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Added by: Simon FoktContent: The paper examines various arguments looking at the responsibility psychopaths bear for their immoral actions, using neurological knowledge about psychopathy.
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Added by: Simon Fokt, Contributed by: Nathan NobisAbstract: To date, there are several areas of applied ethical study. Given their situational nature, they are often distinct from one another, though they regularly employ similar methods detailed here. Applied ethicists qua applied ethicists are more concerned with particular cases than with more abstract theoretical questions. They aim to apply their ethical training to the study of actual ethical situations, and to draw conclusions about the moral status of scenarios that people out in the world actually encounter, and of situations that have real, practical import.
Comment: An overview of the nature of applied or practical ethics.
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Added by: Erich Hatala MatthesSummary: Harding's article offer an in-depth look at the theoretical justification for the Native American Grave Protection and Repatriation Act (NAGPRA) of 1990, paying special attention to the category of "cultural patrimony" under which non-funerary artworks will often fall if they are subject to NAGPRA. The paper focuses on three different approaches to justifying repatriation: in terms of compensation for historical injustices, the value of an object to a community, and challenging the very possibility of ownership of cultural patrimony. Harding ultimately favors this final approach, suggesting a stewardship model on which we all have obligations with respect to the protection of cultural property.
Comment: This is a long law review article, and so is best for more advanced classes. It is a useful text for instructors who are interested in exploring cultural property issues in a legal but philosophically informed context. One can also assign only certain sections focusing on particular issues. For a shorter article that also promotes a stewardship model, the Warren paper is a good substitute, though not likewise embedded in the legal issues (and written before the passage of NAGPRA).
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Added by: Clotilde Torregrossa, Contributed by: Simon FoktAbstract: The non-identity problem concerns actions that affect who exists in the future. If such an action is performed, certain people will exist in the future who would not otherwise have existed: they are not identical to any of the people who would have existed if the action had not been performed. Some of these actions seem to be wrong, and they seem to be wrong in virtue of harming the very future individuals whose existence is dependent on their having been performed. The problem arises when it is argued that the actions do not harm these people - because the actions do not make them worse off than they would otherwise be.1 Consider: Radioactive Waste Policy: We are trying to decide whether to adopt a permissive radioactive waste policy. This policy would be less inconvenient to us than our existing practices. If we enact the newly-proposed policy, then we will cause there to be radioactive pollution that will cause illness and suffering. However, the policy will have such significant effects on public policy and industry functioning, that different people will exist in the future depending on whether we enact the policy. Two things should be emphasized. First, the illness and suffering caused will be very serious: deformed babies, children with burns from acid rain, and adults dying young from cancer. Second, the policy will affect who will exist in the future because our present practices invade people's everyday lives, for example by affecting recycling practices in the home; these practices will change if the policy is adopted. Furthermore, whether we adopt the policy will determine which plants are built where, what jobs are available, and what trucks are on the road. These effects will create small differences in everyone's lives which ultimately affect who meets whom and who conceives with whom, or at least when people conceive. This affects who exists in the future.
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Added by: Clotilde Torregrossa, Contributed by: Simon FoktIntroduction: There has been considerable discussion of the moral status of early fetuses and the ethics of the choice whether to abort a pregnancy. But one tenable view about the moral status of early fetuses has been regularly ignored. As a consequence, a very liberal view about the ethics of abortion is more attractive than has previously been thought. Let us use the term 'early fetus' as follows: (1) 'early fetus': a fetus before it has any intrinsic properties that themselves confer moral status on the fetus. I assume that there is a nonnegligible period of time in which fetuses are early fetuses in my sense; it may be as short as a few weeks or as long as several months, depending on which intrinsic properties can them- selves confer moral status. One plausible view says that an early fetus is a fetus before it has any conscious experience and before it can properly be described as the subject of experience.
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Added by: Clotilde Torregrossa, Contributed by: Simon FoktAbstract: Many people face a problem about potentiality: their moral beliefs appear to dictate inconsistent views about the signifcance of the potentiality to become a healthy adult. Briefy, the problem arises as follows. Consider the following two claims. First, both human babies and cats have moral status, but harms to babies matter more, morally, than similar harms to cats. Second, early human embryos lack moral status. It appears that the first claim can only be true if human babies have more moral status than cats. Among the properties that determine moral status, human babies have no properties other than their potentiality that could explain their having more moral status than cats. So human babies' potentiality to become adult persons must explain their having more moral status than cats. But then potentiality must raise moral status generally. So early human embryos must have some moral status. It appears that the view that must underlie the first claim implies that the second claim is false.
