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Brian D. Earp

Brian D. Earp is a Research Fellow in the Uehiro Centre for Practical Ethics at the University of Oxford. He holds degrees from Yale, Oxford, and Cambridge Universities, and studies issues in psychology, philosophy, biomedicine, and ethics.

Protecting Children or Policing Gender?

Laws on genital mutilation, gender affirmation and cosmetic genital surgery are at odds. The key criteria should be medical necessity and consent.

By Brian D. Earp (@briandavidearp)

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In Ohio, USA, lawmakers are currently considering the Save Adolescents from Experimentation (SAFE) Act that would ban hormones or surgeries for minors who identify as transgender or non-binary. In April this year, Alabama passed similar legislation.

Alleging anti-trans prejudice, opponents of such legislation say these bans will stop trans youth from accessing necessary healthcare, citing guidance from the American Psychiatric Association, the American Medical Association and the American Academy of Pediatrics.

Providers of gender-affirming services point out that puberty-suppressing medications and hormone therapies are considered standard-of-care for trans adolescents who qualify. Neither is administered before puberty, with younger children receiving psychosocial support only. Meanwhile genital surgeries for gender affirmation are rarely performed before age 18.

Nevertheless, proponents of the new laws say they are needed to protect vulnerable minors from understudied medical risks and potentially lifelong bodily harms. Proponents note that irreversible mastectomies are increasingly performed before the age of legal majority.

Republican legislators in several states argue that if a child’s breasts or genitalia are ‘healthy’, there is no medical or ethical justification to use hormones or surgeries to alter those parts of the body.

However, while trans adolescents struggle to access voluntary services and rarely undergo genital surgeries prior to adulthood, non-trans-identifying children in the United States and elsewhere are routinely subjected to medically unnecessary surgeries affecting their healthy sexual anatomy — without opposition from conservative lawmakers.

Read More »Protecting Children or Policing Gender?

PRESS RELEASE: Racial Justice Requires Ending Drug War, Say Leading Bioethicists

PRESS RELEASE: Free all non-violent criminals jailed on minor drug offences, say experts Non-violent offenders serving time for drug use or possession should be freed immediately and their convictions erased, according to research published in the peer-reviewed The American Journal of Bioethics. More than 60 international experts including world-leading bioethicists, psychologists and drug experts have… Read More »PRESS RELEASE: Racial Justice Requires Ending Drug War, Say Leading Bioethicists

What is Your Gender? A Friendly Guide to the Public Debate

What is your gender? A friendly guide to the public debate

Brian D. Earp

 

Note: This is a lightly edited transcript of an informal lecture, based on coursework submitted as part of my Ph.D. It was recorded on Whidbey Island, Washington, and published online on January 15th, 2020. A link to the video is here: https://youtu.be/LZERzw9BGrs

 

Video description:  I’m a philosopher and cognitive scientist who studies gender, sex, identity, sexuality and related topics and I am offering this video as a friendly guide to the (often very heated) public debate that is going on around these issues. This is my best attempt, not to score political points for any particular side, but to give an introductory map of the territory so you can think for yourself, investigate further, and reach your own conclusions about such controversial questions as “What does mean to be a man or a woman?” This video is not meant to be authoritative; it is not the final word; experts on these topics will find much to quibble with (and perhaps some things to disagree with outright). But for those who would like to take some first steps in getting a sense of the landscape without feeling intimidated, I hope this will be of some use. Read More »What is Your Gender? A Friendly Guide to the Public Debate

Mutilation or Enhancement? What is Morally at Stake in Body Alterations

By Brian D. Earp (@briandavidearp)

 

Those who follow my work will know that I have published a number of papers on the ethics of medically unnecessary genital cutting practices affecting children of all sexes and genders (a partial bibliography is at the end of this post). When my writing touches on the sub-set of these practices that affect persons with characteristically female genitalia, primarily women and girls, I have on occasion received some pushback for using the term ‘FGC’ for female genital cutting rather than ‘FGM’ for female genital mutilation (though I have also received words of appreciation, so, I cannot please everyone).

A recent instance of such pushback came from a respected colleague in response to a forthcoming paper of mine in Archives of Sexual Behavior, in which I explicitly argue against the use of ‘mutilation’ in certain contexts, as there is evidence that such stigmatizing language may have adverse effects on the very people who are meant to be helped. The paper, “Protecting Children from Medically Unnecessary Genital Cutting Without Stigmatizing Women’s Bodies: Implications for Sexual Pleasure and Pain” is available as a pre-print here.

Given that this terminological issue is likely to keep coming up, I thought I would share parts of the reply I wrote to my colleague (lightly edited). I certainly don’t expect that everyone will agree with what I say below, but I hope it can shed some light on at least one plausible way of thinking about such difficult matters.

