Informed consent bears significant relevance as a legal basis for the processing of personal data and health data in the current privacy, data protection and confidentiality legislations. The consent requirements find their basis in an ideal of personal autonomy. Yet, with the recent advent of the global pandemic and the increased use of eHealth applications in its wake, a more differentiated perspective with regards to this normative approach might soon gain momentum. This paper discusses the compatibility of a moral duty (...) to share data for the sake of the improvement of healthcare, research, and public health with autonomy in the field of data protection, privacy and medical confidentiality. It explores several ethical-theoretical justifications for a duty of data sharing, and then reflects on how existing privacy, data protection, and confidentiality legislations could obstruct such a duty. Consent, as currently defined in the General Data Protection Regulation – a key legislative framework providing rules on the processing of personal data and data concerning health – and in the recommendation of the Council of Europe on the protection of health-related data – explored here as soft-law – turns out not to be indispensable from various ethical perspectives, while the requirement of consent in the General Data Protection Regulation and the recommendation nonetheless curtails the full potential of a duty to share medical data. Also other legal grounds as possible alternatives for consent seem to constitute an impediment. (shrink)

ABSTRACTSome firms are initiating pro-stakeholder activities and policies that transcend conventional corporate social responsibility conceptions and seem inconsistent with their business interests or economic responsibilities. These initiatives, which are neither legally nor morally obligatory, are responding to calls for a more active role of business in society and for a broader interpretation of CSR. In fact, they benefit stakeholders in a superior and an innovative way and are difficult to reconcile with commonly used rationales in the extant CSR literature, such (...) as win-win opportunities, creating shared value, or corporate philanthropy. For better insight, we develop a qualified account of the concept of supererogation from ethical theory. This account, which examines voluntary responses to moral obligations from which a business is normally excused, is applied to identify the unique features of the initiatives that are not readily understood within conventional reasoning, which is generally focused on a business case. (shrink)

In the aftermath of Peter Singer’s ‘Famine, Affluence and Morality’, the argument he put forward received significant criticism, largely on the grounds that it demanded too much of moral agents. Several attempts have been made since to formulate moral principles that adequately express the stringency of our duties of beneficence. Richard Miller proposed one such option, which has several advantages over Singer’s principle. In particular, because it concerns our dispositions rather than operating over every possible occasion for beneficence, it avoids (...) problems of iterative demands. However, I argue that Miller’s principle is inadequate, because 1) it seems too weak, 2) it appears to be ambiguous and 3) it can give unduly harsh verdicts on unlucky moral agents. (shrink)

The Negation Problem states that expressivism has insufficient structure to account for the various ways in which a moral sentence can be negated. We argue that the Negation Problem does not arise for expressivist accounts of all normative language but arises only for the specific examples on which expressivists usually focus. In support of this claim, we argue for the following three theses: 1) a problem that is structurally identical to the Negation Problem arises in non-normative cases, and this problem (...) is solved once the hidden quantificational structure involved in such cases is uncovered; 2) the terms ‘required’, ‘permissible’, and ‘forbidden’ can also be analyzed in terms of hidden quantificational structure, and the Negation Problem disappears once this hidden structure is uncovered; 3) the Negation Problem does not arise for normative language that has no hidden quantificational structure. We conclude that the Negation Problem is not really a problem about expressivism at all but is rather a feature of the quantificational structure of the required, permitted, and forbidden. (shrink)

Can an action cease to be required of a moral agent solely because it comes too costly ? Can self-sacrifice or risk of self-sacrifice serve as a limit on our moral obligations? Two recent articles in Philosophy , concerned primarily with the possibility of supererogatory action, suggest very different answers to these questions.

The seriousness of the risk that healthcare workers faced during SARS, and their response of service in the face of this risk, brings to light unrealistic assumptions about duty and risk that informed the debate on duty to care in the early years of HIV/AIDS. Duty to care is not based upon particular virtues of the health professions, but arises from social reflection on what response to an epidemic would be consistent with our values and our needs, recognizing our shared (...) vulnerability to disease and death. Such reflection underwrites a strong duty of care, but one not to be borne solely by the altruism and heroism of individual healthcare workers. (shrink)

Continuing prior work by the author, a simple classical system for personal obligation is integrated with a fairly rich system for aretaic (agent-evaluative) appraisal. I then explore various relationships between definable aretaic statuses such as praiseworthiness and blameworthiness and deontic statuses such as obligatoriness and impermissibility. I focus on partitions of the normative statuses generated ("normative positions" but without explicit representation of agency). In addition to being able to model and explore fundamental questions in ethical theory about the connection between (...) blame, praise, permissibility and obligation, this allows me to carefully represent schemes for supererogation and kin. These controversial concepts have provided challenges to both ethical theory and deontic logic, and are among deontic logic's test cases. (shrink)

Supererogatory acts, those which are praiseworthy but not obligatory, have become a significant topic in contemporary moral philosophy, primarily because morally supererogatory acts have proven difficult to reconcile with other important aspects of normative ethics. However, despite the similarities between ethics and epistemology, epistemic supererogation has received very little attention. In this paper, I aim to further the discussion of supererogation by arguing for the existence of epistemically supererogatory acts and considering the potential implications of their existence. First, I offer (...) a brief account of moral supererogation and how morally supererogatory acts generate a strong intuition that a similar phenomenon should exist in epistemology. Afterward, I argue for the existence of epistemically supererogatory acts by examining five cases where an epistemic activity appears to be epistemically supererogatory. Epistemic supererogation appears to provide the best explanation for our considered judgments about the individuals’ behavior in these different cases. Finally, I consider how epistemic supererogation might impact the contemporary study of epistemology, particularly with regard to how we appraise certain epistemic duties. (shrink)

