Criticisms of the ethical justification of antidoping legislation are not uncommon in the literatures of medical ethics, sports ethics and sports medicine. Critics of antidoping point to inconsistencies of principle in the application of legislation and the unjustifiability of ethical postures enshrined in the World Anti-Doping Code, a new version of which came into effect in January 2009. This article explores the arguments concerning the apparent legal peculiarities of antidoping legislation and their ethically salient features in terms of: (...) notions of culpability, liability and guilt; aspects of potential duplication of punishments and the limitations of athlete privacy in antidoping practice and policy. It is noted that tensions still exist between legal and ethical principles and norms that require further critical attention. (shrink)

In this paper, I explore Kant’s discussion of juridical and ethical laws in the introduction to the Metaphysics of Morals as a whole. Following Marcus Willaschek and early Allen Wood, I pose a dilemma for Kant that I call “the paradox of juridical imperatives”, a dilemma that Willaschek and Wood hold Kant can only avoid by giving up his claim that juridical laws are categorical imperatives. I show how a set of interpretative issues concerning juridical (...) incentives, the content of juridical laws, and the idea of an “indirect” ethical obligations, hang together, and must solved simultaneously in order to address the paradox. I argue, contra Willaschek and Wood, that we can dissolve the paradox, solving the network of issues satisfactorily and affirming the status of juridical laws as categorical imperatives, once we recognize that one can go wrong with respect to a principle while fulfilling the letter of its requirements. The picture that emerges is one on which we can straightforwardly affirm Recht as a moral concept for Kant, while simultaneously representing its distinctive character in his system of morality. (shrink)

The idea of empowerment has gained a significant role in the discourse of poverty. I outline a restricted conception of empowerment inspired by Kant’s idea of rightful honour. According to this conception, empowerment consists in enabling individuals to assert their own human rights (juridical empowerment). I apply this conception to impoverished persons and argue that it is crucial to their self-respect, their so-called ‘power-[from-]within,’ and their political agency, and has a teleological primacy regarding our efforts to reduce poverty. I (...) also defend the idea that there is a moral right to this form of empowerment and a corresponding duty to empower the impoverished as rights-asserters. Juridical empowerment will be compatible with a pluralism of substantive accounts of the moral wrongs of poverty and with broader conceptions of empowerment. (shrink)

In his ‘On a Supposed Right to Lie from Philanthropy’ Kant makes the astonishing claim that one is not entitled to lie even to save a friend from a murderer. This claim has been an embarrassment for Kant's defenders and an indication of Kant's excessive rigour for his detractors. Responses to SRL fall into three main groups. The first of these groups, that of Kant's critics, claim that SRL demonstrates that Kant's ethical views are so rigorous that they become (...) abhorrent in practice. The second group, Kant's defenders, argues that Kant's conclusions in SRL do not follow from his own ethical principles. The third group, made up of scholars who are generally sympathetic to Kant's position, attempts to explain why a liar is responsible for all the bad consequences that follow from his act by providing an account of Kant's theory of imputation. (shrink)

The development in 1996 of a new generation of antiretroviral drugs was a major pharmaceutical advancement in the struggle against the epidemics of HIV and AIDS. However, due to high costs, access to these new drugs was almost impossible for most people living with HIV or AIDS. This situatiowhas been even more dramatic for those living with HIV/AIDS in poorer countries. Many of the organizations that are fighting for the rights of those with HIV have since developed human rights advocacy (...) and legal strategies to try to achieve universal access to treatment. These organizations are also fighting for states’ compliance with human rights obligations under health-related treatises and conventions. This paper draws upon the experience gained in Latin America, focusing on the legal strategies that have been explored in Venezuela and the legal consequences for domestic law. (shrink)

The development in 1996 of a new generation of antiretroviral drugs was a major pharmaceutical advancement in the struggle against the epidemics of HIV and AIDS. However, due to high costs, access to these new drugs was almost impossible for most people living with HIV or AIDS. This situatiowhas been even more dramatic for those living with HIV/AIDS in poorer countries. Many of the organizations that are fighting for the rights of those with HIV have since developed human rights advocacy (...) and legal strategies to try to achieve universal access to treatment. These organizations are also fighting for states’ compliance with human rights obligations under health-related treatises and conventions. This paper draws upon the experience gained in Latin America, focusing on the legal strategies that have been explored in Venezuela and the legal consequences for domestic law. (shrink)

Feminist discussions of ethics in the Western philosophical tradition range from critiques of the substance of dominant moral theories to critiques of the very practice of "doing ethics" itself. I argue that these critiques really target a certain historically specific model of ethics and moral theory-a "theoretical-juridical" one. I outline an "expressive-collaborative" conception of morality and ethics that could be a politically self-conscious and reflexively critical alternative.

