A central tenet of medical ethics holds that it is permissible to perform a medical intervention on a competent individual only if that individual has given informed consent to the intervention. However, in some circumstances it is tempting to say that the moral reason to obtain informed consent prior to administering a medical intervention is outweighed. For example, if an individual’s refusal to undergo a medical intervention would lead to the transmission of a dangerous infectious disease to other members of (...) the community, one might claim that it would be morally permissible to administer the intervention even in the absence of consent. Indeed, as we shall discuss below, there are a number of examples of public health authorities implementing compulsory or coercive measures for the purposes of infectious disease control (IDC). The plausibility of the thought that non-consensual medical interventions might be justified when performed for the purpose of IDC raises the question of whether such interventions might permissibly be used to realize other public goods. In this article we focus on one possibility: whether it could be permissible to non-consensually impose certain interventions that alter brain states or processes through chemical or physical means on serious criminal offenders. We shall suggest that some such interventions might be permissible if they safely and effectively serve to facilitate the offender’s rehabilitation and thereby prevent criminal recidivism. (shrink)

The role of responsibility in our common-sense morality of self-defense is complex. According to common-sense morality, one can sometimes use substantial, even deadly, force against people who are only minimally responsible for posing a threat to us. The role of responsibility in self-defense is thus limited. However, responsibility is still sometimes relevant. It sometime affects how much force you can use against a threatener: less if they are less responsible and more if they are more responsible. Is there a well-motivated (...) theory that can explain both why the role of responsibility is limited and why it is sometimes relevant? It is hard to see what theory could unify these disparate elements of our common-sense morality, and if one cannot be found then we may simply have to revise some of our pre-theoretic beliefs. But it would be an important advantage of a theory if it could justify those beliefs. I will argue that there is a theory of this kind: surprisingly, the familiar rights theory of self-defense, defended by Judith Thomson, can do so if it is suitably supplemented. Along the way I will survey some alternative theories of self-defense and show why they are not up to the task. (shrink)

The self-defense argument maintains that, even if a fetus is a person, abortion on demand is morally permissible on the grounds that the fetus is using his mother’s body in an intimate way, and, in an unwanted pregnancy, without her ongoing consent. According to the argument, this sort of use justifies lethal self-defense on the part of the mother against her unwanted fetus. I produce a counterexample to one of the premises of this argument and show that it cannot be (...) successfully revised. I further show the underlying commitments of the self-defense argument lead to the absurd conclusion that a woman who has consensual sex that results in pregnancy thereby violates the fetus’ right to bodily autonomy and so such an act would be morally impermissible. We thereby have good reason to abandon the argument. (shrink)

More than two hundred cities in the United States have now declared themselves to be sanctuary cities. This declaration involves a commitment to non-compliance with federal law; the sanctuary city will refuse to use its own juridical power – including, more crucially, its own police powers – to assist the federal government in the deportation of undocumented residents. We will argue that the sanctuary city might be morally defensible, even if deportation is not always wrong, and even if the federal (...) government is legally permitted to demand that states participate in the process of deportation. We defend this conclusion with reference to a simple, but powerful, norm of international law: that of non-refoulement. As we will discuss, this norm articulates the idea that no state may rightly use its coercive power to move a person into a position in which their basic rights are at risk. We take this norm as a morally defensible principle, and ask what could follow from its acceptance. We argue that this norm has implications for a variety of actors – especially when we notice that those who are facing unjust risks of death are, in general, entitled to use defensive violence against their aggressors. This simple fact, we argue, can help offer a novel defense of the sanctuary city. (shrink)

In a very short article, James Sterba argues that there is a moral duty to sacrifice one’s life to save the lives of others. Sterba justifies this duty by drawing an analogy with a series of cases in which some degree of sacrifice would be commonly accepted for the benefit of third parties. In this paper, I argue that Sterba’s argument reaches the correct conclusion, but is invalid. In addition, I point out two different arguments to support the existence of (...) a duty to sacrifice one’s life to save the lives of others. (shrink)

This thesis justifies the need for and develops a new integrated model of practical reasoning and argumentation. After framing the work in terms of what is reasonable rather than what is rational (chapter 1), I apply the model for practical argumentation analysis and evaluation provided by Fairclough and Fairclough (2012) to a paradigm case of unreasonable individual practical argumentation provided by mass murderer Anders Behring Breivik (chapter 2). The application shows that by following the model, Breivik is relatively easily able (...) to conclude that his reasoning to mass murder is reasonable – which is understood to be an unacceptable result. Causes for the model to allow such a conclusion are identified as conceptual confusions ingrained in the model, a tension in how values function within the model, and a lack of creativity from Breivik. Distinguishing between dialectical and dialogical, reasoning and argumentation, for individual and multiple participants, chapter 3 addresses these conceptual confusions and helps lay the foundation for the design of a new integrated model for practical reasoning and argumentation (chapter 4). After laying out the theoretical aspects of the new model, it is then used to re-test Breivik’s reasoning in light of a developed discussion regarding the motivation for the new place and role of moral considerations (chapter 5). The application of the new model shows ways that Breivik could have been able to conclude that his practical argumentation was unreasonable and is thus argued to have improved upon the Fairclough and Fairclough model. It is acknowledged, however, that since the model cannot guarantee a reasonable conclusion, improving the critical creative capacity of the individual using it is also of paramount importance (chapter 6). The thesis concludes by discussing the contemporary importance of improving practical reasoning and by pointing to areas for further research (chapter 7). (shrink)