DRAC doesn’t take the deontic status of an action to be a function of some evaluative ranking of outcomes. Rather, it takes the deontic status of an action to be a function of some non-evaluative ranking that is in turn a function of two auxiliary rankings that are evaluative. I argue that DRAC is promising in that it can accommodate certain features of commonsense morality (...) that no single-ranking version of act-consequentialism can: supererogation, agent-centered options, and the self-other asymmetry. I also defend DRAC against three objections: (1) that its dual-ranking structure is ad hoc, (2) that it denies (putatively implausibly) that it is always permissible to make self-sacrifices that don’t make things worse for others, and (3) that it violates certain axioms of expected utility theory, viz., transitivity and independence. (shrink)

Plato scholarship in education is currently experiencing a marked renaissance. In the last half decade, dozens of articles have been published in the journals of philosophy of education that engage with Plato’s educational vision, and several book-length treatments have appeared at major publishing houses alongside these articles. From one perspective, this development might seem surprising, even baffling. Plato, as we hear from countless, seemingly reliable sources, is a metaphysician par excellence. He believes in a dubious realm of forms that somehow (...) stands above or behind the things we see in the world. He claims that all learning is ultimately recollection from a time in which our soul resided in this realm, before it was infused into our bodies at birth. He is a trenchant critic of democracy. Given these credentials, it would seem that Plato has very little to say to us in post-metaphysical democratic societies and especially to teachers who hope to have a bit more success than Socrates. And yet the authors of the aforementioned works on Plato argue the very opposite. Plato is an indispensable conversation partner for contemporary educational philosophy and theory, they maintain, and overlooking his insights would seriously impoverish our conceptions and methods of education. This suite of papers aims to provide a helpful overview of the contemporary debate concerning Plato’s educational legacy and show that it provides important guidance for educators today. (shrink)