The paper firstly reconstructs Mario Calderoni’s criticism of the Jamesian version of pragmatism, which corresponds to his philosophical choice in favor of the ethical value assigned by Peirce to the scientific-experimental method. In this light, I propose a reading of some Calderoni’s arguments concerning the link between the construction of beliefs, practical norms and moral or legal responsibility, trying to reassess his criticisms of James and then his conception of philosophy as a practical and therapeutic activity. The latter will (...) be discussed considering Wittgenstein’s analysis of intentional verbs and Calderoni’s approach to the issues of freedom, of the definition of voluntary acts as well as of individual responsibility, both moral and legal. In particular, I will focus on the paradigm shift suggested by Wittgenstein with regard to the problem of human will, which seems useful for enhancing Calderoni’s pragmatist insights. (shrink)

Interdisciplinary essays on the ethical issues which encompassed the trials and Code of Nuremberg have been collated from researchers from various countries in fields as diverse as medicine, bioethics, psychoanalysis, history, philosophy, Jewish thought, law, and ethics. The book focuses on five main areas: the juridical originality of the Nuremberg trials; the scientific, epistemological, and psychoanalytic backgrounds of racism and anti-Semitism; the biomedical and bioethical issues of the Nuremberg Code; a post-Nuremberg historical, ethical, and philosophical study of (...) the notion of a 'crime against humanity'; and the Jewish perspective on purity, impurity, race, and the universal ethical expectations of mankind. The goal of the interdisciplinary study is to outline the necessary components of a bridge between science ethics, and ethics and law. (shrink)

When it is ethically justifiable to stop medical treatment? For many Muslim patients, families, and clinicians this ethical question remains a challenging one as Islamic ethico-legal guidance on such matters remains scattered and difficult to interpret. In light of this gap, we conducted a systematic literature review to aggregate rulings from Islamic jurists and juridical councils on whether, and when, it is permitted to withdraw and/or withhold life-sustaining care. A total of 16 fatwās were found, 8 of which (...) were single-author rulings, and 8 represented the collective view of a juridical council. The fatwās are similar in that nearly all judge that Islamic law, provided certain conditions are met, permits abstaining from life-sustaining treatment. Notably, the justifying conditions appear to rely on physician assessment of the clinical prognosis. The fatwās differ when it comes to what conditions justify withdrawing or withholding life- sustaining care. Our analyses suggest that while notions of futility greatly impact the bioethical discourse regarding with holding and/or withdrawal of treatment, the conceptualization of futility lacks nuance. Therefore, clinicians, Islamic jurists, and bioethicists need to come together in order to unify a conception of medical futility and relate it to the ethics of withholding and/or withdrawal of treatment. (shrink)

Presenting an outline of the version of Islamic ethics that is embedded in the textual legacy of the Islamic legal tradition, Abdulaziz Sachedina argues that this juridical ethics is an important, even dominant form of ethics in modern Islam. He notes that this form of ethics has been challenged by modernity and examines the variety of ways in which legal ethical thinkers have reacted to these challenges.

PurposeThe aim of this paper is to assess the complex issue of responsibility in clinical practice. The paper focuses mainly on the relationship between personal- and medical-professional responsibility of practitioners and clinical guidelines.MethodsAfter a theoretical review of the different definitions of responsibility in selected bioethical and biojuridical literature, two recent juridical proceedings concerning medical responsibility from Italian Courts are discussed. Subsequently, a theoretical analysis of the definition of clinical practice guidelines is proposed in order to show their feasibility to (...) assess personal- and medical-professional responsibility.ResultsThe definitions of responsibility and the two Italian cases show the theoretical and practical difficulties of shared assessments of both personal-professional and medical-professional responsibility in clinical practice. Clinical practice guidelines cannot be assumed as an objective code of action stating exactly a rule of conduct in all situations, but as a tool suggesting how to decide what to do in different conditions.ConclusionsResponsibility in clinical practice is such a complex issue to deserve a special ethical assessment. The clinician’s personal-professional responsibility cannot be replaced or reduced by clinical practice guidelines, because medicine is as such a relationship focused on the expertize of practitioners. Nonetheless, a shared approach to different clinical conditions is needed in order to avoid a relativist outcome and protect patients’ and even clinicians’ rights. Formal guidelines (that describe not exactly what to do but how to decide what to do) are proposed as potential useful tool to achieve this aim. (shrink)

