Political scientist Melissa Orlie asks what it means to live freely and responsibly when advantages are distributed disproportionately according to race, gender ...

Following the centenary year of the publication of the first edition of Karl Barth’s Der Römerbrief, this article attempts to look at what a contemporary South African audience could potentially learn from Barth’s reading of Romans 12. This article begins with a few preliminary remarks on the reading of Barth in both apartheid and post-apartheid South Africa, and asks whether his theology still has any role to play in current theological and ethical discourses. After arguing that Barth might still (...) have ‘a’ contribution to make, this article provides an in-depth exposition and analysis of Barth’s reading of Romans 12. Here it is shown how, in his commentary on this chapter, Barth maintains that worship, that is, the offering of our bodies as ‘living sacrifices’ to God, should be seen as the primary ethical act, which precedes and renders possible all other secondary ethical conduct. This is then followed by the last section of this article, which explores the possible meaning and relevance of Barth’s insights for life in present-day South Africa. (shrink)

'Two things', wrote Kant, 'fill the mind with ever new and increasing admiration and awe: the starry heavens above and the moral law within'. Many would argue that since Kant's day, the study of the starry heavens has advanced while ethics has stagnated, and in particular that Kant's ethics offers an empty formalism that tells us nothing about how we should live. In Acting on Principle Onora O'Neill shows that Kantian ethics has practical as well as philosophical importance. First published (...) in 1975, the book is regarded as a classic account and defence of the Kantian ethical position. It addresses Kant's account of reasoning about action, in particular his controversial claim that the Categorical Imperative guides action and is basic to ethics and justice. This second edition offers a substantial new introduction and updated bibliography, and will be valuable for a wide readership in Kant studies and those studying ethics. (shrink)

'Two things', wrote Kant, 'fill the mind with ever new and increasing admiration and awe: the starry heavens above and the moral law within'. Many would argue that since Kant's day, the study of the starry heavens has advanced while ethics has stagnated, and in particular that Kant's ethics offers an empty formalism that tells us nothing about how we should live. In Acting on Principle Onora O'Neill shows that Kantian ethics has practical as well as philosophical importance. First published (...) in 1975, the book is regarded as a classic account and defence of the Kantian ethical position. It addresses Kant's account of reasoning about action, in particular his controversial claim that the Categorical Imperative guides action and is basic to ethics and justice. This second edition offers a substantial new introduction and updated bibliography, and will be valuable for a wide readership in Kant studies and those studying ethics. (shrink)

Ethics and morality, fundamental concepts in human society, are expected to be upheld by individuals and effectively taught by teachers to new generations. This study delves into the perceptions of preservice teachers regarding ethics and good within the framework of an ethics and morality course in education. It also explores the ethical and unethical behaviors these teachers most commonly encounter in their school experiences. Utilizing a qualitative case study methodology, the research provides an in-depth analysis of ethics, the concept (...) of good, ethical and unethical behaviors within the Turkish context. Through thematic analysis of data collected over various weeks, the findings reveal that participants perceive ethics as actions, individuals, and ideas that embody values such as justice, respect, and honesty. Their decision-making is influenced by diverse ethical filters aligned with normative ethical theories. For instance, an act is deemed ethical if it does not limit freedom and harm others, conforms to societal norms, benefits others, adheres to laws and rules, instills a sense of righteousness, and stems from good intentions. Furthermore, the study identifies six key qualities defining the concept of good: evoking happiness, being beneficial, proper, pure, preferred, and encompassing both moral and ethical dimensions. The experiences of ethical and unethical acts among participants predominantly relate to themes of inequality versus justice, harshness versus love, ineffective versus effective teaching, inconsistency versus role model behaviors, undesired versus desired relationships with school stakeholders, and the breach versus balance between professional and private life. Overall, this research highlights significant aspects of how preservice teachers perceive the concepts of ethics and good along with unethical behaviors, offering valuable insights for teacher education. (shrink)

