Abstract: In this paper I introduce a version of constructivism that relies on a theory of practical wisdom. Wise judgment constructivism is a type of constructivism because it takes correct judgments about what we have “all-in” reason to do to be the result of a process we can follow, where our interest in the results of this process stems from our practical concerns. To fully defend the theory would require a comprehensive account of wisdom, which is not available. Instead, I describe a constructivist methodology for defending an account of wisdom and outline its main features. This gives us enough to see what wise judgment constructivism would look like, why it might be an attractive theory, and how it is different from other versions of constructivism.
The Intentional Termination of Life
Content: Steinbock argues that cessation of treatment can be for reasons other than the ending of life, specifically respecting a patient’s right to refuse treatment and when treatment would not be a net benefit. She concludes that the AMA can consistently reject intentional killing and hold that it is sometimes permissible to withdraw treatment without relying on the controversial passive/active euthanasia distinction.
Hypothetical Consent and Justification
Introduction: The social-contract tradition in moral and political thought can be loosely characterized as an approach to justification based on the idea of rational agreement. This tradition contains a variety of theories that are put to a number of uses. My exclusive focus here will be contract views that rely upon hypothetical, as opposed to actual, consent. My main objective is to defend hypothetical-consent theories against what I call the standard indictment: the claim that hypothetical consent cannot give rise to obligation. I begin by explaining the standard indictment in more detail; next, I argue that the standard indictment does not apply to moral, as contrasted with, political contractarianism; finally, I argue that, on a certain understanding of the relation between political legitimacy and political obligation, the standard indictment does not count against political contractarianism.
Gender and Race: (What) Are They? (What) Do We Want Them To Be?
Abstract: This paper proposes social constructionist accounts of gender and race. The focus of the inquiry–inquiry aiming to provide resources for feminist and antiracist projects–are the social positions of those marked for privilege or subordination by observed or imagined features assumed to be relevant to reproductive function, or geographical origins. I develop these ideas and propose that other gendered and racialized phenomena are usefully demarcated and explained by reference to these social positions. In doing so, I address the concern that attempts to define race or gender are misguided because they either assume a false commonality or marginalize some members of the group in question.
A Theory of Political Obligation: Membership, Commitment and the Bonds of Society
Publisher: Does one have special obligations to support the political institutions of one’s own country precisely because it is one’s own? In short, does one have political obligations? This book argues for an affirmative answer, construing one’s country as a political society of which one is a member, and a political society as a special type of social group. The obligations in question are not moral requirements derived from general moral principles. They come, rather, from one’s participation in a special kind of commitment: a joint commitment. This theory is referred to as the plural subject theory of political obligation since, by the author’s definition, those who are party to any joint commitment constitute a plural subject of some action in a broad sense of the term. Several alternative theories are compared and contrasted with plural subject theory, with a particular focus on the most famous — actual contract theory — according to which membership in a political society is a matter of participation in an agreement. The book offers plural subject accounts of both social rules and everyday agreements, and includes discussion of political authority and punishment.
Intuition, Theory and Anti-Theory in Ethics
Publisher: What form, or forms, might ethical knowledge take? In particular, can ethical knowledge take the form either of moral theory, or of moral intuition? If it can, should it? These are central questions for ethics today, and they are the central questions for the philosophical essays collected in this volume. Intuition, Theory, and Anti-Theory in Ethicsdraws together new work by leading experts in the field, in order to represent as many different perspectives on the discussion as possible. The volume is not built upon any kind of tidy consensus about what ‘knowledge’, ‘theory’, and ‘intuition’ mean. Rather, the idea is to explore as many as possible of the different things that knowledge, theory, and intuition could be in ethics.
Why Naive Realism
Abstract: Much of the discussion of Naive Realism about veridical experience has focused on a consequence of adopting it—namely, disjunctivism about perceptual experience. However, the motivations for being a Naive Realist in the first place have received relatively little attention in the literature. In this paper, I will elaborate and defend the claim that Naive Realism provides the best account of the phenomenal character of veridical experience.
