Background:Moral courage is defined as courage to act according to one’s own ethical values and principles even at the risk of negative consequences for the individual. In a complex nursing practice, ethical considerations are integral. Moral courage is needed throughout nurses’ career.Aim:To analyse graduating nursing students’ moral courage and the factors associated with it in six European countries.Research design:A cross-sectional design, using a structured questionnaire, as part of a larger international ProCompNurse study. In the questionnaire, moral courage was assessed with (...) a single question (visual analogue scale 0–100), the questionnaire also covered several background variables.Participants and research context:The sample comprised graduating nursing students (n = 1796) from all participating countries. To get a comprehensive view about graduating nursing students’ moral courage, the views of nurse managers (n = 538) and patients (n = 1327) from the same units in which the graduating nursing students practised were also explored, with parallel questionnaires.Ethical considerations:Ethical approvals and research permissions were obtained according to national standards in every country and all participants gave their informed consent.Results:The mean of graduating nursing students’ self-assessed moral courage was 77.8 (standard deviation 17.0; on a 0–100 scale), with statistically significant differences between countries. Higher moral courage was associated with many factors, especially the level of professional competence. The managers assessed the graduating nursing students’ moral courage lower (66.5; standard deviation 18.4) and the patients slightly higher (80.6; standard deviation 19.4) than the graduating nursing students themselves.Discussion and conclusions:In all countries, the graduating nursing students’ moral courage was assessed as rather high, with differences between countries and populations. These differences and associations between moral courage and ethics education require further research. (shrink)

This paper provides an analysis of the phrase ‘acting on behalf of another.’ To do this, acting on behalf is first distinguished from ‘acting for the sake of another,’ the latter being a matter of other-directed motivation, the former of what we call ‘normative other-directedness’—i.e., acting on the claims and duties of the other. Second, we provide a distinction between two kinds of acting on behalf of another: representation as other-directedness plus normative (...) replacement, and normative support as other-directedness without normative replacement. Third, the paper offers conditions of appropriateness for both types of acting on behalf. (shrink)

The prospect of using genome technologies to modify the human germline has raised profound moral disagreement but also emphasizes the need for wide-ranging discussion and a well-informed policy response. The Hinxton Group brought together scientists, ethicists, policymakers, and journal editors for an international, interdisciplinary meeting on this subject. This consensus statement formulated by the group calls for support of genome editing research and the development of a scientific roadmap for safety and efficacy; recognizes the ethical challenges involved in clinical reproductive (...) applications of genome editing but, importantly, rejects the idea that human reproductive germline modification is necessarily morally unacceptable; and highlights the importance of meaningful engagement in discussions of genome editing and the development of regulation and oversight mechanisms to govern future uses of such technologies. (shrink)

Most donated organs in the United States come from brain dead donors, while a small percentage come from patients who die in “controlled,” or expected, circumstances, typically after the family or surrogate makes a decision to withdraw life support. The number of organs available for transplant could be substantially if donations were permitted in “uncontrolled” circumstances–that is, from people who die unexpectedly, often outside the hospital. According to projections from the Institute of Medicine, establishing programs permitting “uncontrolled donation after circulatory (...) determination of death,” or uDCDD, throughout the United States has the potential to provide 22,000 more donation opportunities annually. In contrast, U.S. controlled donation after circulatory determination of death, or cDCDD, cases have increased progressively over the past decade from 87 to 848 donors, but currently account for only 10.6 percent of all deceased donors. Following the IOM recommendations, several projects exploring the feasibility of uDCDD were funded by the federal government, including a grant from the Health Resources and Services Administration that supported a pilot project in New York City in which the authors of this article participated.A key feature of our protocol, and indeed of many uDCDD protocols, is the initiation of preservation methods such as chest compressions and extracorporeal membrane oxygenation shortly after death in order to perfuse and preserve the donor's organs. Critics of uDCDD argue that the means of determining death deviates from generally ascribed principles. They assert that reinstituting circulation in order to preserve organs has the effect of “undoing” the prior determination of death. The result is that cDCDD is widely accepted and practiced routinely even though it only marginally increases the number of organs available for transplantation, and uDCDD is widely considered unacceptable despite being ethically embraced and proven to significantly increase organ donation opportunities in other countries. This article explores the evolution of this counterintuitive state of affairs and calls for a policy that, in line with the IOM report, allows for both cDCDD and uDCDD protocols. (shrink)

Research question and aimClinical Ethics Committees (CECs) aim to support healthcare professionals (HPs) and healthcare organizations to deal with the ethical issues of clinical practice. In 2020,...

