Ethics and Political Philosophy Commons^™

Should The Law Convict Those Who Act From Conviction? Reflections On A Demands-Of-Conscience Criminal Defense, David Lefkowitz

Philosophy Faculty Publications

How should the judge or jury in a just criminal court treat a civil disobedient, someone who performs a conscientiously motivated communicative breach of the criminal law? Kimberley Brownlee contends that all else equal a court of law should neither convict nor punish such offenders. Though I agree with this conclusion, I contend that Brownlee mischaracterizes the nature of the criminal defense to which civil disobedients are entitled. Whereas Brownlee maintains that such actors ought to be excused for their criminal breach, I argue that they ought to enjoy a justification defense. Acts of civil disobedience are not (morally) wrongful …

Fish Lack The Brains And The Psychology For Pain, Stuart W.G. Derbyshire

Animal Sentience

Debate about the possibility of fish pain focuses largely on the fish’s lack of the cortex considered necessary for generating pain. That view is appealing because it avoids relatively abstract debate about the nature of pain experience and subjectivity. Unfortunately, however, that debate cannot be entirely avoided. Subcortical circuits in the fish might support an immediate, raw, “pain” experience. The necessity of the cortex only becomes obvious when considering pain as an explicitly felt subjective experience. Attributing pain to fish only seems absurd when pain is considered as a state of explicit knowing.

Pain And Other Feelings In Humans And Animals, Antonio Damasio, Hanna Damasio

Animal Sentience

Evidence from neuroanatomy, neurophysiology, and neuropsychology suggests that the experience of feelings in humans does not depend exclusively on structures of the cerebral cortex. It does not seem warranted to deny the possibility of feeling in animals on the grounds that their cerebral cortices are not comparable to those of humans.

Aggregating Moral Preferences, Matthew D. Adler

Faculty Scholarship

Preference-aggregation problems arise in various contexts. One such context, little explored by social choice theorists, is metaethical. “Ideal-advisor” accounts, which have played a major role in metaethics, propose that moral facts are constituted by the idealized preferences of a community of advisors. Such accounts give rise to a preference-aggregation problem: namely, aggregating the advisors’ moral preferences. Do we have reason to believe that the advisors, albeit idealized, can still diverge in their rankings of a given set of alternatives? If so, what are the moral facts (in particular, the comparative moral goodness of the alternatives) when the advisors do diverge? …

Ethical Considerations Facing The Regulation Of Self-Driving Cars In The United States, Richard Mancuso

CMC Senior Theses

Self-driving cars are here. Once an advanced technology that seemed futuristic, they are now closer than most believe. Many of the largest automobile manufacturers are working on autonomous vehicle technology of their own. Perhaps most well-known, though, are the cars being developed by Tesla and Google. Both companies have well-developed prototypes of fully autonomous vehicles, meaning they require no human input or supervision, and Tesla has promised widespread, consumer availability of this technology in the next one to two years.

Along with the availability of this technology to the public and transportation companies like Uber and Lyft, comes a need …

Nietzschean Ethics: One's Duty To Overcome, Emmanuel Hurtado

CMC Senior Theses

Abstract

In this paper, I will analyze Nietzsche’s argument for a moral error theory and examine the implications of his view. In order to arrive at the best possible interpretation I will heavily incorporate many passages from Nietzsche’s original works so that I can delve into a textual analysis of Nietzsche. Because Nietzsche is notoriously vague at times and often contradictory, I recognize that this is far from the only appropriate interpretation. However, I hope that it is one which has at least some intuitive appeal. Eventually, I hope to prove that despite his rejection of moral truths, Nietzsche’s theory …

A Kantian Revision Of The Doctrine Of Double Effect, Andrew H. Chung

CMC Senior Theses

In this paper, I will present a Kantian revision of the Doctrine of Double Effect (DDE). In order to do so, I will explain the concept of jus in bello – focusing in particular on the distinction between intent and foresight. I will then argue that we ought to take an agency-inspired look at the DDE. Finally, I will conclude by arguing for my thesis that Boyle’s theory of agency, while good, needs to be revised in order to accommodate concerns stemming from Kant’s Formula of Humanity… namely consent.

