Podcast: Justifications for Non-Consensual Medical Intervention: From Infectious Disease Control to Criminal Rehabilitation

Dr Jonathan Pugh’s St Cross Special Ethics Seminar on 12 November 2015 is now available at

Speaker: Dr Jonathan Pugh

Although a central tenet of medical ethics holds that it is permissible to perform a medical intervention on a competent individual only if that individual has given informed consent to that intervention, there are some circumstances in which it seems that this moral requirement may be trumped. For instance, in some circumstances, it might be claimed that it is morally permissible to carry out certain sorts of non-consensual interventions on competent individuals for the purpose of infectious disease control (IDC). In this paper, I shall explain how one might defend this practice, and consider the extent to which similar considerations might be invoked in favour of carrying out non-consensual medical interventions for the purposes of facilitating rehabilitation amongst criminal offenders. Having considered examples of non-consensual interventions in IDC that seem to be morally permissible, I shall describe two different moral frameworks that a defender of this practice might invoke in order to justify such interventions. I shall then identify five desiderata that can be used to guide the assessments of the moral permissibility of non-consensual IDC interventions on either kind of fundamental justification. Following this analysis, I shall consider how the justification of non-consensual interventions for the purpose of IDC compares to the justification of non-consensual interventions for the purpose of facilitating criminal rehabilitation, according to these five desiderata. I shall argue that the analysis I provide suggests that a plausible case can be made in favour of carrying out certain sorts of non-consensual interventions for the purpose facilitating rehabilitation amongst criminal offenders.

Guest Post: “Gambling should be fun, not a problem”: why strategies of self-control may be paradoxical.

Written by Melanie Trouessin

University of Lyon

gamblingFaced with issues related to gambling and games of chance, the Responsible Gambling program aims to promote moderate behaviour on the part of the player. It is about encouraging risk avoidance and offering self-limiting strategies, both temporal and financial, in order to counteract the player’s tendency to lose self-control. If this strategy rightly promotes individual autonomy, compared with other more paternalist measures, it also implies a particular position on the philosophical question of what is normal and what is pathological: a position of continuum. If we can subscribe in some measures of self-constraint in order to come back to a responsible namely moderate and controlled gambling, it implies there is not a huge gulf or qualitative difference between normal gaming and pathological gambling. Continue reading

Why It’s OK to Block Ads

Over the past couple of months, the practice of ad blocking has received heightened ethical scrutiny. (1,2,3,4)

If you’re unfamiliar with the term, “ad blocking” refers to software—usually web browser plug-ins, but increasingly mobile apps—that stop most ads from appearing when you use websites or apps that would otherwise show them.

Arguments against ad blocking tend to focus on the potential economic harms. Because advertising is the dominant business model on the internet, if everyone used ad-blocking software then wouldn’t it all collapse? If you don’t see (or, in some cases, click on) ads, aren’t you getting the services you currently think of as “free”—actually for free? By using ad-blocking, aren’t you violating an agreement you have with online service providers to let them show you ads in exchange for their services? Isn’t ad blocking, as the industry magazine AdAge has called it, “robbery, plain and simple”? Continue reading

Guest Post: A feminist defence of the nanny state

Written by Anke Snoek

Macquarie University

In Australia Senator David Leyonhjelm has won support for a broad-ranging parliamentary inquiry into what he calls the ‘nanny state’. A committee will test the claims of public health experts about bicycle helmets, alcohol laws, violent video games, the sale and use of alcohol, tobacco and pornography. “If we don’t wind back this nanny state, the next thing you know they’ll be introducing rules saying that you’ll need to have a fresh hanky and clean underpants”. Continue reading

Guest Post: Prostitution, harm, and disability: Should only people with disabilities be allowed to pay for sex?

* Note that this entry is being cross-posted at the Journal of Medical Ethics blog.

By Brian D. Earp


Is prostitution harmful? And if it is harmful, should it be illegal to buy (or sell) sexual services? And if so, should there ever be any exceptions? What about for people with certain disabilities—say—who might find it difficult or even impossible to find a sexual partner if they weren’t allowed to exchange money for sex? Do people have a “right” to sexual fulfillment? Continue reading

Do I have a right to access my father’s genetic account?

