Abstract: It seemed like only minutes after a team of Scottish scientists announced, in late February 1997, that they had successfully cloned a sheep, that governmental officials and private citizens throughout the world called for a ban on cloning human beings. The rush to legislate or issue executive orders was so swift, it is reasonable to wonder why the news that a mammal had been cloned ignited such a stampede to prohibit, even criminalize, attempts to clone humans. These events raise a series of separate, yet related questions. Why does the prospect of cloning human beings incite such strong reactions? What reasons have been proposed for enacting national laws or international conventions to prohibit cloning? Can these prohibitions be justified by sound ethical arguments? Before attempting to answer these questions, let us look first at the responses that called for public policy measures to ban human cloning.
Kant’s leading thread in the analytic of the beautiful
Abstract: Kant conducts his Analytic of the Beautiful, in the Critique of the Power of Judgment, according to the ‘leading thread’ that also guided the table of the categories in the first Critique: the four titles of the logical functions of judgement. This leading thread, which has not met with much favor on the part of Kant’s readers where the first Critique is concerned, is even less popular in the case of the third Critique. In this essay, I will argue that this ill repute is unmerited. In fact, Kant’s use of the leading thread of the logical functions of judgment to analyze judgments of taste merits close attention. In particular, it brings to light a striking feature of judgments of taste as analyzed by Kant. We would expect the main headings in the table of logical functions (quantity, quality, relation, modality) to guide the analysis of aesthetic judgments as judgments about an object (‘this rose is beautiful,’ ‘this painting is beautiful’). Now they certainly do serve this purpose. But in addition, it turns out that they also serve to analyze another judgment, one that remains implicitly contained within the predicate (‘beautiful’) of the judgments of taste. This second judgment, embedded, as it were, in the first (or in the predicate of the first), and that only the critique of taste brings to discursive clarity, is a judgment no longer about the object, but about the judging subjects, namely, the subjects that pass the judgment: ‘this rose is beautiful,’ ‘this painting is beautiful,’ and so on.
The Moral Permissibility of Abortion
Abstract: When a woman or girl finds herself pregnant, is it morally permissible for her to end that pregnancy? One dominant tradition says ‘no’; its close cousin says ‘rarely’ – exceptions may be made where the burdens on the individual girl or woman are exceptionally dire, or, for some, when the pregnancy results from rape. On both views, though, there is an enormous presumption against aborting, for abortion involves the destruction of something we have no right to destroy. Those who reject this claim, it is said, do so by denying the dignity of early human life – and imperiling their own. I think these views are deeply flawed. They are, I believe, based on a problematic conception of how we should value early human life; more than that, they are based on a profoundly misleading view of gestation and a deontically crude picture of morality. I believe that early abortion is fully permissible, widely decent, and, indeed, can be honorable. This is not, though, because I regard burgeoning human life as ‘mere tissue’: on the contrary, I think it has a value worthy of special respect. It is, rather, because I believe that the right way to value early human life, and the right way to value what is involved in and at stake with its development, lead to a view that regards abortion as both morally sober and morally permissible. Abortion at later stages of pregnancy becomes, for reasons I shall outline, multiply more complicated; but it is early abortions – say, abortions in the first half of pregnancy – that are most at stake for women.
Welfare and Harm After Death
Abstract: My aim in this essay is to defend the claim that posthumous harm is possible against an argument that assumes that an event harms a person only if it makes it the case that his or her welfare diminishes (compared to some benchmark) and further assumes that no one exists after death. This argument gets a purchase against posthumous harm only if one adds what I call Mortality-Bounded Welfare: the thesis that no events that occur after the end of one-s life can detrimentally affect one-s welfare. I accept the first two assumptions with some modification, but provide an argument to reject Mortality-Bounded Welfare. Although I use an argument form familiar in these kinds of discussions — contrast cases in a thought-experiment, one involving an undeniably living person, and one not — my defense of the thesis that the boundaries of welfare-affecting events may extend beyond the existence of the person in question is novel. My strategy is to make a case for a human condition having residual boundaries, by which I mean that it may obtain because of events that postdate a person, and then argue that it affects welfare. In the course of my argument, I provide a subsidiary argument that rights have residual boundaries. In particular, I argue that once rights vest (in existing people), they delineate not only a sphere of behavior that satisfies the rights but also a sphere of rights-violating behavior on the part of others. Unless this delineation is defeated by moral means, actual behavior on the part of others that falls within the respective spheres is right-satisfying or right-violating. The story does not change with regard to a right to performances potentially or necessarily postdating the right-holder.
Unlike some attempts to argue that posthumous harm is possible, my defense of the possibility of posthumous harm is compatible with various metaphysical positions about when a posthumous harm occurs.