Good News for the Disjunctivist about (one of) the Bad Cases
Abstract: Many philosophers are skeptical about disjunctivism—a theory of perceptual experience which holds roughly that a situation in which I see a banana that is as it appears to me to be (the good case) and one in which I have a hallucination as of a banana (a certain kind of bad case) are mentally completely different. Often this skepticism is rooted in the suspicion that such a view cannot adequately account for the bad case—in particular, (i) that such a view cannot explain why what it’s like to have a hallucination can be exactly like what it’s like to have a veridical experience, (ii) that it cannot explain why the hallucination I have in the bad case is subjectively indistinguishable from the kind of experience I have in the good case, and (iii) that it cannot offer a viable account of the nature of hallucination. In this paper, I argue that a proper formulation of disjunctivism can avoid these objections. Disjunctivism should be formulated as the weakest claim required to preserve its primary motivation, viz., Naïve Realism—the view that veridical experience fundamentally consists in the subject perceiving entities in her environment. And the weakest claim required to preserve Naïve Realism allows for many sorts of commonalities across the good and hallucinatory cases, commonalities that can be marshaled in responding to the objections. Most importantly, disjunctivism properly formulated is compatible with “positive” accounts of the nature of hallucination (as against M.G.F. Martin’s widely accepted argument to the contrary).
From Nuremberg to Guantánamo: Medical Ethics Then and Now
Abstract: On October 25, 1946, three weeks after the International Military Tribunal at Nuremberg entered its verdicts, the United States established Military Tribunal I for the trial of twenty-three Nazi physicians. The charges, delivered by Brigadier General Telford Taylor on December 9, 1946, form a seminal chapter in the history of medical ethics and, specifically, medical ethics in war. The list of noxious experiments conducted on civilians and prisons of war, and condemned by the Tribunal as war crimes and as crimes against humanity, is by now more or less familiar. That list included: high-altitude experiments; freezing experiments; malaria experiments; sulfanilamide experiments; bone, muscle, and nerve regeneration and bone transplantation experiments; sea water experiments; jaundice and spotted fever experiments; sterilization experiments; experiments with poison and with incendiary bombs. What remains less familiar is the moral mindset of doctors and health care workers who plied their medical skill for morally questionable uses in war. In his 1981 work, The Nazi Doctors, Robert Jay Lifton took up that question, interviewing doctors, many of whom for forty years continued to distance themselves psychologically from their deeds. The questions about moral distancing Lifton raised (though not the questions about criminal experiments) have immediate urgency for us now. Military medical doctors, psychiatrists and psychologists serve in U.S. military prisons in Guantánamo, Abu Ghraib, Kandahar, and, until very recently, in undisclosed CIA operated facilities around the world where medical ethics are again at issue. Moreover, they serve in top positions in the Pentagon, as civilian and military heads of command, who pass orders and regulations to military doctors in the field, and who are in charge of the health of enemy combatants, as well as U.S. soldiers. Because we recently marked the sixtieth anniversary of the judgment at Nuremberg, I want to awaken our collective memory to the ways in which doctors in war, even in a war very different from the one the Nazis fought, can insulate themselves from their moral and professional consciences.
Challenging the Rhetoric of Choice in Prenatal Screening
Abstract: Prenatal screening, consisting of maternal serum screening and nuchal translucency screening, is on the verge of expansion, both by being offered to more pregnant women and by screening for more conditions. The Society of Obstetricians and Gynaecologists of Canada and the American College of Obstetricians and Gynecologists have each recently recommended that screening be extended to all pregnant women regardless of age, disease history, or risk status. This screening is commonly justified by appeal to the value of autonomy, or women’s choice. In this paper, I critically examine the value of autonomy in the context of prenatal screening to determine whether it justifies the routine offer of screening and the expansion of screening services. I argue that in the vast majority of cases the option of prenatal screening does not promote or protect women’s autonomy. Both a narrow conception of choice as informed consent and a broad conception of choice as relational reveal difficulties in achieving adequate standards of free informed choice. While there are reasons to worry that women’s autonomy is not being protected or promoted within the limited scope of current practice, we should hesitate before normalizing it as part of standard prenatal care for all.