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Added by: Jamie RobertsonAbstract: Summary (from Introduction of Autonomy and Mental Disorder, Radoilska ed.): In 'Mental disorder and the value(s) of autonomy', Jane Heal identifies and critically examines a form of thought which is implicit in discussions about what we, as a society, owe to people with mental disorder. This form of thought builds upon intuitions which link respect for a person with respect for a person's autonomy. In light of these intuitions, the issue of how to treat a person with mental disorder may seem to revolve around the question whether or not this person has the capacity for autonomy. However, Heal argues, inquiries that share this logical form are methodologically inappropriate and potentially unhelpful in answering either of the questions they put together: what we owe to people with mental disorder and what is involved in autonomy as a capacity. The reason for this is twofold. Firstly, the apparent consensus about autonomy as a capacity for self-determination that ought to be protected from interference by a corresponding right to self-determination is too shallow to ground a coherent course of action in terms of respect for autonomy. Even if we work with the assumption that autonomy is part of the Enlightenment project, we face an important dilemma since we have to choose between a Kantian or rationality oriented and a Millian or well-being oriented take on the nature and significance of autonomy. Secondly, even if we were to reach a substantive consensus on the concept of autonomy, it would arguably require an intricate array of mental capacities, outside the reach of at least some people with mental disorder. Getting clearer on what autonomy is will not help us find out what it means to treat these people respectfully.
Comment: This text would be a good candidate for inclusion in a course about autonomy, philosophy of disability, or the ethics or political philosophy of mental health or aging (due to discussion of dementia). If assigned as part of a course on autonomy, students will benefit from considering Heal's approach to breaking down the logical components of the concept and her nuanced discussion of the limitations of autonomy as a moral principle for understanding our obligations toward people with mental disorders. This second element is the central question of the paper and would be of interest when examining disability or mental health from a philosophical perspective.
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Added by: Simon Fokt, Contributed by: AnonymousAbstract:
In some vicarious cases of compensation, an agent seems obligated to compensate for a harm they did not inflict. This raises the problem that obligations for compensation may arise out of circumstantial luck. That is, an agent may owe compensation for a harm that was outside their control. Addressing this issue, I identify five conditions for compensation from the literature: causal engagement, proxy, ill-gotten gains, constitution, and affiliation. I argue that only two of them specify genuine and irreducible grounds for compensation, and that factors determining the agent’s obligations may be beyond their control. However, I suggest that this is unproblematic. There is thus no problem of circumstantial moral luck for compensation.
Comment: Argues that there is no problem of moral luck for obligations of compensation. Surveys possible ethical justifications of compensation and may thus be used as a text in a class on reparation, restoration, and related issues in applied ethics and political philosophy. Also discusses moral luck, particularly circumstantial luck, and may thus be used to showcase how the issue of moral luck arises in the circumscribed context of compensation.
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Added by: Björn FreterAbstract:
Abstract: Empirical research into moral decision-making is often taken to have normative implications. For instance, in his recent book, Greene (2013) relies on empirical findings to establish utilitarianism as a superior normative ethical theory. Kantian ethics, and deontological ethics more generally, is a rival view that Greene attacks. At the heart of Greene’s argument against deontology is the claim that deontological moral judgments are the product of certain emotions and not of reason. Deontological ethics is a mere rationalization of these emotions. Accordingly Greene maintains that deontology should be abandoned. This paper is a defense of deontological ethical theory. It argues that Greene’s argument against deontology needs further support. Greene’s empirical evidence is open to alternative interpretations. In particular, it is not clear that Greene’s characterization of alarm-like emotions that are relative to culture and personal experience is empirically tenable. Moreover, it is implausible that such emotions produce specifically deontological judgments. A rival sentimentalist view, according to which all moral judgments are determined by emotion, is at least as plausible given the empirical evidence and independently supported by philosophical theory. I therefore call for an improvement of Greene’s argument.