In the Doctrine of Right Kant holds that the classical Ulpian command honeste vive is a juridical duty that has the particular feature of being internal. In this paper I explore the reasons why Kant denies that the duty to be an honorable human being comprises an ethical obligation and conceives it as a juridical duty to oneself. I will argue that, despite the conceptual problems that the systematical incorporation of this type of duty into the doctrine (...) of morals might entail, these reasons are coherent. The fulfillment of the duty honeste vive involves a coercion to the self but at the same time does not necessarily imply the adoption of a moral end. (shrink)

In recent years there has been a marked increase in interest in animal welfare issues worldwide. This subject often evokes extreme points of view, and can be both intellectually challenging and emotionally dividing. It is undeniably a field where substantial progress has taken place, with a multitude of countries worldwide implementing their own animal welfare and protection laws. However, calls continue to be voiced for more extensive and courageous measures to be taken concerning both the content and the enforcement of (...) animal welfare legislation. To highlight a variety of these promising and noteworthy ideas this article outlines and examines some selected and qualified aspects of a potential juridical approach to the subject by consulting the legal systems of Austria and Germany under this particular premise. The aim will be to ascertain the extent to which animals have been granted consideration and protection, for instance in spheres of Constitutional or Civil Law. What options exist to safeguard an animal by a legally founded and secured position, and on which rank in the legal system could such provisions possibly be established? Ideally, a complete legal network on all possible levels of the legal system should be developed, ensuring a comprehensive and an all-embracing protection of the individual animal. (shrink)

This work examines Michel Foucault’s critique of the present, through his analysis of our hidden but still active historical legacies. His works from the Eighties are the beginning of what he called a “genealogy of the desiring subject,” in which he shows that practices such as confession—in its juridical, psychological, and religious forms—have largely dictated how we think about our ethical selves. This constrains our notions of ethics to legalistic forbidden/required dichotomies, and requires that we engage in a (...) hermeneutics of the self which consistently fails to discover its imagined authentic self, or to find the happiness and freedom promised by contemporary ethics. In order to think the modern self in different terms, Foucault’s later works analyzed Classical and Hellenistic ethical sources, emphasizing their distance from today. He hoped doing so would allow us to rethink our current assumptions about ethical matters, the truth of oneself, and the relation to others. While Foucault’s genealogical descriptions critically diagnosed contemporary ills such as these, he did not prescribe a cure, preferring to let his readers experiment with new practices of their own design. This work attempts such an experiment, supplying concrete solutions to our ethical ills, in order to help us improve, as well as understand, our ethical selves. To that end, this work demonstrates that a form of subjectivity based on Benedict Spinoza’s ethical and political works avoids the pitfalls of modern ethics as diagnosed by Foucault. Additionally, the practices of the self found in Spinoza can be used to directly counter and displace each central element of “desiring subjectivity,” and thus supplies the kind of effective positive move which should follow after genealogical critique. (shrink)

This book proposes that the highest expression of ethics is an aesthetic. It suggests that the quintessential performance of any field of practice is an art that captures an ethic beyond any literal statement of values. This is toadvocate for a shift in emphasis,away from current juridical approaches to ethics (ethicalcodes or regulation), toward ethics as an aesthetic practice-away from ethics as a minimal requirement, toward ethics as an aspiration. The book explores the relationship between art and ethics: a (...) subject that has fascinated philosophers from ancient Greece to the present. It explores this relationship in all the arts: literature, the visual arts, film, the performing arts, and music. It also examines current issues raised by 'hybrid' artists who are working at the ambiguous intersections between art, bioart and bioethics and challenging ethical limits in working with living materials. In considering these issues the book investigates the potential for art and ethics to be mutually challenged and changed in this meeting. The book is aimed at artists and students of the arts, who may be interested in approaching ethics and the arts in a new way. It is also aimed at students and teachers of ethics and philosophy, as well as those working in bioethics and the health professions. It will have appeal to the 'general educated reader' as being current, of considerable interest, and offering a perspective on ethics that goes beyond a professional context to include questions about how one approaches ethics in one's own life and practices. (shrink)

I attempt to vindicate our authority to create new practical reasons for others by making choices of own own. In The Doctrine of Right Kant argues that we have an obligation to leave the Juridical State of Nature and found the state. In a less familiar passage in Religion within the Bounds of Mere Reason he argues for an obligation to leave what he calls the Ethical State of Nature and join together in the Moral Community. I read (...) both texts as addressing and trying to resolve a tension between our individual freedom and our authority to make claims on one another. I explicate the political argument, and then develop the view that Kant sketches in the Religion, arguing that regarding others as capable of making choices that give you reasons to act is a condition of the full exercise of your autonomy. (shrink)