Can ethical character be stimulated and enabled? Cognitive understanding of organizational ethics issues is important and necessary, but not sufficient. Ethical behavior does not emerge automatically. Effective political method is necessary. While it may be difficult to teach ethical character, nonetheless, skill development with respect to joined ethics understanding and action-learning methods can help us develop the skills and confidence we need to actualize our ethical characters and social concerns. An action-learning approach to organizational ethics can (...) help stimulate and enable ethical character. (shrink)

Ethical oaths for bankers, economists and managers are increasingly seen as successful instruments to ensure more responsible behaviour. In this article, we reflect on the nature of ethical oaths. Based on John Austin's speech act theory and the work of Emmanuel Levinas, we introduce a performative concept of ethical oaths that is characterised by (1) the existential self-performative of the one I want to be, which is (2) demanded by the public context. Because ethical oaths are (...) (3) structurally threatened by the possibility of infelicity or failure, we stress (4) the behavioural aspect of ethical oaths in economics and business. We conclude that a performative concept of ethical oaths can contribute to more ethical behaviour in economics and business, because the performative involves action and behaviour. At the same time, it becomes clear that a radical new perspective on the nature, function and limitation of oaths is needed. (shrink)

Sometimes, in the Nicomachean Ethics (NE), Aristotle describes virtuous actions as the sorts of actions that are ends; it is important for Aristotle to do so if he wants to maintain, as he seems to at least until NE 10.7-8, that virtuous actions are a constituent of eudaimonia. At other times, he claims that virtuous actions are the sorts of actions that are for the sake of ends beyond themselves; after all, no one would choose to go into battle or (...) give away a significant portion of their wealth if it did not realize some good end. In this paper, I review the familiar problem raised by Aristotle's discussion of the nature of virtuous actions, propose a solution to this problem by appealing to a distinction between virtuous actions and 'acting virtuously', and sketch the significance of this solution for understanding the relationship between virtue and human happiness. (shrink)

Using speech act theory from the Philosophy of Language, this paper attempts to develop an ethical framework for the phenomenon of speech processing. We use the concepts of the illocutionary force and the illocutionary content of a speech act to explain the ethics of speech processing. By emphasizing the different stages involved in speech processing, we explore the distinct ethical issues that arise in relation to each stage. Input, processing, and output are the different ethically relevant stages under (...) which a spoken item or a speech navigates within the range of speech-processing modules. Employing the illocutionary force-content distinction, we specify and characterize the input-related ethical issues, the output-related ethical issues, and the processing-related ethical issues involved in speech processing. Together with illocutionary force-content distinction, we employ the data-information distinction to characterize the stage-wise ethical issues in the phenomenon of speech processing as the ethics of collecting (speech) data, the ethics of contextualizing (speech) data/information, and the ethics of releasing the con-textualized information (processed speech). Immediate ethical issues that arise from the range of speech processing modules are distinguished from distant ethical issues. We also indicate the nature of ethical issues that arise from Speaker Independent speech technologies. (shrink)

This study empirically investigated the impact of ethical leadership on employee burnout, deviant behavior and task performance through two psychological mechanisms: developing higher levels of employee trust in leaders and demonstrating lower levels of surface acting toward their leaders. Our theoretical model was tested using data collected from employees of a pharmaceutical retail chain company. Analyses of multisource time-lagged data from 45 team leaders and 247 employees showed that employees’ trust in leaders and surface acting significantly mediated the relationships (...) between ethical leadership and employee burnout, deviant behavior and task performance. We discuss the theoretical and practical implications of our findings for understanding how ethical leaders influence employees’ attitudes and behavior. (shrink)

How should religion and ethics be studied if we want to understand what people believe and why they act the way they do? An energetic guide to the study of religion and ethics, rejecting theories from postmodernism and cognitive science in favour of a return to pragmatic enquiry.