 Written By: Roy Gilbar, Netanya Academic College, Israel, and Charles Foster

In the recent case of ABC v St. George’s Healthcare NHS Trust and others,1 [] a High Court judge decided that:

(a) where the defendants (referred to here jointly as ‘X’) knew that Y, a prisoner,  was suffering from Huntingdon’s Disease (‘HD’); and

(b) X knew that Y had refused permission to tell Y’s daughter, Z (the claimant), that he had HD (and accordingly that there was a 50% chance that Z had it (and that if Z had it there was, correspondingly, a 50% chance that the fetus she was then carrying would have HD),

X had no duty to tell Z that Y was suffering from HD. Z said that if she had known of Y’s condition, she would have had an abortion. Continue reading

Born this way? How high-tech conversion therapy could undermine gay rights

By Andrew Vierra, Georgia State University and Brian D Earp, University of Oxford

This article was originally published on The Conversation.
Read the 
original article.


Following the death of 17-year-old Leelah Alcorn, a transgender teen who committed suicide after forced “conversion therapy,” President Barack Obama called for a nationwide ban on psychotherapy aimed at changing sexual orientation or gender identity. The administration argued that because conversion therapy causes substantial psychological harm to minors, it is neither medically nor ethically appropriate.

We fully agree with the President and believe that this is a step in the right direction. Of course, in addition to being unsafe as well as ethically unsound, current conversion therapy approaches aren’t actually effective at doing what they claim to do – changing sexual orientation.

But we also worry that this may be a short-term legislative solution to what is really a conceptual problem.

The question we ought to be asking is “what will happen if and when scientists do end up developing safe and effective technologies that can alter sexual orientation?”

Continue reading

My Brain Made Me Do It — So What?

By Professor Walter Sinnott-Armstrong

Duke University


Vijeth: Where were you? You promised to drive me to the airport, but you never showed up, and I missed my flight. You haven’t even said sorry. Why did you let me down?

Felipe: I watched a movie instead.  It was a romantic comedy. Don’t be angry with me.

Vijeth: You watched a movie! What kind of excuse is that?

Felipe: It’s the newest kind, a neural excuse.  I really wanted to watch the movie, and my desires are lodged in my brain, so my brain made me do it. Continue reading

On the supposed distinction between culture and religion: A brief comment on Sir James Munby’s decision in the matter of B and G (children)

On the supposed distinction between culture and religion: A brief comment on Sir James Munby’s decision in the matter of B and G (children)

By Brian D. Earp (@briandavidearp)


What is the difference between ‘culture’ and ‘religion’ … ? From a legal standpoint, this question is important: practices which may be described as being ‘religious’ in nature are typically afforded much greater protection from interference by the state than those that are understood as being ‘merely’ cultural. One key area in which this distinction is commonly drawn is with respect to the non-therapeutic alterations of children’s genitals. When such alteration is done to female children, it is often said to be a ‘cultural’ practice that does not deserve legal protection; whereas, when it is done to male children, it is commonly said to be a ‘religious’ practice – at least for some groups – and must therefore not be restricted (much less forbidden) by law.

Is this a valid distinction?

Continue reading

What are the ethics of using brain stimulation technologies for ‘enhancement’ in children?

New open access publication: announcement:

In a recently published article, Hannah Maslen, Roi Cohen Kadosh, Julian Savulescu and I present an argument about the permissible (and not-so-permissible) uses of non-invasive brain stimulation technology in children. We consider both children who may be suffering from a specific neurological disorder, for whom the stimulation is intended as a ‘treatment’, and those who are otherwise healthy, for whom the stimulation is intended as ‘enhancement’. For the full article and citation, see here:

Maslen, H., Earp, B. D., Cohen Kadosh, R., & Savulescu, J. (2014). Brain stimulation for treatment and enhancement in children: An ethical analysisFrontiers in Human Neuroscience, Vol. 8, Article 953, 1-5. Continue reading