In order to build on the information that was obtained in the course of the first study, a follow-up survey was conducted first by phone and subsequently in a written form between August and October 2014. We contacted 1.858 hospitals in all of Germany for the follow-up survey by phone. In cases where a hospital had not participated in the first study, the willingness to participate in the follow-up survey was established in advance. The survey’s dispatch was ensured in the (...) case of acceptance. The same structured survey was used as a research tool. The data of the first study and the follow-up survey were merged and evaluated. 654 surveys could be evaluated altogether. Our survey by phone revealed that 912 hospitals in all of Germany have at least one form of clinical ethics consultation available. The health care ethics committee is the most frequently implemented structure of clinical ethics consultation. The implementation of clinical ethics consultation is dependent on sponsorship and hospital size. Recommendations to deliver structures of clinical ethics consultations have a smaller influence on the implementation compared to the certification by KTQ respectively proCum Cert. The rate of implementation in regard to the structures of clinical ethics consultation has steadily increased for years. The establishment of clinical ethics consultation in German hospitals should be further promoted. It would be desirable further to develop suitable juridical regulations in order to implement clinical ethics consultation as well as structural parameters. (shrink)

Part I. Narratives and Norms -- 1 Tradition and development: Engaging John T. Noonan, Jr. -- 2 Creation and covenant: Engaging Stanley Hauerwas -- 3 Examples and rules-Engaging Jeffrey Stout -- Part II Love, Justice, and Law -- 4 Neighbor love and legal precedent: Engaging Gene Outka -- 5 Compassionate respect and victims' voices: Engaging Margaret Farley -- 6 Covenant fidelity and culture wars: Engaging Paul Ramsey -- Part III Legal Categories and Theological Problems -- 7 Juridical insights and (...) theological disputes: Engaging Robert E. Rodes, Jr. -- 8 Second chances and statutes of limitations: Engaging Walter Kasper -- 9 Legalism and christian ethics: Engaging Grisez and Engelhardt. (shrink)

Deferred prosecution agreements (DPAs) are legal means, alternative to trial, for the resolution of criminal business cases. Although DPAs are increasingly used in the US and are spreading to other jurisdictions, the ethics of DPAs has hardly been subjected to critical scrutiny. We use a multidisciplinary approach straddling the line between philosophy and law to examine the ethics of DPAs used to resolve cases of multinational enterprises’ (MNEs) foreign corruption. Deontologically, we argue that the normativity of DPAs raises critical concerns (...) related to the notion of justice as punishment, with serious cases of international corruption resolved with minimal retribution for offending MNEs. Taking a utilitarian ethical perspective, we also evaluate the effect of DPAs on MNEs’ tendency to self-regulate or re-offend. Our conclusion, supported by critical analysis of the juridical literature and case evidence on MNEs’ recidivism, is that DPAs do not foster ethical behavior. (shrink)

Real Ethics is a hard-hitting critique of contemporary moral theory from a realist point of view by John M. Rist, Professor Emeritus of philosophy and classics at the University of Toronto. His previous works include Plotinus: The Road to Reality, The Mind of Aristotle, and Augustine: Ancient Thought Baptized. Addressing what he calls the deception, equivocation, outright lying, and humbug that pass for contemporary moral discourse—humbug that extends from the universities into the marketplace, legislative assemblies, and juridical bodies—Rist offers (...) a defense of traditional Christian morality grounded in classical metaphysics. In rather forceful language he writes that there is “no need to look in the public lavatory for the lowest common denominator.” The habits of what was low life morality have become the norms of moral and political discourse. “In the wake of any clear sense of what ‘low life’ might suggest, intellectuals are becoming ‘downwardly mobile’ and while losing their grip on an overall concept of virtue, often see such a direction as in itself virtuous and high minded or sentimentally as solidarity with the marginalized or dispossessed.”. (shrink)

It is surprisingly difficult to justify private property. Two questions are at stake: (a) a metaphysical and juridical one concerning the nature of property and (b) an ethical one concerning our attitude toward wealth. This issue reached an unprecedented importance during the 12th and 13th centuries as a new moral ideal emerged. This essays analyses the controversy (with emphasis on Bonaventure’s Defense of the Mendicants) by first locating it in relation to the philosophical and theological authorities as well (...) as the Roman law. It argues that the dispute between the defenders of paupertas altissima and their opponents concerns the limit of the law. Gerard of Abbeville and John XXII saw a contradiction in a right to use that would exclude ownership. Yet, what the Franciscans were seeking was use without right. To relate to the world as something that is essentially inappropriable is to seek a form of life (a rule) prior to the law. Centuries after, such a possibility remains to be discovered. (shrink)