Comment: Defends deontological ethics against debunking arguments based on neuroscientific evidence, notably Joshua Greene's critique. Can be used in a unit on neurophilosophy, empirically informed ethics, or philosophy of cognitive science; e.g., can be pitted against Greene's "The secret joke of Kant's soul"
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Added by: Simon Fokt, Contributed by: Anonymous
Abstract: There is a rich literature on the use of medical trials as a model for designing and evaluating the outcomes of social policy interventions in former colonies. Yet social experimentalists have not engaged in a correspondingly vibrant discussion of medical ethics. A systematic review of social experiments shows that few studies explicitly discuss informed consent, or the serious constraints on securing informed consent from impoverished or child participants, particularly in the context of cluster randomization. The silence on informed consent, and in some cases active denial thereof, suggests that it is often considered less important than other elements of experimental design. This matters since involuntary experimentation on vulnerable people violates their personhood, increases the risk of unintended harm, and establishes continuities with colonial experimentation. There is a need to develop more effective mechanisms for regulating social experiments in former colonies. In the interim, scholars in the South have a responsibility to call for a moratorium on experiments.
Comment: Are useful counterweight to the literature on the randomise control trial is in development economics, shows that they are much more ethically controversial than they're willing to admit, also good for bringing out of the colonial aspect of even contemporary economics.
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Added by: Emily PaulIntroduction: Philosophers who have written about implicit bias have claimed or implied that individuals are not responsible, and therefore not blameworthy, for their implicit biases, and that this is a function of the nature of implicit bias as implicit: below the radar of conscious reflection, out of the control of the deliberating agent, and not rationally revisable in the way many of our reflective beliefs are. I argue that close attention to the findings of empirical psychology, and to the conditions for blameworthiness, does not support these claims. I suggest that the arguments for the claim that individuals are not liable for blame are invalid, and that there is some reason to suppose that individuals are, at least sometimes, liable to blame for the extent to which they are influenced in behaviour and judgment by implicit biases. I also argue against the claim that it is counter-productive to see bias as something for which individuals are blameworthy; rather, understanding implicit bias as something for which we are liable to blame could be constructive.
Comment: A great paper for a feminist philosophy, critical race theory, moral philosophy, applied ethics course or similar. Holroyd lays out 4 different arguments that we might NOT be blameworthy for harbouring implicit biases in premise-conclusion form, before arguing that they are invalid. Could e.g. break students into groups and ask each group to discuss a different argument and Holroyd's treatment of it.
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Added by: Simon FoktAbstract: Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the governments of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice.
Comment: This paper is particularly useful in teaching on international business ethics and as further reading on Rawls. It also offers interesting insights into wider issues related to duty of assistance and moral relativism.
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Added by: Clotilde Torregrossa, Contributed by: Hsin-Wen LeeAbstract: I argue that the death penalty has only limited deterrent effect. It cannot deter three types of offenders: (1) those who do not fear death; (2) those who are not rational and cannot take into consideration the consequences of their actions; (3) those who are confident that they won't be caught. Thus, in order to deter potential murderers, we must consider new ways to deter these three types of offenders.
Comment: The article is written for for a general audience. It considers the deterrence argument in favor of the death penalty. It should be useful for GE courses that cover the topic of the death penalty.
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Added by: Clotilde Torregrossa, Contributed by: Hsin-Wen LeeAbstract: A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant.This article revisits the concept of deterrence and defend a more plausible deterrence theory of punishment - the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism's respect for neutrality.
Comment: This text can be used in courses such as Philosophy of Law and/or Social and Political Philosophy.
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Added by: Sara Peppe, Contributed by: Pei-hua HuangAbstract: John Harris recently argued that the moral bioenhancement proposed by Persson and Savulescu can damage moral agency by depriving recipients of their freedom to fall (freedom to make wrongful choices) and therefore should not be pursued. The link Harris makes between moral agency and the freedom to fall, however, implies that all forms of moral enhancement that aim to make the enhancement recipients less likely to “fall,” including moral education, are detrimental to moral agency. In this article, I present a new moral agency–based critique against the moral bioenhancement program envisaged by Persson and Savulescu. I argue that the irresistible influences exerted by the bioenhancement program harm our capabilities for conducting accurate self-reflection and forming decisions that truly express our will, subsequently undermining our moral agency.
Comment: This paper can be assigned as a further reading when teaching the moral enhancement debate. It provides students with a less explored perspective on moral agency in the debate (i.e. the feminist approach to autonomy and Confucianism). Students might find the discussion on the Confucian conception of moral saints in this paper especially interesting when contrasting the conception to the more western ones.
Comment: Useful in teaching about the 'mad or bad' dilemma, and about responsibility and issues in psychiatric ethics in general.