Bullying often results in negative coping in victims, including an increased consumption of alcohol. Recently, however, an increase in alcohol use has also been reported among perpetrators of bullying. The factors triggering this pattern are still unclear. We investigated the role of empathy in the interaction between bullying and alcohol use in an adolescent sample (IMAGEN) at age 13.97 (±0.53) years (baseline (BL), N = 2165, 50.9% female) and age 16.51 (±0.61) years (follow-up 1 (FU1), N = 1185, 54.9% female). (...) General empathic distress served as a significant moderator of alcohol use in perpetrators (F9, 493 = 17.978, p < 0.01), which was specific for males and FU1. Male perpetrators, who are generally less sensitive to distress, might thus be more vulnerable to alcohol abuse. (shrink)

Research ethics committees (RECs) evaluate whether the risk-benefit ratio of a study is acceptable. Decentralized clinical trials (DCTs) are a novel approach for conducting clinical trials that potentially bring important benefits for research, including several collateral benefits. The position of collateral benefits in risk-benefit assessments is currently unclear. DCTs raise therefore questions about how these benefits should be assessed. This paper aims to reconsider the different types of research benefits, and their position in risk-benefit assessments. We first propose a categorization (...) of research benefits, based on the types of benefits that can be distinguished from the literature and ethical guidelines. Secondly, we will reconsider the position of collateral benefits. We argue that these benefits are not fundamentally different from other benefits of research and can therefore be included in risk-benefit assessments of DCTs. (shrink)

Ethics is a foundational competency in healthcare inherent in everyday nursing practice. Therefore, the promotion of qualified nurses’ and nursing students’ moral competence is essential to ensure ethically high-quality and sustainable healthcare. The aim of this integrative literature review is to identify the factors contributing to the promotion of qualified nurses’ and nursing students’ moral competence. The review has been registered in PROSPERO (CRD42023386947) and reported according to the PRISMA guideline. Focusing on qualified nurses’ and nursing students’ moral competence, a (...) literature search was undertaken in January 2023 in six scientific databases: CINAHL, Cochrane Library, PsycINFO, PubMed Medline, Scopus and Web of Science. Empirical studies written in English without time limitation were eligible for inclusion. A total of 29 full texts were retrieved and included out of 5233 citations. Quality appraisal was employed using Joanna Briggs Institute checklists and the Mixed Method Appraisal Tool. Data were analysed using inductive content analysis. Research about the factors contributing to the promotion of qualified nurses’ and nursing students’ moral competence is limited and mainly explored using descriptive research designs. The contributing factors were identified as comprising two main categories: (1) human factors, consisting of four categories: individual, social, managerial and professional factors, and ten sub-categories; and (2) structural factors, consisting of four categories: educational, environmental, organisational and societal factors, and eight sub-categories. This review provides knowledge about the factors contributing to the promotion of qualified nurses’ and nursing students’ moral competence for the use of researchers, nurse educators, managers, organisations and policymakers. More research about the contributing factors is needed using complex intervention, implementation and multiple methods designs to ensure ethically sustainable healthcare. (shrink)

In this essay I discuss two limitations that emerge when considering Tsoukas analysis of the Academy of Management’s initial response to the travel ban issued by President Trump in 2017. First, I suggest that any initial official response on the part of AOM would have required its leaders to “speak on behalf of” all AOM members and thus would have created a number of problems. We therefore need to take better account of others’ perspectives whenever speaking for others. For (...) this reason I emphasize that moral imagination does not constitute a solely individual cognitive act but must be thought of as a deliberative process. Second, while Tsoukas’ analysis suggests that the leadership of AOM should have made an exception to the rule on taking public stands, I show that such exceptions need to be justified communicatively, especially when dealing with moral questions. My analysis outlines the formal and informal communication processes necessary to facilitate such justification and explores ways in which AOM’s current approach to deliberation can be improved. (shrink)

The consequence argument for the incompatibility of free action and determinism has long been under attack, but two important objections have only recently emerged: Warfield’s modal fallacy objection and Campbell’s no past objection. In this paper, I explain the significance of these objections and defend the consequence argument against them. First, I present a novel formulation of the argument that withstands their force. Next, I argue for the one controversial claim on which this formulation relies: the trans-temporality thesis. This thesis (...) implies that an agent acts freely only if there is one time at which she is able to perform an action and a distinct time at which she actually performs it. I then point out that determinism, too, is a thesis about trans-temporal relations. I conclude that it is precisely because my formulation of the consequence argument emphasizes trans-temporality that it prevails against the modal fallacy and no past objections. (shrink)