Digital medicine is a medical treatment that combines technology with drug delivery. The promises of this combination are continuous and remote monitoring, better disease management, self-tracking, self-management of diseases, and improved treatment adherence. These devices pose ethical challenges for patients, providers, and the social practice of medicine. For patients, having both informed consent and a user agreement raises questions of understanding for autonomy and informed consent, therapeutic misconception, external influences on decision making, confidentiality and privacy, and device dependability. For (...) providers, digital medicine changes the relationship where trust can be verified, clinicians can be monitored, expectations must be managed, and new liability risks may be assumed. Other ethical questions include direct third-party monitoring of health treatment, affordability, and planning for adverse events in the case of device malfunction. This article seeks to lay out the ethical landscape for the implementation of such devices in patient care. (shrink)

This chapter reviews fundamental ethical controversy surrounding the ongoing effort to revise the Uniform Determination of Death Act in the United States. Instead of focusing on the process of the revision itself, the chapter explores the underlying ethical debate over brain death that has been ongoing for many decades and finally culminated in this revision. Three issues are focused: the requirement for consent and personal exemptions before applying brain death for the diagnosis of death; redefining the areas of (...) the brain that have ceased to function in the definition of brain death; and codifying the American Academy of Neurology as the authority to issue the standards of the diagnosis of brain death. The chapter concludes that allowing the personal choice of death determination gives a pragmatic compromise to the disputed definition and practice of diagnosing brain death. So long as all risks and imperfections of the diagnosis are accepted through the consenting process, there is nothing ethically objectionable to continuing the current practice of diagnosing brain death as a successful tool to facilitate heart-beating organ donation without violating the dead-donor rule. By contrast, precluding personal choice and imposing legal restrictions to consent and exemptions would further erode public trust. (shrink)

One of the biggest policy interventions during the last year of the COVID‐19 pandemic was the Coronavirus Aid, Relief, and Economic Securities Act, instituting a novel form of economic relief similar to a universal basic income. The economic impact payments, colloquially known as “stimulus checks,” were distributed based on the socioeconomic status of American citizens and legal residents and provided much‐needed financial aid. However, the distribution of these payments paid little attention to other important factors that might determine the economic (...) security of said individuals, such as race and gender. This article calls for policy‐makers to pay particular attention to how structural inequity and discrimination based on identity could affect the efficacy of proposed policies and demonstrate an ethic of care informed by an understanding of intersectionality. (shrink)

_Thinking, Knowing, Acting: Epistemology and Ethics in Plato and Ancient Platonism_ aims to offer a fresh perspective on the correlation between epistemology and ethics in Plato and the Platonic tradition from Aristotle to Plotinus, by investigating the social, juridical and theoretical premises of their philosophy.

The field of ethics in psychology has devoted a great deal of attention to the ethical issues that arise when students and faculty develop mentor–mentee relationships. However, little attention has been given to examining the role of graduate students acting as mentors. Graduate students often supervise and evaluate undergraduates as a part of research and teaching responsibilities, and may act as mentors to more junior graduate students. This article discusses the unique qualities and ethical considerations of graduate students (...) in mentoring relationships. Finally, this article concludes with recommendations on ethical mentorship inspired by the American Psychological Association Ethical Principles of Psychologists and Code of Conduct. (shrink)

This paper considers concerns that social care research may be stifled by health-focused ethical scrutiny under the Mental Capacity Act 2005 and the requirement for an ?appropriate body? to determine ethical approval for research involving people who are deemed to lack capacity under the Act to make decisions concerning their participation and consent in research. The current study comprised an online survey of current practice in university research ethics committees (URECs), and explored through semi-structured interviews the views of (...) social researchers engaged in or exploring work concerning people who may, under the Act, lack the capacity to make decisions to consent to participate in a research programme. The paper concludes that there was a lack of overt knowledge of and reference to the implications of the Act for research and some concerns that a restrictive focus on health-related scrutiny might prevent social care research from taking place. There was also a degree of creativity shown by social care researchers in responding to changing demands and a wish to assist people in making decisions to participate where possible. (shrink)