One last thing. In order to understand my reply, you need to know that my colleague argued that my use of ‘FGC’ rather than ‘FGM’ is disrespectful because it goes against the recommendation of the 2005 Bamako Declaration adopted by the Inter-African Committee (IAC) on Traditional Practices Affecting the Health of Women and Children. My answer is immediately below.

Read More »Mutilation or Enhancement? What is Morally at Stake in Body Alterations

Should Iceland Ban Circumcision? A Legal and Ethical Analysis

By Lauren Notini and Brian D. Earp

*Note: a condensed version of this article titled “Iceland’s Proposed Circumcision Ban” is being cross-published at Pursuit.

 

For a small country, Iceland has had a big impact on global media coverage recently, following its proposed ban on male circumcision before an age of consent.

Iceland’s proposed legislation seeks to criminalise circumcision on male minors that is unnecessary “for health reasons,” stating individuals who remove “part or all of the sexual organs shall be imprisoned for up to 6 years.”

The bill claims circumcision violates children’s rights to “express their views on the issues [concerning them]” and “protection against traditions that are harmful.”

According to bill spokesperson Silja Dögg Gunnarsdóttir, a key reason for the bill is that all forms of female genital cutting (FGC), no matter how minor, have been illegal in Iceland since 2005, but no similar legislation exists for males.

“If we have laws banning circumcision for girls,” she said in an interview, then for consistency “we should do so for boys.” Consequently, the bill is not specific to male circumcision, but adapts the existing law banning FGC, changing “girls” to “children.”

There is much to unpack here. We first discuss self-determination and informed consent, before addressing claims about potential health benefits and harms. We then explore the religious significance of circumcision for some groups, and ask what implications this should have.

Read More »Should Iceland Ban Circumcision? A Legal and Ethical Analysis

Cross Post: In Defense of Offense

Written by Michael Robillard

 

In Defense of Offense

“The urge to censor is greatest where debate is most disquieting and orthodoxy most entrenched…”

–Chief Judge Alex Kozinski

In September of last year, conservative speaker, Ben Shapiro, spoke at the UC Berkeley campus for approximately 90 minutes. The cost of security for the physical protection of Mr. Shapiro, an American citizen, and Harvard-educated lawyer came to approximately $600,000. Prior to Mr. Shapiro’s visit at the Berkeley campus, right-wing British speaker and internet provocateur, Milo Yiannopolis, was prevented from speaking on campus due to security worries caused by approximately 150 masked agitators who committed various acts of vandalism, arson, and violence, resulting in the harm of several innocent Berkeley students and local citizens and totaling around $100,000 in property damage. In May of last year, at Evergreen State College in Olympia, Washington, biology professor, Bret Weinstein, refused to participate in the “Day of Absence” in which “white students, staff, and faculty,” were, “invited to leave the campus for the day’s activities.” Weinstein’s refusal resulted in him being surrounded by an angry mob of 50 students who called him a racist and insisted that he resign. He was later advised by campus police to remain off campus indefinitely for his own physical safety. Weinstein and his wife, also a professor, did so, and eventually resigned from their positions at Evergreen in September. In March of 2017, at Middlebury College, demonstrators physically attacked libertarian author Charles Murray and his liberal host, professor Allison Stanger, pulling her hair and giving her whiplash, sending her to the ER.

Berkeley. Evergreen. Middlebury. Missou. Yale. Brown. McMasters. Wilfred Laurier. The list goes on. One must wonder where this trend will ultimately take us. There have been several justifications given for this increasing rash of no-platforming, shaming, and at times, physical violence on North American campuses. In essence, these justifications can be distilled into a triad of well-meaning but ultimately flawed theses, namely, 1.) that all discourse is  about power and that any speech that renders a listener physiologically uncomfortable therefore rises to the level of a physical attack upon that individual, thereby justifying actual physical violence in response, 2.) that for the sake of historically marginalized voices, persons who are members of historically privileged groups should forfeit their right to free speech or ought to remain silent, 3.) that certain assertions, even if possibly true, are nonetheless morally impermissible to make since to do so will likely create conditions whereby bad-intentioned persons will inevitably and successfully advance their morally heinous projects.

This first thesis—that all discourse is fundamentally about power—finds its philosophical origins in the likes of post-modernists such as Jacques Derrida and Michel Foucault. To quote Foucault, “Discourses are tactical elements or blocks operating in the field of force relations.” Thus, on Foucalt’s view, if all discourse is, at heart, really just veiled force relations between competing groups; if language isn’t fundamentally capable of being about objective truth or about the world in any meaningful sense, then the ink symbols written on the page and the shaped air admitted from one’s mouth in the forms of ‘rationality’, ‘facts’, ‘knowledge’, and ‘truth’ are just another set of weapons in a person’s overall arsenal to seize and maintain power, no different in kind from weapons of a physical sort. To speak then, on Foucault’s view, is to wield a weapon, albeit a subtler and refined one. The uncomfortable physiological feeling of hearing offensive speech, it would then seem, vindicates this view that one is being attacked. One might thus conclude, “Why not attack back with heavier, more effective, and more expedient weapons?”