When we were on the subway back from his lecture, I said to Robin: “I’m not sure there actually are any religious fictionalists.” We keep talking about them in papers and lectures, acting as if fictionalism in religion is a real possibility, but to be honest, I haven’t been able to spot one in the wild so far. The only potential candidate who comes to mind is Don Cupitt, who wrote things like: “I still pray and love God, even (...) though I fully acknowledge that no God actually exists.”[1] Perhaps this is as fictionalist as it gets. But then again, Cupitt never explicitly declared himself a fictionalist. Moreover, on other occasions he sounds more like an expressivist than a fictionalist, e.g. when he says: “The Christian doctrine of God just is Christian spirituality in coded form.”[2] So, if there are any actual fictionalists out there, please step forward.[1] Don Cupitt, After God: The Future of Religion, 85.[2] Don Cupitt, Taking leave of God, 14. (shrink)

In clarifying and defending Molinism, Thomas Flint argues against a position he terms Maverick Molinism. This version of Molinism maintains that, though counterfactuals of freedom have their truth-value logically prior to God’s acts of will, God could have so acted that these counterfactuals would have had a different truth value from that which they actually have. Flint believes this position is flawed, and presents an argument for rejecting it. I argue that Flint’s argument against Maverick Molinism is flawed, and suggest (...) that the Maverick has a position with advantages over more traditional versions of Molinism. (shrink)

Scholars who favor shareholder primacy usually claim either that managers should not fulfill corporate duties of beneficence or that, if they are required to fulfill them, they do so by going against their obligations to shareholders. Distinguishing between structurally different types of duties of beneficence and recognizing the full force of the normative demands imposed on managers reveal that this view needs to be qualified. Although it is correct to think that managers, when acting on behalf of shareholders, (...) are not required to fulfill wide duties of charity, they are nevertheless required to fulfill a variety of narrow duties of beneficence. What is more, the obligation to fulfill these duties arises precisely because they are acting on behalf of shareholders. As such, this article 1) refines our understanding of the duties of corporate beneficence and 2) helps to identify which duties of beneficence are imposed on managers when they are acting on behalf of shareholders. (shrink)

General Practitioners (GPs) and allied healthcare professionals working in primary care are regularly required to make decisions with, for and on behalf of patients who lack capacity. In England and Wales, these decisions are made for incapacitated adult patients under the Mental Capacity Act 2005, which primarily requires that decisions are made in the patient’s ‘best interests’. Regarding children, decisions are also made in their best interests but are done so under the Children Act 1989, which places paramount importance (...) on the welfare of the child. Decisions for children are usually made by parents, but a GP may become involved if he or she feels a parent is not acting in the best interests of the child. Internationally, including elsewhere in the UK, different approaches are taken. We hypothesise that, despite the legislation and professional guidelines, there are many different approaches taken by GPs and allied healthcare professionals in England and Wales when making these complex decisions with, for and on behalf of patients who lack capacity. To better understand what is known about how these decisions are made, we plan to undertake a scoping review and directed content analysis of the literature. While the majority of decisions made in primary care are made by GPs, for completeness, this review will include all allied healthcare professionals working in primary care. (shrink)

Dorit Bar-On develops and defends a novel view of avowals and self-knowledge. Drawing on resources from the philosophy of language, the theory of action, epistemology, and the philosophy of mind, she offers original and systematic answers to many long-standing questions concerning our ability to know our own minds. We are all very good at telling what states of mind we are in at a given moment. When it comes to our own present states of mind, what we say goes; an (...) avowal such as "I'm feeling so anxious" or "I'm thinking about my next trip to Paris," it is typically supposed, tells it like it is. But why is that? Why should what I say about my present mental states carry so much more weight than what others say about them? Why should avowals be more immune to criticism and correction than other claims we make? And if avowals are not based on any evidence or observation, how could they possibly express our knowledge of our own present mental states? Bar-On proposes a Neo-Expressivist view according to which an avowal is an act through which a person directly expresses, rather than merely reports, the very mental condition that the avowal ascribes. She argues that this expressivist idea, coupled with an adequate characterization of expression and a proper separation of the semantics of avowals from their pragmatics and epistemology, explains the special status we assign to avowals. As against many expressivists and their critics, she maintains that such an expressivist explanation is consistent with a non-deflationary view of self-knowledge and a robust realism about mental states. The view that emerges preserves many insights of the most prominent contributors to the subject, while offering a new perspective on our special relationship to our own minds. (shrink)

