Units 1 and 2 PHIL 165

What is the central argument of Mill's utilitarianism?

Happiness is the ultimate good and the standard for moral evaluation.

What are the two main claims of Mill's utilitarianism?

Value Claim: Happiness is the ultimate good; Conduct Claim: The ultimate good sets the standard for moral evaluation.

What does it mean for an argument to be valid?

An argument is valid if the truth of the premises guarantees the truth of the conclusion.

What is soundness in an argument?

An argument is sound if it is valid and has true premises.

What is the guiding thought behind Mill's Value Claim?

If happiness is desired for its own sake, then it is desirable for its own sake.

What is the Principle of Utility?

The principle that actions are right if they promote the general happiness.

What is the significance of the aggregation step in Mill's argument?

It shows that individual happiness contributes to the general happiness, making it desirable for its own sake.

What is Kant's view on moral duty?

Moral duty is a rule that constrains our actions, imposed by the moral law.

What defines a good will according to Kant?

A good will is motivated purely by the moral law and acts out of respect for duty.

What are hypothetical imperatives?

Rules that dictate actions based on desired outcomes, e.g., 'If you want X, do Y'.

What is the difference between acting in accordance with duty and acting out of respect for duty?

Acting in accordance with duty follows the rules, while acting out of respect for duty is motivated by moral obligation.

What are maxims in Kantian moral theory?

Maxims are the principles or policies underlying our intentional actions.

What is the highest good according to Kant?

The highest good is the good will, which is determined by the moral law.

What are two objections to utilitarianism?

1. Our intentions are morally irrelevant; 2. There would be no categorical moral prohibitions.

What does Kant argue is necessary for an action to be morally right?

An action must be performed out of respect for moral duty.

What is the role of intentions in Kant's moral theory?

Intentions are crucial as they determine whether an action is performed out of respect for duty.

What does Mill need to prove for the Value Claim to be true?

He must show that happiness is good in itself and the only thing that is good in itself.

How does Mill argue that general happiness is desirable?

He argues that the general happiness is the aggregate of individual happinesses.

What is the significance of the moral law in Kant's theory?

The moral law constrains actions and determines the moral status of actions.

What is the main focus when reading philosophical texts according to the notes?

To figure out the author's argument and how the pieces fit together.

What is the purpose of outlining readings in philosophy?

To put the author's thoughts into your own words and clarify the argument structure.

What is the relationship between happiness and other desires according to Mill?

Other desires are valued because they contribute to happiness; happiness is desired for its own sake.

What does Kant mean by 'duty is the necessity of an action from respect for the law'?

It means that moral actions are those performed out of respect for moral law, not for personal gain.

What is the consequence of Mill's argument if both claims are true?

It establishes that happiness is the ultimate moral standard.

What is the central task in reading philosophy as mentioned in the notes?

To understand the author's argument and how the components connect.

What are the two kinds of imperatives according to Kant?

Hypothetical Imperatives and Categorical Imperatives.

What is a Hypothetical Imperative?

A rule like 'If you want X, do Y', which can be ignored by not desiring X.

What characterizes a Categorical Imperative?

It is exceptionless and applies equally to all rational creatures.

What is the supreme Categorical Imperative according to Kant?

It fully expresses the moral law and all that it requires of us.

What is the Formula of Universal Law?

Act only in that maxim whereby thou canst at the same time will that it should become a universal law.

What is the Contradiction Test?

It checks if a maxim undermines itself when universalized.

Give an example of a failure of the Contradiction Test.

Telling a lying promise; if everyone lied, no one would trust promises.

What is the Will Test?

It assesses whether one can coherently will a world where the maxim is followed.

What is the Formula of Humanity?

Act only on maxims that treat yourself and others as ends in themselves, not merely as means.

What does Kant say about rational creatures?

They have inviolable dignity and rights that demand respect.

What is the desire objection to Marquis's position on abortion?

It argues that killing is wrong because it interferes with the fundamental desire to remain alive, and fetuses lack desires.

How does Marquis respond to the desire objection?

He argues that even severely disabled or unconscious beings have a future of value, making killing wrong.

What is the valuer objection?

It claims that only entities that value something have a future of value, and fetuses do not value anything.

How does Marquis counter the valuer objection?

He states that the same applies to infants and severely disabled individuals, yet killing them is still wrong.

What is the contraception objection?

It argues that if depriving an entity of a future of value is wrong, then contraception must also be wrong.

How does Marquis respond to the contraception objection?

He clarifies that contraception prevents the existence of an entity that could be deprived of a future of value.

What is a surrogate in the context of surrogacy?

A person who gestates a fetus for another party and relinquishes the baby at birth.

What are the two types of surrogacy?

Traditional surrogacy and gestational surrogacy.

What distinguishes gestational surrogacy from traditional surrogacy?

In gestational surrogacy, the surrogate is not genetically related to the baby.

What are commercial surrogacies?

Surrogacies that involve an exchange of money between the surrogate and other parties.

What are altruistic surrogacies?

Surrogacies performed for the sake of another party without payment.

What ethical issues surround commercial surrogacy?

Commodification of women's labor, commodification of children, and exploitation of vulnerable women.

What is Anderson's argument against commercial surrogacy?

It involves the morally impermissible commodification of women and children.

What is the role of the gestational mother?

The person who carries and gives birth to the child.

What is the difference between a genetic mother and a social mother?

The genetic mother contributes the egg, while the social mother rears the child after birth.