Practical Paradise: Ethics For A Modern Age, Anthony P. Davanzo

CMC Senior Theses

This play demonstrates an interpretation of Nietzsche's philosophy in practice. The main character experiences loss and confusion, however, through this struggle arrives at a discovery of profound truth. If you've ever wondered how to live your life in the best way possible, the main character believes he's found the answer.

The Modern Administrative State: Why We Have ‘Big Government’ And How To Run And Reform Bureaucratic Organizations, Sean Y. Sakaguchi

CMC Senior Theses

This work asserts that bureaucratic organization is not only an inevitable part of the modern administrative state, but that a high quality bureaucracy within a strongly empowered executive branch is an ideal mechanism for running government in the modern era. Beginning with a philosophical inquiry into the purpose of American government as we understand it today, this paper responds to criticisms of the role of expanded government and develops a framework for evaluating the quality of differing government structures. Following an evaluation of the current debate surrounding bureaucracies (from both proponents and critics), this thesis outlines the lessons and principles …

Linking Animal Ethics And Animal Welfare Science, Sue Donaldson, Will Kymlicka

Animal Sentience

Broom (2014) argues that theories of animal ethics need to be better informed by the findings of animal welfare science. We agree, but argue that animal welfare science in turn may need to ask different questions. To date it has largely assumed that society will continue to treat domesticated animals as a caste group that exists to serve us, and that animal welfare is to be improved within that legal and political framework. We offer an alternative model of human-animal relations, and discuss what kind of animal welfare science it would require.

Fish Pain: A Painful Topic, Carl Safina

Animal Sentience

If fish cannot feel pain, why do stingrays have purely defensive tail spines that deliver venom? Stingrays’ ancestral predators are fish. And why do many fishes possess defensive fin spines, some also with venom that produces pain in humans? These things did not evolve just in case sentient humans would evolve millions of years later and then invent scuba. If fish react purely unconsciously to “noxious” stimuli, why aren’t sharp jabbing spines enough? Why also stinging venom?

How Welfare Biology And Commonsense May Help To Reduce Animal Suffering, Yew-Kwang Ng

Animal Sentience

Welfare biology is the study of the welfare of living things. Welfare is net happiness (enjoyment minus suffering). Since this necessarily involves feelings, Dawkins (2014) has suggested that animal welfare science may face a paradox, because feelings are very difficult to study. The following paper provides an explanation for how welfare biology could help to reduce this paradox by answering some difficult questions regarding animal welfare. Simple means based on commonsense could reduce animal suffering enormously at low or even negative costs to humans. Ways to increase the influence of animal welfare advocates are also discussed, focusing initially on farmed …

Why Animal Welfarism Continues To Fail, Lori Marino

Animal Sentience

Welfarism prioritizes human interests over the needs of nonhuman animals. Despite decades of welfare efforts other animals are mostly worse off than ever before, being subjected to increasingly invasive and harmful treatments, especially in the factory farming and biomedical research areas. A legal rights-based approach is essential in order for other animals to be protected from the varying ethical whims of our species.

A Moral Problem For Difficult Art, Antony Aumann

Journal Articles

Works of art can be difficult in several ways. One important way is by making us face up to unsettling truths. Such works typically receive praise. I maintain, however, that sometimes they deserve moral censure. The crux of my argument is that, just as we have a right to know the truth in certain contexts, so too we have a right not to know it. Provided our ignorance does not harm or seriously endanger others, the decision about whether to know the truth ought to be left to us. Within this limit, therefore, difficult art is morally problematic if it …

Armed Drones: An Age Old Problem Exacerbated By New Technology, Grant H. Frazier

Pomona Senior Theses

The purpose of this thesis is to examine the history behind and the use of militarized drones in modern day conflicts, and to conclude whether the use of these machines, with special attention to the United States, is legal, ethical, and morally defensible. In achieving the aforementioned goals, shortcomings of current policy surrounding drone warfare will be highlighted, acting as the catalyst for a proposal for changes to be made to better suit legal, ethical, and moral considerations. The proposal of a policy to help us work with armed drones is due to the fact that this thesis acknowledges that …

Understanding Emotional Suffering, Barbara J. King

Animal Sentience

In responding to insightful commentaries from 7 scholars, for which I am grateful, I offer new thoughts on whether animals can conceptualize and express signs of grief. I also discuss why I included both weak and strong examples of animal mourning, and how this work may help us think about enhanced welfare for animals, including freedom from emotional suffering.

Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian Mccall

Faculty Articles

Throughout history, some have questioned whether the authority exercised by some over others is consistent with human nature. Is it possible for a law made by one human being to bind the conscience of another, or is such a claim merely tyranny? If such a power to bind to laws made by humans is justified, what is its scope? The answers to these related questions explored in this Article are both descriptive and normative. This Article explains the nature of authority and the extent of the obligation to obey the law as well as explains how the architecture of natural …

Pain In Parallel, Peter Godfrey-Smith

Animal Sentience

Key's (2016) arguments against the view that fish feel pain can be shown to be fallacious by considering some damage-related behaviors in invertebrates. Pain may have different neural bases in different organisms, so the absence in fish of the cortical structures that might underlie pain in mammals does not settle the question of fish pain.

Cortex Necessary For Pain — But Not In Sense That Matters, Adam J. Shriver

Animal Sentience

Certain cortical regions are necessary for pain in humans in the sense that, at particular times, they play a direct role in pain. However, it is not true that they are necessary in the more important sense that pain is never possible in humans without them. There are additional details from human lesion studies concerning functional plasticity that undermine Key’s (2016) interpretation. Moreover, no one has yet identified any specific behaviors that mammalian cortical pain regions make possible that are absent in fish.

Fish And Pain: The Politics Of Doubt, Dinesh Joseph Wadiwel

Animal Sentience

The commentaries on Key’s (2016) target article make it clear that there is a great deal of doubt about Key’s thesis that fish do not feel pain. The political question therefore is about how we should respond to doubt. If the thesis of Key and others (that fish do not feel pain) is wrong, then the negative impact for fish in terms of suffering caused by human utilisation would be extreme. In the face of this doubt, the very least we can do is to adopt basic welfare precautions to mitigate the potential impact if fish do suffer, with attention …

Falsifying The Null Hypothesis That “Fish Do Not Feel Pain", Brian Key

Animal Sentience

The reader of Animal Sentience may surmise that because the weight of the commentaries on my target article, “Why fish do not feel pain,” is leaning towards not supporting my argument, it follows that the premise "fish do not feel pain" is incorrect. However, science does not prevail by popular opinion. History is plagued with numerous (and often widely accepted) examples of biological phenomena being explained by mysterious forces. In the absence of a mechanistic understanding, the many different guises of vitalism (the principle that life involves a vital energy) are often invoked to explain the unknown. Spurious …

Antithetical Commentaries On X, Y And The Disruption Of Being, Eva Rocha

Theses and Dissertations

Through discursive essays and poetic narrative, Antithetical Commentaries on X, Y and the Disruption of Being explores the tenuous relationship between modes of measurement and the struggle for human relevance in the post-contemporary digital age. In the introductory essay, “Not the Feather, but the Bird”, I give an overview of the inherent problems of object-oriented ontology, and how it relates to aesthetics and social issues of our times. In the Developmental Overview, I detail how I developed my installation approach and techniques, particularly with regard to the three-way dynamic of the artist:work:viewer relationship and how it can encourage …

The Somewhere We Wish Were Nowhere: Dystopian Realities And (Un)Democratic Imaginaries, Benjamin B. Taylor

Senior Independent Study Theses

How do political practices influence mass culture? Conversely, how does mass culture influence political practice? This project addresses these questions by turning to the concepts of utopia and dystopia. Imagined utopic and dystopic visions express both the hopes and anxieties of the societies producing them. Dystopias also highlight the mechanisms of power that function within particular social orders. Through readings of Lois Lowry’s The Giver and Phillip K. Dick’s Do Androids Dream of Electric Sheep?, I demonstrate how utopia and dystopia function and how we can respond to dystopic realities by theorizing solutions that are more conducive to the …