What I call “Rorty’s Dilemma” has us caught between the Scylla of Cartesian Dualism and the Charybdis of eliminativism about the mental. Proper recognition of what is distinctively mental requires accommodating incorrigibility about our mental states, something Rorty thinks materialists cannot do. So we must either countenance mental states over and above physical states in our ontology, or else give up altogether on the mental as a distinct category. In section 2, “Materialist Introspectionism—Independence and Epistemic Authority”, I review reasons for (...) being dissatisfied with materialist introspectionism as a way out of the dilemma. In section 3, “Constitutivism”, I outline two constitutivist alternatives to materialist introspectionism. In section 4, “A Neo-Expressivist View”, I offer my neo-expressivist view (defended in Bar-On, Speaking my mind: Expression and self-knowledge. Clarendon Press, Oxford, 2004 ), according to which the distinctive status of mental self-ascriptions is to be explained by appeal to the expressive character of acts of issuing them (in speech or in thought). This view, I argue, allows us to stay clear of eliminativism without committing to Cartesian substance dualism, thereby offering a viable way of slipping between the horns of Rorty’s dilemma. (shrink)

According to ethical neo-expressivism, all declarative sentences, including those used to make ethical claims, have propositions as their semantic contents, and acts of making an ethical claim are properly said to express mental states, which (if motivational internalism is correct) are intimately connected to motivation. This raises two important questions: (i) The traditional reason for denying that ethical sentences express propositions is that these were thought to determine ways the world could be, so unless we provide an analysis of ethical (...) terms in terms of natural properties, are we not committed to the Moorean conclusion that ethical sentences describe sui generis “nonnatural” ways the world could be? (ii) If we reject the claim that motivational attitudes constitute any part of the semantics of ethical sentences, are we not committed to denying the intuition behind motivational internalism after all? This chapter argues for negative answers to both of these questions. (shrink)

Two stages are discernible in S.H. Bergman's philosophical development. The early Bergman differs from the later Bergman as much in the philosophical method as in the choice of the fields of research and problems to deal with. The early Bergman acted predominantly as a philosopher of science, focussing his attention on the ultimate presuppositions of scientific thinking. In the second stage this gave way to speculations of a rather anthropological character. The laterBergman sought to solve the riddle of human existence (...) by a theory centering on the social nature of human rationality and claiming a theological explanation of its emergence. (shrink)

Two stages are discernible in S.H. Bergman's philosophical development. The early Bergman differs from the later Bergman as much in the philosophical method as in the choice of the fields of research and problems to deal with. The early Bergman acted predominantly as a philosopher of science, focussing his attention on the ultimate presuppositions of scientific thinking. In the second stage this gave way to speculations of a rather anthropological character. The laterBergman sought to solve the riddle of human existence (...) by a theory centering on the social nature of human rationality and claiming a theological explanation of its emergence. (shrink)

Two stages are discernible in S.H. Bergman's philosophical development. The early Bergman differs from the later Bergman as much in the philosophical method as in the choice of the fields of research and problems to deal with. The early Bergman acted predominantly as a philosopher of science, focussing his attention on the ultimate presuppositions of scientific thinking. In the second stage this gave way to speculations of a rather anthropological character. The laterBergman sought to solve the riddle of human existence (...) by a theory centering on the social nature of human rationality and claiming a theological explanation of its emergence. (shrink)

Two stages are discernible in S.H. Bergman's philosophical development. The early Bergman differs from the later Bergman as much in the philosophical method as in the choice of the fields of research and problems to deal with. The early Bergman acted predominantly as a philosopher of science, focussing his attention on the ultimate presuppositions of scientific thinking. In the second stage this gave way to speculations of a rather anthropological character. The laterBergman sought to solve the riddle of human existence (...) by a theory centering on the social nature of human rationality and claiming a theological explanation of its emergence. (shrink)