How can it be that some acts of very high moral value are not morally required? This is the problem of supererogation. I do not argue in favor of a particular answer. Instead, I analyze two opposing moral intuitions the problem involves. First, that one should always do one’s best. Second, that sometimes we are morally allowed not to do our best. To think that one always has to do one’s best is less plausible, as it makes every morally best (...) act obligatory. I argue that, despite its implausibility, this is the main ingredient in a traditional outlook I call ‘morality of law,’ which conceives of morality as impartial, impersonal, rule-based and obligation-based. My main point is that supererogation will always be seen as problematic if the background theory is a morality of law. This is because supererogation encapsulates a view of morality-outside-obligation, whereas morality of law centers upon obligation as its main instrument of curbing a supposedly natural human selfishness. (shrink)

At the end of their article in the September 2014 issue of the Journal of Business Ethics, Douglas R. May, Matthew T. Luth, and Catherine E. Schwoerer state that they are “hopeful in outlook” about the “evidence that business ethics instructors are….able to encourage students…to develop the courage to come forward even when pressures in organizations dictate otherwise”. We agree with May et al. that it is essential to augment students’ moral courage. However, it seems overly optimistic to believe that (...) this improvement will result from any course in business ethics. Indeed, we question the appropriateness of their measure of moral courage and assert that business ethics educators must purposely design their courses to develop students’ moral courage. In particular, we advocate introducing business ethics students to works of literature featuring protagonists who exercise moral courage in organizations. Fiction provides rich accessible narratives that show students worlds beyond their experience, awaken their imaginations, and evoke their emotions. Further, we highlight morally courageous exemplars because they inspire the cultivation of character. Joining those who underscore the role of virtue in business ethics education, we argue that exposure to moral exemplars in fiction will help students to build the moral courage they need to carry out ethical decisions in the workplace. Results from 46 students at the end of an MBA ethics course featuring moral courage provide preliminary evidence of the effectiveness of our approach. (shrink)

Over the last 50 years, the term professionalism has undergone a widespread expansion in its use and a semantic shift in its meaning. As a result, it is at risk of losing its descriptive and analytical value and becoming instead simply an empty evaluative label, a fate described by C. S. Lewis as ‘verbicide’. This article attempts to rescue professionalism from this fate by down-sizing its extension and reassigning some of its work to two other ethical domains, introduced as the (...) neologisms organizationalism and sur-moralism. Professionalism is defined as a morality based in system of obligations that are assumed by physicians over the course of their professional training and which primarily refer to two groups: patients and colleagues, including trainees. Organizationalism is also a morality, but the obligations are owed to the employing organization and on different grounds. A third ethical domain, here called sur-moralism, comprises actions that are not based in obligations. They are discretionary and potentially meritorious; they cannot be required by the profession or organization. This article presents a conceptual model of the three ethical domains and the shifting borders between them. One practical benefit of this typology is that physicians can more accurately understand the nature and sources of obligations that they are asked to accept, and when necessary prioritize them. Another is that physicians will be able to describe the potential tension between the three domains and understand how and why the borders between them can move. Both should help physicians to be more ethically oriented to their work settings. (shrink)

The cognitive purpose of the research presented in the article is to identify the propensity for pro-social and altruistic behavior among first-year military students in three simulated situations of need for help to other people. It raised the question contained in the main research problem: to what extent do military students at universities tend to behave in a pro-social and altruistic way in situations that pose a threat to the other people’s life and health, and what is the relationship between (...) these behaviors and socialization in the civil environment? At the outset, the hypothesis was adopted that the candidates for professional soldiers show a higher propensity for this type of behavior. For its verification, the population of the first-year military students during their basic training was assumed as a research area. The study covered 246 people selected randomly from among military students in the first year of studies of the command profile of all military specialties and the medical profile. The selection of the research sample based on first-year students during the basic training aimed to identify the impact of environmental factors on the tendency to altruistic and pro-social behavior in two different groups of candidates for professional soldiers. (shrink)

The notion of supererogation—going above and beyond the call of duty—is typically discussed in a moral context. However, in this paper we argue for the existence of rationally supererogatory actions: that is, actions that go above and beyond the call of rational duty. In order to establish the existence of such actions, we first need to overcome the so-called paradox of supererogation: we need to provide some explanation for why, if some act is rationally optimal, it is not the case (...) that we are rationally required to carry out that act. We argue that a response to this ‘paradox’ can be found by reflecting on normative conflicts: cases where what is best according to some normative domain is different from what is best according to some other normative domain. (shrink)

A familiar part of debates about supererogatory actions concerns the role that cost should play. Two camps have emerged: one claiming that extreme cost is a necessary condition for when an action is supererogatory, while the other denies that it should be part of our definition of supererogation. In this paper, I propose an alternative position. I argue that it is comparative cost that is central to the supererogatory and that it is needed to explain a feature that all accounts (...) agree is central to the very notion of supererogation: optionality. Perhaps because of this agreement on its importance, few attempts have been made to clarify and explain the notion of optionality. I argue that giving an account of the optionality of supererogatory requires drawing a line between doing the bare minimum permissible and going beyond the bare minimum and that this line ought to be drawn based on comparative cost of alternative permissible acts. Having outlined my account and motivated it, I discuss and reject two concerns that might be raised: firstly, that it is extreme cost, not comparative cost, that matters and, secondly, that in fact no cost is needed for an act to be supererogatory. (shrink)