The Mental Capacity Act is an impressive piece of legislation that deserves serious ethical attention, but much of the commentary on the Act has focussed on its legal and practical implications rather than the underlying ethical concepts. This paper examines the approach that the Act takes to best interests. The Act does not provide an account of the underlying concept of best interests. Instead it lists factors that must be considered in determining best interests, and the Code of (...) Practice to the Act states that this list is incomplete. This paper argues that this general approach is correct, contrary to some accounts of best interests. The checklist includes items that are unhelpful. Furthermore, neither the Act nor its Code of Practice provides sufficient guidance to carers faced with difficult decisions concerning best interests. This paper suggests ways in which the checklist can be developed and discusses cases that could be used in an updated Code of Practice. (shrink)

The leading question of this article is whether it is acceptable, from a moral point of view, to take wild animals that are ill out of their natural habitat and temporarily bring them under human control with the purpose of curing them. To this end the so-called 'seal debate' was examined. In the Netherlands, seals that are lost or ill are rescued and taken into shelters, where they are cured and afterwards reintroduced into their natural environment. Recently, this practice has (...) been criticised because it is thought to interfere with the wildness of the animals and population. In this research, the moral assumptions behind the arguments of both the proponents and opponents of sheltering have been analysed within a morally pluralistic framework. It is concluded that sheltering on too large a scale would be contrary to the efforts of the last few decades to maintain an independent or wild seal population, which means that a certain amount of caution is called for. However, in the current situation there is no decisive reason to completely prohibit shelters either. Good arguments can even be given in favour of sheltering. It also becomes clear that the acceptability of sheltering wild animals depends on the specific circumstances in which an animal is encountered. (shrink)

In Morals from Motives, Michael Slote proposed an agent-based approach to virtue ethics in which the morality of an action derives solely from the agent’s motives. Among the many objections that have been raised against Slote’s account, this article addresses two problems associated with the Kantian principle that ought implies can. These are the problems of “deficient” and “inferior” motivation. These problems arise because people cannot freely choose their motives. We cannot always choose to act from good motives; nor can (...) we always avoid acting from bad ones. Given this, Slote’s account implies that we sometimes cannot do what we ought to do, contrary to Kant’s principle. In this article, I propose an alternative agent-based account which, I argue, circumvents these problems. While people cannot choose their motives, they can choose their intentions. By characterizing virtuous action, as I do, in terms of good intentions rather than in terms of good motives, the conflict between what people can do and what they ought to do is resolved. (shrink)

Taking its direction from references to Black and Indigenous struggles present in Leonard Harris’ oeuvre, this chapter turns to politicized acts of resistance among Black and Indigenous communities. More specifically, the essay traces the functions of cultural pluralism, value relativism, and representative heuristics within solidarity work that enact logics of resistance to settler colonization and anti-Black racism, among other forms of oppression. Through this analysis, we see that Harris’ views about insurrection and normativity entail that both oppression and resistance are (...) the result of multiplicitous forms of agency. (shrink)

the proclivity of many people to classify human acts as good or bad calls into mind the import of ETHICS. The penchant for classification warrants the evaluation of the bases for saying that one is bad or good action. Normally, human act is ethical if it is in accordance with what one would relatively expect in view of the events or the circumstances and unethical if the action is not called for by the circumstances, or a person whose behavior (...) is disorderly and inconsistent. The same observations harbor on perception rather than on paradigms and frameworks which ethicists have somehow perfected to classify bad behavior into one division and good behavior into another. The study of ETHICS will therefore increase proficiency at least in moral decision making. Likewise, knowledge of the course will give students certain techniques for evaluating others’ action as moral or immoral, including their own. ETHICS is the science of action but the action herein alluded to is not the action that concerns those that are unconscious and spontaneous. Action here is that resulting from intellect and will herein referred to as human act. ETHICS is both a theoretical and a practical discipline. The language of ethics refers to rights, duties, and values. One of the goals of ethics is to explore the nature of moral experience, its universality, and its diversity. Another is to provide intellectual analysis of values, and value conflicts in order to define man’s duties. Also, it is oriented toward the determination of right decisions. In order to do that, it is necessary to go step by step, analyzing, first, the facts of the case, second, the values at stake, and third, the duties. In short, ETHICS has the very practical purpose of helping us to choose, decide, and act morally. It should enable us to discover defects in the action of others and to avoid defects in our own action. (shrink)