The chapter contextualizes and reconstructs Walther’s theory of social acts. In her view a given act qualifies as social if it is performed in the name of or on behalf of a community. Interestingly, Walther’s understanding of that notion is patently at odds with the idea of a social act originally propounded by Reinach. According to Reinach, an act is social if it “addresses” other persons and if it, for its success, requires them to grasp it. We claim that (...) to explain Walther’s reconfiguration of this concept, one has to look into the use that Husserl makes of it. Husserl adopts this idea from Reinach to tackle a problem that is not discussed by the latter. This is the problem of how communities, by means of social acts, are “constituted” in consciousness. Walther shares with Husserl the concern about the constitution of communities and her radical revision of Reinach’s idea is presented as an attempt to offer an alternative solution to Husserl’s problem. (shrink)

In my reply to Boyle, Rosenthal, and Tumulty, I revisit my view of avowals’ security as a matter of a special immunity to error, their character as intentional expressive acts that employ self-ascriptive vehicles, Moore’s paradox, the idea of expressing as contrasting with reporting and its connection to showing one’s mental state, and the ‘performance equivalence’ between avowals and other expressive acts.

Elephant 2000 is a proposed programming language good for writing and verifying programs that interact with people (eg. transaction processing) or interact with programs belonging to other organizations (eg. electronic data interchange) 1. Communication inputs and outputs are in an I-O language whose sentences are meaningful speech acts identified in the language as questions, answers, offers, acceptances, declinations, requests, permissions and promises. 2. The correctness of programs is partly defined in terms of proper performance of the speech acts. Answers should (...) be truthful and responsive, and promises should be kept. Sentences of logic expressing these forms of correctness can be generated automatically from the form of the program. 3. Elephant aource programs may not need data structures, because they can refer directly to the past. Thus a program can say that an airline passenger has a reservation if he has made one and hasn't cancelled it. 4. Elephant programs themselves can be represented as sentences of logic. Their extensional properties follow from this representation without an intervening theory of programming or anything like Hoare axioms. 5. Elephant programs that interact non-trivially with the outside world can have both input-output specification, relating the programs inputs and outputs, and accomplishment specifications concerning what the program accomplishes in the world. These concepts are respectively generalizations of the philosophers' illocutionary and perlocutionary speech acts. 6. Programs that engage in commercial transactions assume obligations on behalf of their owners in exchange for obligations assumed by other entities. It may be part of the specification of an Elephant 2000 program that these obligations are exchanged as intended, and this too can be expressed by a logical sentence. 7. Human speech acts involve intelligence. Elephant 2000 is on the borderline of AI, but the article emphasizes the Elephant usages that do not require AI. (shrink)

In my reply to Boyle, Rosenthal, and Tumulty, I revisit my view of avowals’ security as a matter of a special immunity to error, their character as intentional expressive acts that employ self-ascriptive vehicles (without being grounded in self-beliefs), Moore’s paradox, the idea of expressing as contrasting with reporting and its connection to showing one’s mental state, and the ‘performance equivalence’ between avowals and other expressive acts.

The Mental Capacity Act received Royal Assent on 7 April 2005, and it will be implemented in 2007. The Act defines when someone lacks capacity and it supports people with limited decision-making ability to make as many decisions as possible for themselves. The Act lays down rules for substitute decision making. Someone taking decisions on behalf of the person lacking capacity must act in the best interests of the person concerned and choose the options least restrictive of his or (...) her rights and freedoms. Decision making will be allowed without any formal procedure unless specific provisions apply, such as a written advance decision, lasting powers of attorney or a decision by the court of protection. (shrink)

Traditional articulations of the conception of dirty hands, as the doing of wrong in order to do right, invite construals of the issues raised thereby as mired in conceptual confusions and inconsistencies, and moreover as generating unproductive discussions of the scope of the proposed notion itself. The status of the concept of dirty hands is thus precarious, in spite of its provenance in the work of political thinkers such as Machiavelli. This essay articulates one nonparadoxical conception of dirty hands, as (...) the uncomfortable phenomenology of agents authorized to act on behalf of others, when they are called upon to do things that, while morally correct, are also personally or morally distasteful. The key point is that the dirt of action remains on these agents’ hands, even if moral responsibility for the relevant actions should be conceived as falling on the persons in whose name they take the said action. This articulation opens up for investigation questions about the phenomenology of authorized agency, as well as the moral labor involved in leadership and in other contexts of authorized distasteful action. These are questions of social ontology. Here there is important philosophical work that remains to be done. (shrink)