Animal Mourning: Précis Of How Animals Grieve (King 2013), Barbara J. King

Animal Sentience

Abstract: When an animal dies, that individual’s mate, relatives, or friends may express grief. Changes in the survivor’s patterns of social behavior, eating, sleeping, and/or of expression of affect are the key criteria for defining grief. Based on this understanding of grief, it is not only big-brained mammals like elephants, apes, and cetaceans who can be said to mourn, but also a wide variety of other animals, including domestic companions like cats, dogs, and rabbits; horses and farm animals; and some birds. With keen attention placed on seeking where grief is found to occur and where it is absent …

Death In The Family, Maria Botero

Animal Sentience

Barbara King presents grief as the result of the capacity of human and non-human animals for social and affectionate bonds. This is a novel approach that provides a context for interpreting behavioral evidence of grief. The book also offers thought-provoking insights into the relationship between emotion and the expression of emotion. The most surprising element of King’s approach is that, throughout the book, her account of non-human animal grief forces us to reassess the way we treat them.

Considering Animals’ Feelings: Précis Of Sentience And Animal Welfare (Broom 2014), Donald M. Broom

Animal Sentience

The concept of sentience concerns the capacity to have feelings. There is evidence for sophisticated cognitive concepts and for both positive and negative feelings in a wide range of nonhuman animals. All vertebrates, including fish, as well as some molluscs and decapod crustaceans have pain systems. Most people today consider that their moral obligations extend to many animal species. Moral decisions about abortion, euthanasia, and the various ways we protect animals should take into account the research findings about sentience. In addition, all animal life should be respected and studies of the welfare of even the simplest invertebrate animals should …

Is Sentience Only A Nonessential Component Of Animal Welfare?, Ian J.H. Duncan

Animal Sentience

According to Broom (2014), animal welfare is a concept that can be applied to all animals, including single-celled organisms that are obviously not sentient. Such a stance makes it difficult to draw a connection between welfare and sentience, and that is the book’s downfall. Some excellent points are made about sentience and there are very good discussions on animal welfare. However, unless sentience is considered the essential component of welfare, any attempt to link the two phenomena will be unsuccessful — and that, indeed, is the case with this book.

Sentience And Animal Welfare: New Thoughts And Controversies, Donald M. Broom

Animal Sentience

Sentience involves having some degree of awareness but awareness of self is not as complex as some people believe. Fully functioning vertebrate animals, and some invertebrates, are sentient but neither humans nor non-humans are sentient early in development or if brain-damaged. Feelings are valuable adaptive mechanisms and an important part of welfare but are not all of welfare so the term welfare refers to all animals, not just to sentient animals. We have much to learn about what non-human animals want from us, the functioning of the more complex aspects of their brains and of our brains and how we …

Why Fish Do Not Feel Pain, Brian Key

Animal Sentience

Only humans can report feeling pain. In contrast, pain in animals is typically inferred on the basis of nonverbal behaviour. Unfortunately, these behavioural data can be problematic when the reliability and validity of the behavioural tests are questionable. The thesis proposed here is based on the bioengineering principle that structure determines function. Basic functional homologies can be mapped to structural homologies across a broad spectrum of vertebrate species. For example, olfaction depends on olfactory glomeruli in the olfactory bulbs of the forebrain, visual orientation responses depend on the laminated optic tectum in the midbrain, and locomotion depends on pattern generators …

Why Human Pain Can’T Tell Us Whether Fish Feel Pain, Victoria A. Braithwaite, Paula Droege

Animal Sentience

In his target article, Key (2016) reviews the neuroanatomy of human pain and uses what is known about human pain to argue that fish cannot experience pain. We provide three reasons why the conclusions reached by Key are unsupported. They consider (i) why it is not sufficient to conclude that only human neural structures can process conscious pain, (ii) why an understanding of pain in humans and non-human animals needs to be based within a framework of consciousness, and (iii) evidence already exists that fish treated with noxious stimuli lose the ability to perform normal behaviours: This was a behavioral …