End-of-life disputes in Ontario are currently overwhelmingly assessed through the singular lens of patient autonomy. The current dispute resolution mechanism does not adequately consider evidence-based medical guidelines, standards of care, the patient’s best interests, expert opinion, or distributive justice. We discuss two cases adjudicated by the Consent and Capacity board of Ontario that demonstrate the over emphasis on patient autonomy. Current health care policy and the Health Care Consent Act also place emphasis on patient autonomy without considering other ethically defensible (...) factors. We argue that current policy and legislation require amendment, and unless there are measures undertaken to modify them, both the quality of care provided and the long-term capabilities of the health care system to remain publicly-funded, comprehensive and equitable, are at stake. (shrink)

This paper takes as its starting point the phenomenon of young lawyers in ethical crisis. The teaching of ethics in the classroom and the ethos and environment of the law firm have created dissonance: knowing what it is right to do but being unable to do it. In examining this phenomenon, we develop the idea of commitment as a source of duty, loyalty, and courage that enables someone to accept and overcome reluctance to act ethically. Our conceptual framework combines (...) two models: Fineman’s radical view that vulnerability is universal, but ameliorated by the assets available to the individual, and Rest’s four component model that provides a taxonomy of precursors for ethical action and resilience. We consider how the structures and the relationships between law schools, regulators and law firms, acting in combination, support or degrade ethical resilience and development of a commitment to ethical action. We close by considering how changes to the structure planned by one regulator in England and Wales deplete the assets available to the young lawyer and thereby the profession. (shrink)

As the artificial intelligence (AI) ethics field is currently working towards its operationalisation, ethics review as carried out by research ethics committees (RECs) constitutes a powerful, but so far underdeveloped, framework to make AI ethics effective in practice at the research level. This article contributes to the elaboration of research ethics frameworks for research projects developing and/or using AI. It highlights that these frameworks are still in their infancy and in need of a structure and criteria to ensure AI research (...) projects advance in a way that respects norms and principles. This article proposes to draw from the European Union’s AI Act currently in development to shape these frameworks. Although, in the current form of the draft (as of August 2023), the obligations of the AI Act do not apply to scientific research, it is most likely that they will still have a strong impact on AI research considering the need to anticipate market placement or to test new tools in real world conditions. This article investigates what the risk-based approach in the AI Act implies for research ethics and highlights some AI Act obligations of particular value to implement for ethics review processes. (shrink)

The cosmetics, detergents and food industries trial development products using healthy human volunteer studies. They also use human tissue for in vitro investigations. Hitherto, the ethics of such work has not been regulated. The UK Human Tissue Act will have legal implications on current arrangements for such studies within the industry, especially with regards to informed consent and seeking ethical review of research proposals. At present, however, it is unclear who will fund ethical review for use of ‘relevant (...) material’ in non-medical research, and on the required status of ethics committees to review such work. The principles behind the sampling, storage and processing of ‘relevant material’ are largely identical whether it be for medical or non-medical investigations. It is argued, therefore, that this is further justification for industry and professional bodies to adopt best practice of ethical review for all studies in ‘grey areas’ outside the scope of regulations. This would follow closely those standards applied to biomedical research. (shrink)

Alasdair MacIntyre explores some central philosophical, political and moral claims of modernity and argues that a proper understanding of human goods requires a rejection of these claims. In a wide-ranging discussion, he considers how normative and evaluative judgments are to be understood, how desire and practical reasoning are to be characterized, what it is to have adequate self-knowledge, and what part narrative plays in our understanding of human lives. He asks, further, what it would be to understand the modern condition (...) from a neo-Aristotelian or Thomistic perspective, and argues that Thomistic Aristotelianism, informed by Marx's insights, provides us with resources for constructing a contemporary politics and ethics which both enable and require us to act against modernity from within modernity. This rich and important book builds on and advances MacIntyre's thinking in ethics and moral philosophy, and will be of great interest to readers in both fields. (shrink)

