Welcome to the Nexus of Ethics, Psychology, Morality, Philosophy and Health Care

Welcome to the nexus of ethics, psychology, morality, technology, health care, and philosophy
Showing posts with label Ownership. Show all posts
Showing posts with label Ownership. Show all posts

Wednesday, March 16, 2022

Autonomy and the Folk Concept of Valid Consent

Demaree-Cotton, J., & Sommers, R. 
(2021, August 17). 
https://doi.org/10.31234/osf.io/p4w8g

Abstract

Consent governs innumerable everyday social interactions, including sex, medical exams, the use of property, and economic transactions. Yet little is known about how ordinary people reason about the validity of consent. Across the domains of sex, medicine, and police entry, Study 1 showed that when agents lack autonomous decision-making capacities, participants are less likely to view their consent as valid; however, failing to exercise this capacity and deciding in a nonautonomous way did not reduce consent judgments. Study 2 found that specific and concrete incapacities reduced judgments of valid consent, but failing to exercise these specific capacities did not, even when the consenter makes an irrational and inauthentic decision. Finally, Study 3 showed that the effect of autonomy on judgments of valid consent carries important downstream consequences for moral reasoning about the rights and obligations of third parties, even when the consented-to action is morally wrong. Overall, these findings suggest that laypeople embrace a normative, domain-general concept of valid consent that depends consistently on the possession of autonomous capacities, but not on the exercise of these capacities. Autonomous decisions and autonomous capacities thus play divergent roles in moral reasoning about consent interactions: while the former appears relevant for assessing the wrongfulness of consented-to acts, the latter plays a role in whether consent is regarded as authoritative and therefore as transforming moral rights.

Conclusion 

Before these studies, it remained an open possibility that “valid consent” as a rich and normatively complex force existed only as a technical concept used in philosophical, legal and academic domains. We found, however, that the folk concept of consent involves normative distinctions between valid and invalid consent that are sensitive to the consenter’s autonomy, even if the linguistic utterance of “yes” is held constant, and that this concept plays an important role in moral reasoning. 

Specifically, the studies presented here examined the relationship between autonomy and intuitive judgments of valid consent in several domains: medical procedures, sexual relations, police searches, and agreements between buyers and sellers.  Across scenarios, we found that judgments of valid consent carried a specific relationship to autonomy: whether an agent possesses the mental capacity to make decisions in an autonomous way has a consistent impact on whether their consent is regarded as valid, and thus whether it was regarded as morally transformative of the rights and obligations of the consenter and of third parties.  Yet, whether the agent in fact makes their decision in an autonomous, rational way—based on their own authentic values and what is right for them—has little impact on perceptions of consent or associated rights, although it has relevance for whether the consent-obtainer is acting wrongly.  Autonomy thus has a subtle role in the ordinary reasoning about morally transformative consent, where consent given by an agent with autonomous capacities has a distinctive role in downstream moral reasoning.

Tuesday, November 2, 2021

Our evolved intuitions about privacy aren’t made for this era

Joe Green & Azim Shariff
psyche.co
Originally published September 16, 2021

Here is an excerpt:

Our concern for privacy has its evolutionary roots in the need to maintain boundaries between the self and others, for safety and security. The motivation for personal space and territoriality is a common phenomenon within the animal kingdom. Among humans, this concern about regulating physical access is complemented by one about regulating informational access. The language abilities, complex social lives and long memories of human beings made protecting our social reputations almost as important as protecting our physical bodies. Norms about sexual privacy, for instance, are common across cultures and time periods. Establishing basic seclusion for secret trysts would have allowed for all the carnal benefits without the unwelcome reputational scrutiny.

Since protection and seclusion must be balanced with interaction, our privacy concern is tuned to flexibly respond to cues in our environment, helping to determine when and what and with whom we share our physical space and personal information. We reflexively lower our voices when strange or hostile interlopers come within earshot. We experience an uneasy creepiness when someone peers over our shoulder. We viscerally feel the presence of a crowd and the public scrutiny that comes with it.

However, just as the turtles’ light-orienting reflex was confounded by the glow of urban settlements, so too have our privacy reactions been confounded by technology. Cameras and microphones – with their superhuman sensory abilities – were challenging enough. But the migration of so much of our lives online is arguably the largest environmental shift in our species’ history with regard to privacy. And our evolved privacy psychology has not caught up. Consider how most people respond to the presence of others when they are in a crowd. Humans use a host of social cues to regulate how much distance they keep between themselves and others. These include facial expression, gaze, vocal quality, posture and hand gestures. In a crowd, such cues can produce an anxiety-inducing cacophony. Moreover, our hair-trigger reputation-management system – critical to keeping us in good moral standing within our group – can drive us into a delirium of self-consciousness.

However, there is some wisdom in this anxiety. Looking into the whites of another’s eyes anchors us within the social milieu, along with all of its attendant norms and expectations. As a result, we tread carefully. Our private thoughts generally remain just that – private, conveyed only to small, trusted groups or confined to our own minds. But as ‘social networks’ suddenly switched from being small, familiar, in-person groupings to online social media platforms connecting millions of users, things changed. Untethered from recognisable social cues such as crowding and proximity, thoughts better left for a select few found their way in front of a much wider array of people, many of whom do not have our best interests at heart. Online we can feel alone and untouchable when we are neither.

Consider, too, our intuitions about what belongs to whom. Ownership can be complicated from a legal perspective but, psychologically, it is readily inferred from an early age (as anyone with young children will have realised). This is achieved through a set of heuristics that provide an intuitive ‘folk psychology’ of ownership. First possession (who first possessed an object), labour investment (who made or modified an object), and object history (information about past transfer of ownership) are all cues that people reflexively use in attributing the ownership of physical things – and consequently, the right to open, inspect or enter them.

Monday, May 28, 2018

The ethics of experimenting with human brain tissue

Nita Farahany, and others
Nature
Originally published April 25, 2018

If researchers could create brain tissue in the laboratory that might appear to have conscious experiences or subjective phenomenal states, would that tissue deserve any of the protections routinely given to human or animal research subjects?

This question might seem outlandish. Certainly, today’s experimental models are far from having such capabilities. But various models are now being developed to better understand the human brain, including miniaturized, simplified versions of brain tissue grown in a dish from stem cells — brain organoids. And advances keep being made.

These models could provide a much more accurate representation of normal and abnormal human brain function and development than animal models can (although animal models will remain useful for many goals). In fact, the promise of brain surrogates is such that abandoning them seems itself unethical, given the vast amount of human suffering caused by neurological and psychiatric disorders, and given that most therapies for these diseases developed in animal models fail to work in people. Yet the closer the proxy gets to a functioning human brain, the more ethically problematic it becomes.

The information is here.