In Selfless Cinema?, Sarah Cooper maps out the power relations of making, and viewing, documentaries in ethical terms. The ethics of filmmaking are often examined in largely legalistic terms, dominated by issues of consent, responsibility, and participantse(tm) or film-makerse(tm) rights, but Cooper approaches four representative French film-makers e" Jean Rouch, Chris Marker, Raymond Depardon, and Agns Varda e" in a far less juridical way, drawing on the ethical philosophy of Emmanuel Levinas. She argues that, in spite of (...) Levinase(tm)s iconoclastic, anti-ocular thinking, his concept of visage is richly applicable to film, and especially to documentary. (shrink)

This chapter covers the traditional role of responsibility, and the possible connections between response and responsibility. These connections are explored through the advance of trust and the surplus of the extraordinary in relation to the Third Party. The idea of responsibility comes from the sphere of juridical law, and has a theological touch. The classical conception presented suffers from a permanent erosion that is reinforced by systemic constraints. Trust is a natural element of every community that is together applied (...) by common aims in life. The phenomenon of trust refers to the bond, the nexus, which holds together the members of a community, creating the requisite solidarity. The term ‘trust’ or ‘confidence’ should not primarily read as a substantive, but as a verb or as the derivative of a verb. Furthermore, it is noted that the responsive ethics proposed could function as a permanent corrective. (shrink)

Under Chinese law, the juridical status of the embryo and the foetus is unclear, mainly because the existing legislation can be subject to diverse interpretations due to its ambiguous language. Lack of clarity with the law has led to different understandings amongst Chinese legal scholars. However, although there has been no consensus, there has been a clear tendency to deprive embryos and foetuses of legal status or personhood, thereby excluding them from entitlement to fundamental rights, an understanding reinforced by (...) the Confucian view of the beginning of life. It is expected that in the near future the Chinese courts will face issues involving embryos and foetuses more often, such as disputes over in vitro embryos. The lack of legal precedent could result in contradictory resolutions, therefore, the law should clarify the legal status of embryos and foetuses and accord to prenatal life special respect and treatment. (shrink)

Thus far in the development of the discipline of medical ethics, the overriding concern has been with solutions to specific problems. But discussion is hampered by lack of understanding of the scope and methodology of medical ethics, and its scientific and philosophical basis. In Underpinnings of Medical Ethics Edmond A. Murphy, James J. Butzow, and Edward L. Suarez-Murias offer much-needed clarification of the purview, ontological basis, and methodology of a medical ethics that is to be comprehensive and yet readily accepted (...) by all. The authors begin by describing the scope of the analysis and discussing possible ethical systems and paradigms. They then deal with the structures and concepts necessary in the formulation of a coherent philosophy: normality and disease, scientific and juridical law, certainty and certitude, decisions. Finally, they introduce particular human dimensions, such as quality of life, pain, and responsibility. Throughout, case examples illustrate the authors' theoretical framework. (shrink)

Although euthanasia is seen as the problem of the individual will and as one’s right to privacy, to a better quality of life or to a dignified death, it has major institutional implications. They are closely related to the juridical system, to the way of understanding state involvement in protecting the individuals and respecting their freedoms, to the institutional system of health care, to the government rules that establish social, political or professional practices. The public debate around the topics (...) related to the human condition, like euthanasia, grants a special force to public communication, to organizational communication, to communication in professional environments, to physician-patient communication and, more generally, to interpersonal communication. In this text we emphasize the importance of public debate on euthanasia from the perspective of organizational ethics, of medical deontology, of patients’ rights, but especially of elaborating public policies and national programs, and we underline the importance of the need to establish protocols for health care, as well as to build a framework of democratic communication. (shrink)

Is morality relative? Does it depend on one's perspective or on external circumstances? It has become popular, even commonplace, to assert that what is moral is dependent on one's situation. Dietrich von Hildebrand saw this trend coming, and at the earliest outset he authored this book as a refutation of "situation ethics" and an affirmation of the unchanging and universal call of true morality. The book takes up the central challenge of situation ethics to argue, definitively, that some actions are (...) always and in every situation wrong. But Hildebrand is sensitive to the special circumstances of individual people's lives, and he does far more than simply offer judgment. He leads us first to understand the allure of "self-righteousness," of "the tragic sinner," and of "sin mysticism," and how these can obscure true morality. _____ "Through the wealth and carefulness of his analyses, along with the skill with which he discovers the kernels of truth and beauty wherever they are to be found, von Hildebrand uncovers the errors of false situation ethics. But at the same time, he finds fault also with self-righteous, complacent mediocrity, and juridical moralism that is false and lifeless. Thus he clearly sets forth the uniqueness of Christian morality." - Bernard Häring "The Augustinian tradition is a great one in Christian philoso­phy and in Dr. von Hildebrand's work one finds an example of how alive, wholesome, and sound it can be today, and how very much in contact with what is of value in contemporary thought. Clearly all can profit very much from this work." - Germain Grisez. (shrink)

Margaret Walker's Moral Understandings offers an “expressive-collaborative,” culturally situated, practice—based picture of morality, critical of a “theoretical-juridical” picture in most prefeminist moral philosophy since Henry Sidgwick. This essay compares her approach to ethics with that of John Rawls, another exemplar of the “theoretical-juridical” model, and asks how Walker's approach would apply to several ethical issues, including interaction with animals, social reform and revolution, and basic human rights.