In United States ex rel. Quirk v. Madonna Towers, Inc., the U.S. Court of Appeals for the Eighth Circuit held that the failure of a skilled nursing facility's executives to seek a legal opinion regarding a billing practice they considered valid did not meet the definition of knowingly presenting a false claim for payment to the federal government under the False Claims Act. Alleging that the facility that provided care to his aunt fraudulently submitted claims to Medicare for services provided (...) free of charge, the appellant brought this case qui tam on behalf of the federal government under the FCA.The FCA was passed by the legislature in an effort to punish and deter fraud against the federal government. It provides financial incentives for private individuals to come forward with information about fraudulent activity. (shrink)

Chung-ying’s project of onto-hermeneutics draws in order to shed light on the relations between ontology and epistemology in the hermeneutic act. In the process, not only will we be thinking with Cheng and some Western hermeneutic theorists, but we will also be thinking through history by examining the Confucian act of reading. To the extent that any hermeneutic exercise, in accordance with Cheng’s construal, cannot merely be a disembodied act of theoretical knowing but is also moral effort that entails personal (...) cultivation—or, in Heidegger’s and Gadamer’s terms, Bildung—its espousal and its practice necessarily embody a larger conception of culture. In fact, precisely in terms of the intimate engagement with culture, Confucian insights, filtered through Cheng’s onto-hermeneutic lenses, may have much to offer contemporary hermeneutics. (shrink)

Duff offered an argument for the conclusion that just or legitimate punishment of socially deprived offenders in our unjust society is impossible. One of the claims in his argument is that our courts have the standing to blame an offender only if our polity has the right to do so since our courts are acting as the representatives of, or to use the exact phrases by Duff, “in the name of”, or “on behalf of”, the whole polity. In (...) this paper I will challenge that claim. I will argue that the courts can be seen as acting, not on behalf of the whole polity, but only on behalf of a subset of its citizens, namely, the just citizens (i.e. the citizens who cannot be seen to have wronged the deprived offenders). (shrink)

Christopher J. Finlay claims “that a principle of moral or legitimate authority is necessary in just war theory for evaluating properly the justifiability of violence by non-state entities when they claim to act on behalf of the victims of rights violations and political injustice.” In particular, he argues that states, unlike non-state actors, possess what he calls “Lesser Moral Authority.” This authority allegedly enables states to invoke “the War Convention,” which in turn entitles even individual soldiers on the aggressive (...) side to use military violence against soldiers defending the victim state. Non-state actors, in contrast, have to fulfill more stringent requirements. If they do not, then even their attacks on military personnel can properly be called "terrorist." In the following I will argue that Finlay’s attempt to show the importance of the legitimate authority criterion of just war theory and to demonstrate that non-state violence has to satisfy heavier burdens of justification than state violence fails for a number of reasons: his claim that defenders would wrong victims if they defended them against their will is mistaken, he overlooks the fact that non-state agents need not claim to fight on someone’s behalf, the full moral authority he mentions is redundant, the powers he ascribes to “Lesser Moral Authority” are, depending on interpretation, either morally irrelevant or nonexistent, and his claim that granting states “Lesser Moral Authority” is beneficial from a “moral pragmatic” point of view while granting the same authority to non-state actors is not, is unwarranted. (shrink)

What is a speech act, and what makes it count as one kind of speech act rather than another? In the target article, Geurts considers two ways of answering these questions. His opponent is intentionalism—the view that performing a speech act is a matter of acting with a communicative intention, and that speech acts of different kinds involve intentions to affect hearers in different ways. Geurts offers several objections to intentionalism. Instead, he articulates and defends an admirably clear and (...) resolute version of the view that performing a speech act is a matter of undertaking a social commitment. Different kinds of speech acts, on his view, involve social commitments of different kinds. My aim is to respond to Geurts on behalf of intentionalism. I’ll argue that his objections aren’t all that worrying (Section 3), that Geurts’ view suffers from some quite serious problems that intentionalists don’t face (Section 4), and that intentionalists can give a principled account of the ways that speech acts give rise to commitments (Section 5). First I will spell out the two opposing views (Sections 1–2). (shrink)

There are prominent resemblances between issues addressed by Simone de Beauvoir in her early essay on moral philosophy, Pyrrhus and Cineas (1944), and issues attracting the attention of contemporary feminist ethicists, especially those concerned with the ethics of care. They include a focus on relationships, interaction, and mutual dependency. Both emphasize concrete ethical challenges rooted in everyday life, such as those affecting parents and children. Both are critical of the level of abstraction and insensitivity to the situation of the moral (...) agent in utilitarianism and Kantian ethics. And both condemn the “moral point of view,” i.e. the assumption that it is possible to speak with a universal voice on behalf of humanity. These resemblances are explored in this article. (shrink)