What does Kant's moral law require regarding actions?

It requires that actions respect the dignity and rights of all rational beings.

What is the primary focus of Kant's ethical framework?

The respect for moral law and the inherent dignity of individuals.

What is a market?

A space for the exchange of goods and services in return for payment, governed by social and legal norms.

What is commodification?

The improper application of market norms to items or services for which those norms are inappropriate.

According to Anderson, why is commodification wrong?

It fails to properly respect the value of the item, service, or entity being commodified.

What are two examples of relationships that should not be commodified according to Anderson?

Friendship and the parent-child relationship.

What does Anderson argue commercial surrogacy commodifies?

Children and women (surrogates) along with their labor.

What is one way commercial surrogacy degrades children?

By treating children as property.

What is alienation in the context of surrogacy?

It compels a surrogate to suppress the emotional bond with the child she carries.

What does degradation refer to in Anderson's argument?

The failure to acknowledge the deep emotional changes a surrogate undergoes during pregnancy.

What is exploitation in the context of surrogacy?

Taking advantage of the emotional and financial vulnerability of surrogates.

What conclusion does Anderson reach about commercial surrogacy?

It is degrading and should be illegal.

What is the upshot of Anderson's argument?

Proper respect for the dignity of children and women renders commercial surrogacy impermissible.

What is the paternalistic model of the physician-patient relationship?

A model where physicians make treatment decisions with little input from patients, based on the belief that 'the doctor knows best.'

What are the two assumptions underlying the paternalistic model?

1) There are universal criteria for the best treatment, and 2) Patient consent is not crucial.

What is a consent-and-trust-based model?

A model that emphasizes informed consent and mutual trust between physicians and patients.

What is the informative model of the physician-patient relationship?

Physicians provide all relevant information and implement the treatment patients choose based on their values.

What is the interpretive model?

The physician helps patients identify their values and preferences to align treatment with their well-being.

What is the deliberative model?

The physician helps patients make the best treatment decision, potentially persuading them about values for their benefit.

What are some pros of the deliberative model?

It respects autonomy and allows for physician guidance on health-relevant values.

What are some cons of the deliberative model?

It requires physicians to make value judgments, which may conflict with patients' values.

What is the goal of the next class in PHIL 165?

To continue the discussion on informed consent, autonomy, and competence.

What is informed consent?

Consent that is based on comprehension of all relevant information, given voluntarily by a competent agent.

What are the four components of informed consent?

Consent, informedness, voluntariness, and competence.

What historical events emphasized the importance of informed consent in research?

The Nuremberg Code (1947) and the National Research Act (1974) following the Tuskegee Syphilis Study.

What is the psychological component of consent?

It involves a mental state of acquiescence to interference by another.

What is the behavioral component of consent?

It involves a behavioral indication that one is in a mental state of acquiescence, typically through conversation and signing forms.

What is required for consent to be considered informed?

The person must be provided with all relevant information and must comprehend that information.

What does voluntariness in informed consent mean?

Consent must be given without coercion and in a legitimate choice scenario.

How is competence defined in the context of informed consent?

An agent is competent if their rational faculties are in good working order, meaning they are conscious and not impaired.

Why is respecting informed consent important?

It respects autonomy, establishes trust, and protects patients from potential harms.

What are some grounds for the requirement of informed consent according to philosophers?

Respect for autonomy, self-determination, liberty, privacy, dignity, and utilitarian considerations.

What is the distinction between privacy and autonomy?

Privacy is control over personal information, while autonomy is the capacity to reflect on and make decisions about one's preferences.

What is the concept of weak therapeutic privilege?

Withholding information that a physician believes would prevent a patient from making an autonomous decision.

What are the four possible exceptions to informed consent discussed by Dworkin?

Emergency, incompetence, waiver, and therapeutic privilege.

What does Dworkin argue about treating patients in emergencies?

Treating patients without consent in emergencies can promote long-term autonomy.

What is the implication of treating incompetent patients without informed consent?

It is permissible because their autonomy is already compromised due to their condition.

What does it mean for a patient to waive their right to informed consent?

The patient voluntarily chooses not to be informed about their condition or treatment options.

What is therapeutic privilege?

The decision to withhold information from a patient if disclosing it would cause harm.

What is the primary focus of Dworkin's theory on informed consent?

Respecting autonomy as the foundation for the requirement of informed consent.

What is the role of trust in the patient-physician relationship regarding informed consent?

Trust is established through obtaining informed consent, which fosters a better relationship.

What does autonomy entail in the context of informed consent?

The ability to make informed decisions about treatment options based on personal preferences and values.

What is the significance of the Nuremberg Code?

It established ethical standards for research involving human subjects, emphasizing the need for informed consent.

What is the National Research Act?

A law enacted in 1974 that reinforced the requirement for informed consent in research involving human subjects.

How does informed consent relate to the concept of self-determination?

Informed consent ensures that patients can make decisions that align with their own values and beliefs.

What is the relationship between informed consent and patient protection?

Informed consent mitigates risks of harm from overzealous or unethical medical practices.

What is the importance of comprehension in informed consent?

Patients must understand the information provided to make informed decisions about their care.

What does the term 'competent agent' refer to in informed consent?

An individual who has the mental capacity to understand and make decisions regarding their medical treatment.

What is weak therapeutic privilege?

Withholding information a physician believes would render the patient unable to make an autonomous decision.

What is strong therapeutic privilege?

Withholding information a physician believes would lead a patient to autonomously make the wrong decision.