: Margaret Walker's Moral Understandings offers an "expressive-collaborative," culturally situated, practice-based picture of morality, critical of a "theoretical-juridical" picture in most prefeminist moral philosophy since Henry Sidgwick. This essay compares her approach to ethics with that of John Rawls, another exemplar of the "theoretical-juridical" model, and asks how Walker's approach would apply to several ethical issues, including interaction with (other) animals, social reform and revolution, and basic human rights.

Space provides the major context for environmental interactions, both social or physical. In Africa the use of space is mediated by sociocultural values, beliefs, and norms. Segments of space from the room to the village square and surrounding natural environment have domains of cultural rules, symbols, and meanings assigned to them with import for environmental behavior and action among elders, children, and women. They illuminate aspects of the social enforcement of three forms of environment-related rules: “prescriptive,” mediating, and community-assigned environmental (...) codes/taboos, some of which may require purification rites for violations. Several transgenerational eco-thoughts and eco-fantasies embedded in social practices have significant bearing on sustainable environmental conservation. Five major contexts are in deep interplay between community environmental ethics and environmental action: the adoption and evocation of spiritualized rules in regulating the use of space; the declaration of sacred grounds and territories to bound people; the evolution of time-and place-related rules; the use of physical designs to secure behavioral expectations; and the role of “regulatory social institutions” in the enforcement of environmental codes. They point to the fact that cultural and social meanings assigned to the ordinary physical environment are important in deconstructing peoples’ use of space. While traditional communal environmental norms can be given preeminence, their correlates in cosmopolitan societies are exemplified in the complex formal rules sometimes employed in regulating the use of space, creating a juridical order in the drive for efficiency and profit in capitalistic societies. (shrink)

This paper considers the structure of the ethical subject found in Foucault’s late works on ethics, and gives an account of his two major ethical concepts: “care of the self” and “aesthetics of existence.” The “care of the self,” it is argued, gives Foucault a way of conceptualising ethics which does not rely on juridical categories, and which does not conceive the ethical subject on the model of substance. The “care of the self” entails an understanding (...) of the ethical subject as a process which is always in a relation, specifically in a relation to itself. Using his essay “What is an Author,” it is argued that the subject of the “aesthetics of existence,” like the author of a text, is understood to be fully immanent to the “object” which it is usually considered to be opposed to and separated from. Rather than aiming at a true expression of an “authentic” inner substance, Foucault’s “aesthetics of existence” leads instead to practices of “creativity,” whose form cannot be given in advance. (shrink)

This article aims to show how the traditions of ethical reasoning and policy-making shape stem cell research in Britain. To do so I give a detailed account of the earlier developments of regulations on embryo research and the specific scientific advances made in Britain. The subsequent regulation of stem cell research was largely predetermined by those structures and the different and partly opposing orientations of a utilitarian approach to policies on biomedicine. The setting up of the first stem cell (...) bank and the directing of public funding into not only bioethical but also sociological guidance of the development of the new science field are aspects of the particular British way of supporting stem cell research. However, there is also an ongoing philosophical and juridical debate on the possible erosion of fundamental values caused by incremental regulatory weakening. Although I am highly sympathetic to the critical position that there is a need for a metaphysical anchor to secure individual human rights, one has to admit that the British mode of handling the inevitable ethical problems we face with biomedical progress is rather successful in terms of securing some of the basic needs and values of a modern democratic society. (shrink)

The meaning of justice can be defined according to a juridical, human, theological, ethical, biomedical, or social perspective. It should guarantee the protection of life and health, personal, civil, political, economic, and religious rights, as well as non-discrimination, inclusion, protection, and access to care. In this review, we deal with three theoretical concepts that define justice in all its aspects. (1) The utilitarian theory, which justifies moral statements on the basis of the evaluation of the consequences that an (...) action produces, elaborating a pragmatic model of medical science. (2) The libertarian theory, which considers freedom as the highest political aim, thus absolutizing the rights of the individual; here, the principle of self-determination, with respect to which the principle of permission/consent is the fundamental presupposition, plays a central role in the definition of the person. (3) The iusnaturalist theory, in which man’s moral freedom is identified with the ability to act by choosing what the intellect indicates to him as good; the natural moral law that drives every conscience to do good is therefore realized in respect for the person in the fullness of his rights. In conclusion, different forms and conceptions of justice correspond to different organizations of society and different ways of addressing ethical issues in the biomedical domain. (shrink)