ArgumentThe spread of Darwinian ideas by the late nineteenth century in Argentina transformed the intellectual elites' notion of progress and civilization. While before Darwin, union, harmony, and assimilation were the ideas most commonly associated with the civilizatory process; variation, struggle, and divergence dominated the post-Darwin discussion. More importantly, unlike in Europe, in Argentina the theory not only triggered interest in the process of speciation, but also its relationship with extinction. Extinction became the benchmark of progress, and the sign of success (...) for the nation. If the country was civilizing itself, the “natural” elimination of inferior individuals, unfit for the struggle for existence, had to be proved and displayed. The origin of modernity was here associated with the existence of evolutionary waste that revealed the work of natural selection on behalf of national improvement. (shrink)

This article considers the provisions of the Mental Capacity Act 2005 in respect of advance decisions. It considers the new statutory regulation of advance directives (termed 'advance decisions' in the Act) and the formalities necessary to effect an advance decision purporting to refuse life-sustaining treatment. The validity and applicability of advance decisions is discussed with analogy to case law and the clinician's reasonable belief in following an advance decision is considered. The article assesses the new personal welfare Lasting Powers of (...) Attorney, the situation where an attorney purports to refuse life-sustaining treatment on behalf of the donor, and the contrast between best interests and substituted judgment. (shrink)

This essay focuses on what patriotism is, as opposed to the value of patriotism. It focuses further on the basic patriotic motive: one acts with this motive if one acts on behalf of one's country as such. I first argue that pre-theoretically the basic patriotic motive is sufficient to make an act patriotic from a motivational point of view. In particular the agent need not ascribe virtues or achievements to his country nor need he feel towards it the emotions (...) characteristic of love. Why should one ever act on behalf of one's country as such, if one does not particularly admire it or feel a special affection for it? In answer to this question I offer a further articulation of the basic patriotic motive, invoking a particular understanding of what it is to be the member of a political society. Building on this articulation I then consider how one might characterize a patriotic act, a patriotic person, and the relationship of patriotism and pride. (shrink)

This paper considers the meaning of the term ‘intrusive research’, as used in the UK Mental Capacity Act 2005, in relation to studies in which an informant is asked to provide information about or on behalf of a person who lacks capacity to consent, and who is not otherwise involved in the study. The MCA defines ‘intrusive research’ as research that would legally require consent if it involved people with capacity. The relevant ethical principles are that consent should be (...) sought from people who would be affected by a piece of research and that this requirement should be implemented proportionately. The critical question, for investigators and research ethics committees, is: would provision of the personal information specified in the research protocol significantly affect a person whose capacity is not impaired? If the answer to this question is ‘no’, then the study falls outside the definition of ‘intrusive research’, and the MCA does not apply. (shrink)

This paper considers the meaning of the term ‘intrusive research’, as used in the UK Mental Capacity Act 2005, in relation to studies in which an informant is asked to provide information about or on behalf of a person who lacks capacity to consent, and who is not otherwise involved in the study. The MCA defines ‘intrusive research’ as research that would legally require consent if it involved people with capacity. The relevant ethical principles are that consent should be (...) sought from people who would be affected by a piece of research and that this requirement should be implemented proportionately. The critical question, for investigators and research ethics committees, is: would provision of the personal information specified in the research protocol significantly affect a person whose capacity is not impaired? If the answer to this question is ‘no’, then the study falls outside the definition of ‘intrusive research’, and the MCA does not apply. (shrink)

The necessity defense is barely accepted in contemporary Western case law. The courts, relying on the opinion held by the majority of legal scholars, have reduced its margin of application to practically zero, since in the framework of contemporary welfare states, there is almost always a “legal alternative.” The needy person who acts on their own behalf, regardless of whether they save an interest higher than the one they injure, does not show due deference to democratic legal solutions and (...) procedural channels. This article aims to contest this abrogative interpretation of the necessity defense and to outline the limits of its legitimate scope. Even in welfare states, there are actions in a necessity scenario that neither question the legal decisions of the democratically elected legislature nor make a mockery of established procedural channels. (shrink)