I go on to demonstrate that my thought-experiment argument is free of an important objection (raised by Taylor, 2005) to two well-known attempts to defend posthumous harm on the basis of thought-experiments, Parfit-s (1984) and Feinberg-s (1984).
For the sake of completeness, I sketch a different thought-experiment argument against Mortality-Bounded Welfare. I explain why this different thought-experiment does not make use of the idea of rights with residual boundaries.
In closing, I trace a recent attempt, grounded in our agency, to argue for the possibility of posthumous harm. This attempt accepts, as mine does, the assumptions about welfare diminution and nonexistence after death and is likewise compatible with various metaphysical positions about when posthumous harm occurs. The argument in question is provided by Keller (2004) and is compatible with analyses of welfare offered by Scanlon and Raz. Although I grant its underlying assumption that agency sometimes has a posthumous extension, I argue that my defense of the possibility of posthumous harm is superior to this one by expanding on a recent criticism of its position on welfare offered by Bradley (2007).
Individual Complicity: The Tortured Patient
Abstract: Medical complicity in torture is prohibited by international law and codes of professional ethics. But in the many countries in which torture is common, doctors frequently are expected to assist unethical acts that they are unable to prevent. Sometimes these doctors face a dilemma: they are asked to provide diagnoses or treatments that respond to genuine health needs but that also make further torture more likely or more effective. The duty to avoid complicity in torture then comes into conflict with the doctor’s duty to care for patients. Sometimes the right thing for a doctor to do requires complicity in torture. Whether this is the case depends on: the expected consequences of the doctor’s actions; the wishes of the patient; and the extent of the doctor’s complicity with wrongdoing. Medical associations can support physicians who face this dilemma while maintaining a commitment to clear principles denouncing torture.
The Epistemology of Testimony: Introduction
Introduction: Our dependence on testimony is as deep as it is ubiquitous. We rely on the reports of others for our beliefs about the food we eat, the medicine we ingest, the products we buy, the geography of the world, discoveries in science, historical information, and many other areas that play crucial roles in both our practical and our intellectual lives. Even many of our most important beliefs about ourselves were learned at an earlier time from our parents and caretakers, such as the date of our birth, the identity of our parents, our ethnic backgrounds, and so on. Were we to refrain from accepting the testimony of others, our lives would be impoverished in startling and debilitating ways.
It takes two to tango: beyond reductionism and non-reductionism in the epistemology of testimony
Abstract: How precisely do we successfully acquire justified belief from either the spoken or written word of others? This question is at the center of the epistemology of testimony, and the current philosophical literature contains only two general options for answering it: reductionism and non-reductionism. While reductionists argue that testimonial justification is reducible to sense perception, memory, and inductive inference, non-reductionists maintain that testimony is just as basic epistemically as these other sources. This chapter challenges the current terms of the debate by, first, showing that there are serious problems afflicting both reductionism and non-reductionism and by, second, suggesting an alternate, hybrid, view of testimonial justification.
Moral consciousness and the ‘fact of reason’
Abstract: At the heart of the argument of the Critique of Practical Reason, one finds Kant’s puzzling and much-criticized claim that the consciousness of the moral law can be called a ‘fact of reason’. In this essay, I clarify the meaning and the importance of this claim. I correct misunderstandings of the term ‘Factum’, situate the relevant passages within their argumentative context, and argue that Kant’s argument can be given a consistent reading on the basis of which the main questions and criticisms can be answered.
Toleration in the Abortion Debate
Abstract: What methods, what strategies, is it defensible for us to employ when campaigning on a contentious moral issue? What kinds of intolerance may we legitimately manifest towards the opposition in our endeavour to win converts and influence opinion? Could we be justified in refusing on principle even to engage with the opposition in public debate? And what of the legitimacy of ‘playing’ on people’s emotions, or of not correcting misinformation put about by some of our supporters which helps our cause? Or, in making use of premises in argument that our opponents accept but we do not or, of appealing to arguments that we know to be invalid but by which the opposition may be taken in?
Is There a Place for Epistemic Virtues in Theory Choice?
Abstract: This paper challenges the appeal to theory virtues in theory choice as well as the appeal to the intellectual and moral virtues of an agent as determining unique choices between empirically equivalent theories. After arguing that theoretical virtues do not determine the choice of one theory at the expense of another theory, I argue that nor does the appeal to intellectual and moral virtues single out one agent, who defends a particular theory, and exclude another agent defending an alternative theory. I analyse Duhem’s concept of good sense and its recent interpretation in terms of virtue epistemology. I argue that the virtue epistemological interpretation does not show how good sense leads to conclusive choices and scientific progress.