Act-utilitarianism is often criticized as an unreasonably demanding moral philosophy that commits agents to a life of ceaseless and depersonalizing do-gooding. In this essay I argue in Sidgwickian vein that the strenuousness of act-utilitarianism has been greatly exaggerated and that the practical demands of the doctrine in the contemporary world are closer to those of commonsense morality than such critics as Derek Parfit and Brad Hooker allow.

The Mental Capacity Act 2005 placed for the first time research concerning adults lacking mental capacity upon a statutory footing. However, while the legislation which regulates the inclusion of such adults in ‘intrusive research’ safeguards researchers and research participants alike some controversy remains as to its implementation. This paper focuses upon two specific issues raised by the legislation. First, what constitutes ‘intrusive’ research and whether all issues concerning research involving adults lacking mental capacity should be referred to NHS research ethics (...) committees. Secondly, the role of one of the statutory safeguards–the ‘consultee’. These are individuals who are to be consulted regarding the inclusion of adults lacking mental capacity in research. It contrasts the ‘personal’ and ‘nominated’ consultees and considers whether there is a risk that the legislation may result in a new ‘quasi profession’ of consultees in the future. (shrink)

This study examined the impact of perceived ethical culture of the firm and selected demographic variables on auditors' ethical evaluation of, and intention to engage in, various time pressure-induced dysfunctional behaviours. Four audit cases and questionnaires were distributed to experienced pre-manager level auditors in Ireland and the U. S. The findings revealed that while perceived unethical pressure to engage in dysfunctional behaviours and unethical tone at the top were significant in forming an ethical evaluation, only perceived unethical (...) pressure had an impact on intention to engage in the behaviours. Country was also found to have a significant impact, with U. S. respondents reporting higher ethical evaluations and lower intentions to engage in unethical acts than Irish respondents. Implications of the findings and areas for future research are discussed. (shrink)

This study examined the impact of perceived ethical culture of the firm and selected demographic variables on auditors’ ethical evaluation of, and intention to engage in, various time pressure-induced dysfunctional behaviours. Four audit cases and questionnaires were distributed to experienced pre-manager level auditors in Ireland and the U.S. The findings revealed that while perceived unethical pressure to engage in dysfunctional behaviours and unethical tone at the top were significant in forming an ethical evaluation, only perceived unethical pressure (...) had an impact on intention to engage in the behaviours. Country was also found to have a significant impact, with U.S. respondents reporting higher ethical evaluations and lower intentions to engage in unethical acts than Irish respondents. Implications of the findings and areas for future research are discussed. (shrink)

The Americans With Disabilities Act (ADA) promotes social justice by protecting disabled persons from discrimination and prejudice. It seeks equality of opportunity for them and protects their well being by giving them fair access to goods, services and benefits. These rights are circumscribed in the ADA, however, by constraints of cost, efficiency, utility, and certain social mores. The ADA offers little direction about how to set priorities when these values come into conflict, or about whether equality of opportunity favors equivalent (...) or preferential treatment for disadvantaged people. Until these ambiguities and potential value conflicts are resolved, a central moral and social problem remains unresolved: How can we demonstrate commitment to the rights and welfare of those with severe disabilities while placing fair limits upon their claims? Five special concerns are discussed: (1) eligibility and the allocation of health care; (2) the meaning of ‘qualified but disabled’ in employing people with mental disabilities; (3) equal opportunity and problems of envy and malingering; (4) ADA accommodation and public protection through testing and licensure; and (5) ADA protection and problems of backlash. Rather than simply wait to see what courts and administrative agencies decide, we should evaluate the moral conflicts, articulate criteria, and help make some difficult choices on morally defensible grounds. Keywords: disabled, health benefit plans, health care rationing, health care reform, health priorities, health services accessibility, Oregon, Rawls, selection bias, social justice CiteULike Connotea Del.icio.us What's this? (shrink)