In his celebrated 'Good and Evil' (l956) Professor Geach argues as against the non-naturalists that ‘good’ is attributive and that the predicative 'good', as used by Moore, is senseless.. 'Good' when properly used is attributive. 'There is no such thing as being just good or bad, [that is, no predicative 'good'] there is only being a good or bad so and so'. On the other hand, Geach insists, as against non-cognitivists, that good-judgments are entirely 'descriptive'. By a consideration of what (...) it is to be an A, we can determine what it is to be a good A, even where the ‘A’ in question is ‘human being’. These battles are fought on behalf of naturalism, indeed, of an up-to-date Aristotelianism. Geach plans to 'pass' from the 'purely descriptive' man to good/bad man, and from human act to good/bad human act. I argue: (l) That the predicative 'good' does have a genuine sense and that it is a mistake to suppose that ‘good’ is a purely attributive adjective. This does not entail that the predicative good (as used by Moore) denotes a non-natural property, but his mistake, if any is metaphysical or ontological not conceptual. (2) That the attributive 'good' cannot be used to generate a naturalistic ethic. It is difficult to extract a set of biologically based requirements out of human nature that are a) reasonably specific; b) rationally binding or at least highly persuasive; and c) morally credible. -/- On the way I protest against Geach’s tendency to try to win arguments by affecting not to understand things. -/- My views to some extent anticipate those of Kraut in *Against Absolute Goodness*. (shrink)

This article argues that it is possible to act paternalistically towards future people, as long as the following requirements are met: the act/choice is not such that it will prevent the future person from coming into existence; the action/choice is such that it can be taken by the future person herself without significant disadvantage to her; and the act/choice is not such that there is significant uncertainty at the time of choice about the preferences of the future person. I argue (...) that the possibility of acting paternalistically towards future people is of practical as well as theoretical importance. This is true since some of the policies we might choose to pursue on behalf of future people are paternalistic, in particular constitutional policies implemented because we do not trust future people to choose wisely. I end the paper by pointing out why it is valuable to approach intergenerational issues through both the paternalistic prism and the prism of theories of justice. (shrink)

Several authors, including Stephen Law in this journal, have argued that the case for an evil God is (about) as strong as for a good God. In this article I take up the challenge on behalf of theists who, like Richard Swinburne, argue for an agent of unrestricted power and knowledge as the ultimate explanation of all contingent truths. I shall argue that an evil God is much less probable than a good one. I do so by (1) distinguishing (...) the analogical predication of 'good' or 'evil' of God from the literal predication, (2) interpreting 'acting in a morally good way' to mean 'acting like a good consequentialist', and (3) relying on an axiarchist thesis about agency that is congenial to theists and perhaps even presupposed by theism. (shrink)

Readers have found at least two distinct and perhaps contradictory accounts of civil authority in the works of Francisco de Vitoria, and some hold that Vitoria himself holds contradictory positions. This article argues that Vitoria holds one consistent position, namely that civil power is based on a necessity that is rooted in human nature, and in particular on the final cause of human life, and not on a necessity that is a result of any historical decision or process on its (...) own. Rulers receive from the community their authority, which is a power to act on behalf of the community. In general, scholars have failed to consider how Vitoria’s understanding of civil power is Aristotelian and Thomistic to the extent that it is based on the thesis that the political community is natural in a way similar to how families and individuals are natural. (shrink)

It appears that one of the aims of John Rawls' ideal of public reason is to provide people with good reason for exercising restraint on their nonpublic reasons when they are acting in the public political arena. I will argue, however, that in certain cases Rawls' ideal of public reason is unable to provide a person with good reason for exercising such restraint, even if the person is already committed to Rawls' ideal of public reason. Because it is plausible (...) to believe that such cases are widespread, the issue I am raising represents a serious problem for Rawls' account of public reason. After posing this problem, I consider potential responses on behalf of Rawls' view, and I reply to those responses. The moral of this story, as I see it, is that the kind of duty an ideal of public reason aims to place on citizens must be more modest than Rawls supposes. (shrink)

This paper deals with the question of whether and when it is appropriate or inappropriate to say that a social group performs an action. After some remarks on the concept of action three kinds of groups are distinguished, i.e. assemblies, institutions, and classes. It is found that in the first two of these cases predication of action is possible: an assembly can act in that all its members act, or some of them do who are interchangeable with any others; and (...) an institution can act because it has a structure and some individuals can act on its behalf. A class, however, cannot be said to act, for its concept may be freely formed, its members cannot be assembled, and it has no organs through which actions could be performed. (shrink)