Read More »Cross Post: In Defense of Offense

Cross Post: The Discomforts of Being a Utilitarian

Written by Hazen Zohny 

Please note that this essay was originally published in Quillette Magazine.

 

The Discomforts of Being a Utilitarian 

I recently answered the nine questions that make up The Oxford Utilitarianism Scale. My result: “You are very utilitarian! You might be Peter Singer.”

This provoked a complacent smile followed by a quick look around to ensure that nobody else had seen this result on my monitor. After all, outright utilitarians still risk being thought of as profoundly disturbed, or at least deeply misguided. It’s easy to see why: according to my answers, there are at least some (highly unusual) circumstances where I would support the torture of an innocent person or the mass deployment of political oppression.

Choosing the most utilitarian responses to these scenarios involves great discomfort. It is like being placed on a debating team and asked to defend a position you abhor. The idea of actually torturing individuals or oppressing dissent evokes a sense of disgust in me – and yet the scenarios in these dilemmas compel me not only to say such acts are permissible, they’re obligatory. Biting bullets is almost always uncomfortable, which goes a long way in explaining the lack of popularity utilitarianism enjoys. But this discomfort largely melts away once we recognize three caveats relevant to the Oxford Utilitarianism Scale and to moral dilemmas more generally.

The first of these relates to the somewhat misleading nature of these dilemmas. They are set up to appear as though you are being asked to imagine just one thing, like torturing someone to prevent a bomb going off, or killing a healthy patient to save five others. In reality, they are asking two things of you: imagining the scenario at hand, and imaging yourself to be a fundamentally different being – specifically, a being that is able to know with certainty the consequences of its actions.

Read More »Cross Post: The Discomforts of Being a Utilitarian

Pedophilia and Child Sexual Abuse Are Two Different Things — Confusing Them is Harmful to Children

By Brian D. Earp (@briandavidearp)

Republican politician Roy Moore has been accused of initiating sexual contact with a 14-year-old girl when he was in his early 30s. Social media sites have since exploded with comments like these:

Read More »Pedophilia and Child Sexual Abuse Are Two Different Things — Confusing Them is Harmful to Children

Cross Post: Machine Learning and Medical Education: Impending Conflicts in Robotic Surgery

Guest Post by Nathan Hodson 

* Please note that this article is being cross-posted from the Journal of Medical Ethics Blog 

Research in robotics promises to revolutionize surgery. The Da Vinci system has already brought the first fruits of the revolution into the operating theater through remote controlled laparoscopic (or “keyhole”) surgery. New developments are going further, augmenting the human surgeon and moving toward a future with fully autonomous robotic surgeons. Through machine learning, these robotic surgeons will likely one day supersede their makers and ultimately squeeze human surgical trainees out of operating room.

This possibility raises new questions for those building and programming healthcare robots. In their recent essay entitled “Robot Autonomy for Surgery,” Michael Yip and Nikhil Das echoed a common assumption in health robotics research: “human surgeons [will] still play a large role in ensuring the safety of the patient.” If human surgical training is impaired by robotic surgery, however—as I argue it likely will be—then this safety net would not necessarily hold.

Imagine an operating theater. The autonomous robot surgeon makes an unorthodox move. The human surgeon observer is alarmed. As the surgeon reaches to take control, the robot issues an instruction: “Step away. Based on data from every single operation performed this year, by all automated robots around the world, the approach I am taking is the best.”

Should we trust the robot? Should we doubt the human expert? Shouldn’t we play it safe—but what would that mean in this scenario? Could such a future really materialize?

Read More »Cross Post: Machine Learning and Medical Education: Impending Conflicts in Robotic Surgery

Does Female Genital Mutilation Have Health Benefits? The Problem with Medicalizing Morality

Does Female Genital Mutilation Have Health Benefits? The Problem with Medicalizing Morality

By Brian D. Earp (@briandavidearp)

 

Four members of the Dawoodi Bohra sect of Islam living in Detroit, Michigan have recently been indicted on charges of female genital mutilation (FGM). This is the first time the US government has prosecuted an “FGM” case since a federal law was passed in 1996. The world is watching to see how the case turns out.

A lot is at stake here. Multiculturalism, religious freedom, the limits of tolerance; the scope of children’s—and minority group—rights; the credibility of scientific research; even the very concept of “harm.”

To see how these pieces fit together, I need to describe the alleged crime.

Read More »Does Female Genital Mutilation Have Health Benefits? The Problem with Medicalizing Morality