This essay argues that Latinx philosophers are not only already providing important and original contributions to standard open-borders debates, but also changing the very nature of the ethics of migration. In making this case, the essay is divided into two parts. The first summarizes some of the important and original contributions of Latinx philosophers to the standard open-borders debate. Among the highlights are Jorge M. Valadez’s “conditional legitimacy of states” argument; José-Antonio Orosco’s communitarian-based argument for a more liberalized admissions policy; (...) Javier S. Hidalgo’s claim that people have a moral right (and often an obligation) to disobey immigration laws; J. Angelo Corlett’s defense of immigration restrictions on grounds that such restrictions serve to protect Indigenous people’s sovereignty and rightful claims to territory; and Amy Reed-Sandoval’s freedom of movement argument based on the collective right of trans-border communities. The second section outlines four ways Latinx philosophers have pushed discussions within the ethics of migration beyond the standard open-borders debate. First, they have made persuasive arguments about why we ought to reject, or at least be suspicious of, approaches to migration justice that begin by assuming the legitimacy of states. Second, they argue that the issue of enforcement has been overlooked in standard open-borders debates. Third, they argue that philosophers must not avoid dealing with the social (as opposed to merely juridical) implications of labeling people “illegal” or “anchor babies.” Fourth, they show how current debates over the ethics of migration are too Euro- or Anglo-centric and therefore could benefit from the inclusion of non-European and non-Anglo voices. (shrink)

Thanks to Axel Honneth, recognition theory has become a prominent fixture of critical social theory. In recent years, he has deployed his recognition theory in diagnosing pathologies and injustices that afflict institutional practices. Some of these institutional practices revolve around specifically juridical institutions, such as human rights and democratic citizenship, that directly impact the lives of the most desperate migrants. Hence it is worthwhile asking what recognition theory can add to a critical theory of migration. In this paper, I (...) argue that, although its contribution to a critical theory of migration is limited, it nonetheless carves out a unique body of ethical insights related to diagnosing the interpretative and epistemic pathologies and injustices associated with the legal processing of migrants’ claims for asylum. Going beyond discourse ethics, which mainly highlights procedural violations of legislative and judicial deliberation, it trains our gaze on the institutional biases that lead migrants to be misrecognized or under-recognized as credible witnesses to their own refugee status. (shrink)

Kant formulated a secular argument against suicide’s permissibility based on what he regarded as the intrinsic value of humanity. In this paper, I first show that Kant’s moral framework entails that some types of suicide are morally permissible. Just as some homicides are morally permissible, according to Kant, so are suicides that are performed according to equivalent maxims. Intention, foreseeability, voluntariness, diminished responsibility, and mental capacity determine the moral characterization of the killing. I argue that a suicide taxonomy that differentiates (...) types of suicide according to morally relevant criteria is compatible with Kantian ethics; it establishes that even where we hold a robust deontological sanctity of life position, we are not obligated to preserve the lives of people whose future life only offers profound suffering, and helping them to die may be justifiable if doing so honors their dignity and autonomy. Nevertheless, homicide and suicide are only weakly morally symmetrical in that even if a given suicide is morally impermissible, we do not normally have the right to prevent it forcibly, though this may be altered by juridical laws under some circumstances. (shrink)

Starting as a scientific presentation of the phenomenon of cloning, in which etymology, the definitions and some already classical examples are emphasized, this paper actually focuses on a less discussed perspective in nowadays debates on cloning. Thus, the paper aims at showing which are (if any) the mythical-religious structures of cloning, certainly without ignoring the social consequences, the advantages and disadvantages and the juridical effects of cloning. Discussing Mircea Eliadeís novella Les trois graces, the purpose of explaining the subtle (...) reactivation of ancient mythical-religious phantasms by the means of a contemporary scientific experiment such as cloning is reached. (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.

Abstractabstract:This article provides an in-depth ethical analysis of living donor uterus transplantation, incorporating clinical, psychological, and qualitative study data into the discussion. Although the concept of living organ donors as patients in their own right has not always been present in the field of transplantation, this conceptualization informs the framework for living donor ethics that we apply to living uterus donation. This framework takes root in the principles of research ethics, which include respect for persons, beneficence, and justice. It (...) incorporates an analysis based on eight potential vulnerabilities of living donors: capacitational, juridic, deferential, social, medical, situational, allocational, and infrastructural. Finally, it recognizes that special relationships—such as that of the living donor advocate with the potential donor—require special responsibilities, including identifying vulnerabilities and engaging donors in a shared decision-making process. Directed and non-directed uterus donors require separate ethical analyses because their different relationships with recipients will influence the types of vulnerabilities, they are subject to as well as the potential benefits they may gain from donation. (shrink)