Ethical conflicts have always been connected with new techniques of reproductive medicine such as in-vitro fertilization. The fundamental question is: When does human life begin and from which stage of development should the embryo be protected? This question cannot be solved by scientific findings only. In prenatal ontogenesis there is no moment during the development from the fertilized oocyte to a human being which could be recognized as an orientation point for all ethical problems connected with the question (...) of the right to dispose of prenatal life (interruption of pregnancy, research on embryos). The protection of an individual human life must be valid for all in the same manner and from the very beginning on. It must not depend on value judgments or on stages of development, so-called grades of humanity, because these would then become selection criteria. Procreated life must have the right to be born. These were the essential ethical arguments which led to the German Embryo Protection Law. (shrink)

Ethical conflicts have always been connected with new techniques of reproductive medicine such as in-vitro fertilization. The fundamental question is: When does human life begin and from which stage of development should the embryo be protected? This question cannot be solved by scientific findings only. In prenatal ontogenesis there is no moment during the development from the fertilized oocyte to a human being which could be recognized as an orientation point for all ethical problems connected with the question (...) of the right to dispose of prenatal life (interruption of pregnancy, research on embryos). The protection of an individual human life must be valid for all in the same manner and from the very beginning on. It must not depend on value judgments or on stages of development, so-called grades of humanity, because these would then become selection criteria. Procreated life must have the right to be born. These were the essential ethical arguments which led to the German Embryo Protection Law. (shrink)

Orders for removal under Section 47 of the 1948 National Assistance Act are little discussed. However, they involve severe infringements of the civil liberties of those affected. It is argued that all previously presented justifications for the use of these orders fail. Repeal of the act is called for. The Law Commission has drafted alternative legislation, but this has not been enacted. Until this occurs local authorities, the Faculty of Public Health Medicine and individual public health physicians should refuse to (...) be involved in its use. (shrink)

The Human Organ Transplantation Act came into officially force in Bangladesh on April 13, 1999, allowing organ donations from both living and brain-dead donors. The Act was amended by the Parliament on January 8, 2018, with the changes coming into effect shortly afterwards on January 28. The Act was revised to extend a living donor pool from close relatives to include certain other relatives such as grandparents, grandchildren, and first cousins. The Act was also revised to allow individuals to prioritize (...) family members in receiving their organs after their death. The aim of this paper is not to carry out an ethical analysis of the Act as a whole but only to focus on aspects relating to priority access for family members to organs. Despite Islam encouraging Muslims to be sympathetic, and to save the life of any member of humankind, saving the life of a relative through organ donation is even more highly valued. The collective and extended structure of the family impacts on the provisions of the Act that only allows Bangladeshis to legally donate their organs to save the lives of relatives and allows individuals to prioritize family members. Recent progress in the practice of organ transplantation raises a number of ethical dilemmas around the allocation of available organs in the context of organ scarcity. A key purpose of introducing incentive into the system of organ allocation is to increase the number of donations from living relatives and initiation of vital organ donations from brain-dead donors. However, allocation criteria based on a living organ donation incentive system would appear to be unethical because there is no provision in the Act with regard to financial compensation for a distant relative donor’s post-operative care in the absence of healthcare coverage. Receiving organs from a distant relative without giving financial compensation for post-operative care places them in a grave health condition and violates the biomedical principle of non-maleficence. An incentive system around brain-dead donors would appear to be ethical as the amended Act allows individuals to prioritize relatives in receiving their organs after death. This provision is intended to initiate the transplantation of vital organs from brain-dead donors as families might bear the cost of keeping the organs alive for transplantation. Regular reassessment of the impact of the Act is necessary to maximize the donation rate of transplantable organs using ethical means. (shrink)