In Religion within the Bounds of Bare Reason Kant speaks of an ethical state of nature and of an ethico-civil condition, with explicit reference to the juridical state of nature and the juridico-civil condition he discusses at length in his legal-political writings. Given that the Religion is the only work where Kant introduces a parallel between these concepts, one might think that this is only a loose analogy, serving a merely illustrative function. The paper provides a first outline (...) of the similarities and the differences between the state of nature and the civil condition in Right and in ethics. The comparison points to a deeper, structural relation between the two pairs of concepts. By doing so, it makes room for developing a unitary conception of the state of nature and of the civil condition, which would underlie both the ethical and the juridical version. (shrink)

Osama bin Laden means well. This is evident from his declarations, juridical decrees, lectures, epistles, and written reminders, which Bruce Lawrence has made available in Messages to the World: The Statements of Osama Bin Laden a single volume. Duty, Osama claims, compels Muslims' support for jihad against the???Crusader???Jewish Alliance???. But many attack his goals and behavior as immoral. Initiatives he has supported or directed represent his strategy for fulfilling his duty and demonstrate its apparent immorality at the same time: (...) notably, attacks on U.S. embassies, the 9/11 attacks, and more recently an alleged plot to detonate hydrogen peroxide bombs in public transportation venues. Moreover, his willingness to kill innocents generally is self-evidently wrong, as is his blanket hatred of Jews, Americans, and Christians ; although on one occasion he has declared that???many in the West are polite and good people???. (shrink)

The aim of this paper is to provide an original account of the distinction between the spheres of Sitten that goes beyond the traditional one based on the nature of incentives, since this underestimates some of their characteristics. First, the paper identifies in obligatio a common source between Ethics and Right. Then, it explores how in the Metaphysics of Morals the connection between law and incentive constitutes a more relevant criterion to distinguish ethical lawgiving from juridical lawgiving. Specifically, (...) it demonstrates that such connection: to be ethical should be linear, understood as a necessary self-determined process of connecting law to incentive; to be juridical should be mediated, namely it comprises an inclusive disjunction between two modalities of connecting law to incentive: a non-necessary linear and a divergent one. It concludes by exploring the implications of such perspective on the notions of internalisation and externalisation associated to each lawgiving. (shrink)

In Remnants of Auschwitz, Giorgio Agamben argues that every ethical doctrine that claims to be founded on the notions of responsibility and guilt, even if ‘interiorized and moved outside law’ in the form of moral conscience, is necessarily ‘insufficient and opaque’. Indeed, one of the basic intents of the book is to profane and to neutralize the notions of guilt and responsibility as the paradigms of ethical thought, and to remove the idea of conscience from the sphere of (...) ethics. In this article, my aim is to bring out some ‘opacities’ that occur in Agamben’s own analyses. To Agamben, the ‘witness-remnant’ is an ethical notion that shows the way beyond the interiorized juridical categories of conscience, whereas I argue that both the witness and the remnant are notions intimately and even inseparably linked with the western history of conscience. Conscience has been a witness from the very beginning of its appearance in the classical period of Greece. In the Christian era, moreover, conscience became a remnant, even the remnant, remaining of the original moral integrity that had been lost by humankind in the Fall. At the end of the article, I argue that instead of succeeding in profaning the theological/ juridical notion of conscience, Agamben’s ‘witness-remnant’ merely secularizes it in the Schmittian sense. (shrink)

In response to distant suffering, global civil society is being consumed by a generalized witnessing fever that converts public spaces into veritable machines for the production of testimonial discourses and evidence. However, bearing witness itself has tended to be treated as an exercise in truth-telling, a juridical outcome, a psychic phenomenon or a moral prescription. By contrast, this article conceives of bearing witness as a transnational mode of ethico-political labour, an arduous working-through produced out of the struggles of groups (...) and persons who engage in testimonial tasks in order to confront corresponding perils produced by instances of situational or structural violence; it is the work of witnessing, the normative and political substance generated through the performance of patterns of social action, which matters. Using Celan's allegory of the poem as a message in a bottle, I consider bearing witness as a web of cosmopolitan testimonial practices structured around five dialectically related tasks and perils: giving voice to mass suffering against silence (what if the message is never sent or does not reach land?); interpretation against incomprehension (what if it is written in a language that is undecipherable?); the cultivation of empathy against indifference (what if, after being read, it is discarded?); remembrance against forgetting (what if it is distorted or erased over time?); and prevention against repetition (what if it does not help to avert other forms of suffering?). (shrink)