The night-watchman state of classical liberal theory, limited to the functions of protecting all its citizens against violence, theft, and fraud, and to the enforcement of contracts, and so on, appears to be redistributive.1 We can imagine at least one social arrangement intermediate between the scheme of private protective associations and the night-watchman state. Since the nightwatchman state is often called a minimal state, we shall call this other arrangement the ultraminimal state. An ultraminimal state maintains a monopoly over all (...) use of force except that necessary in immediate selfdefence, and so excludes private (or agency) retaliation for wrong and exaction of compensation; but it provides protection and enforcement services only to those who purchase its protection and enforcement policie., People who don't buy a protection contract from the monopoly don't get protected. The minimal (night-watchman) state is equivalent to the ultraminimal state conjoined with a (clearly redistributive) Friedmanesque voucher plan, financed from tax revenues.2 Under this plan all people, or some (for example, those in need), are given tax-funded vouchers that can be used only for their purchase of a protection policy from the ultraminimal state. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Free Will’s Value: Criminal Justice, Pride, and Love by John LemosJohn DavenportLEMOS, John. Free Will’s Value: Criminal Justice, Pride, and Love. New York: Routledge, 2023. 284 pp. Cloth, $160.00It is a pleasure to read John Lemos’s latest work on moral free will, understood as the control needed for us to be morally responsible in “the just deserts sense.” Lemos is a clear writer who carefully lays out (...) the positions that he reviews and critiques. This book would be wonderful as a main text in a graduate seminar: The first six chapters critically address most of the main theories and moves in this wide field during the last twenty to twenty-five years, providing a very helpful overview while setting up Lemos’s own position. He advances an “indeterministic weightings” version of leeway-libertarianism about moral freedom that builds on both Robert Kane’s event-causal account and Robert Nozick’s older account of fixing the weight of practical considerations in the moment of choice. Lemos’s new account significantly refines the position that he defended against hard incompatiblism in his 2018 book. [End Page 721]Free Will’s Value also discusses responsibility in applied contexts, such as criminal justice and loving relationships. There are two chapters arguing that hard incompatibilists cannot save the “just deserts” aspect of criminal punishment or explain all the wrongness of taking the liberty of innocent persons mistakenly convicted. Their “public health quarantine” account of criminal justice will be utilitarian, and thus have a hard time justifying the beyond-reasonable-doubt standard for conviction. And, building on the critiques of compatibilism that he develops partly from Derk Pereboom and Bruce Waller, Lemos includes three chapters arguing that “axiological/pragmatist reasons” provide more evidence for libertarian free will than psychological evidence alone can.The final chapter in particular offers a novel argument that valuable sorts of interhuman loves need to involve self- or character-forming initiatives that are not primarily determined by factors beyond our control. The intrinsic value of some types of love, such as deep friendships—including romantic friendships—involve their being autonomous (my term), which in turn requires a kind of leeway-control. This involves arguing that “our will, effort, or a decision to love” is important to values achieved in sustaining loving relationships.Lemos’s own theory contends that Kane’s account of “self-forming actions” (SFAs) and “willings” (SFWs) in terms of dual “tryings” (or decisions) to do A or B in a fraught situation suffers from the “phenomenological problem” stated by Laura Ekstrom and Marc Balaguer, namely, that we do not normally experience fraught choices as involving such opposed tryings. This is even more evident, I believe, if we consider choices involving three or more salient options. Lemos is not convinced by Kane’s reply that the dual or multiple simultaneous efforts are usually unconscious, because he thinks responsibility for unconscious mental processes will (normally) trace to patterns of conscious choices made earlier in life. In fact, unconscious efforts, Lemos says, cannot meet even “plausible minimal compatibilist standards of responsibility” for elements of agency.I’m not convinced by this last claim, because it seems that an unconscious choice, C, could be responsive to (or counterfactually guided by) reasons relevant to C that the agent has considered in the past. Perhaps the problem is that “trying” is normally associated with attempting to act on an intention, but Kane uses it to describe the more elusive processes of agency involved in forming an intention via decision in the face of competing relevant options, which thereby incorporates motives into the intention. This sheds light on the further problem that it appears irrational to try to do multiple incompatible things at once. Pace Lemos, I think that Kane is right that “will-settling” is a special context in which it is not irrational for a single person’s agency to be engaged along dual pathways. Even if we do not call this “trying,” the agent’s interactions with the salient options are not like those of a detached spectator; they are volitional as well as evaluative. [End Page 722]Lemos’s account recognizes three loci... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Theory of International Bioethics: The Negotiable and the Non-NegotiableRobert Baker (bio)AbstractThe preceding article in this issue of the Kennedy Institute of Ethics Journal presents the argument that “moral fundamentalism,” the position that international bioethics rests on “basic” or “fundamental” moral principles that are universally accepted in all eras and cultures, collapses under a variety of multicultural and postmodern critiques. The present article looks to the (...) contractarian tradition of Hobbes and Locke—as reinterpreted by David Gauthier, Robert Nozick, and John Rawls—for an alternative justification for international bioethics. Drawing on the central themes of this tradition, it is argued that international bioethics can be rationally reconstructed as a negotiated moral order that respects culturally and individually defined areas of nonnegotiability. Further, the theory of a negotiated moral order is consistent with traditional ideals about human rights, is flexible enough to absorb the genuine insights of multiculturalism and postmodernism, and yet is strong enough to justify transcultural and transtemporal moral judgments, including the condemnation of the Nazi doctors at Nuremberg. This theory also is consistent with the history of the ethics of human subjects experimentation and offers insights into current controversies such as the controversy over changing the consent rule for experiments in emergency medicine and the controversy over exempting certain clinical trials of inexpensive treatments for preventing the perinatal transmission of AIDS from the ethical standards of the sponsoring country.The Preamble to the Council of Europe’s (1997) Convention on Human Rights and Biomedicine, the most recently ratified code of international bioethics, is noteworthy because it never mentions “principles,” the concept most frequently cited by the fundamentalists as basic to international bioethics. Instead it stresses rights, a concept that has been utterly ignored by the fundamentalist theorists of international bioethics. The Preamble exemplifies a conception of international [End Page 233] bioethics as an ethics of covenants and conventions grounded in human rights. In the full text of the Preamble, the term “rights” appears eight times and the expressions “convention” and “covenant” are used six times; the term “principle” does not appear at all. In this essay, I develop a theoretical framework for international bioethics based on conventions, covenants, and areas of “nonnegotiability”—a concept that serves as a functional analogue to the traditional notion of “human rights.” I also shall argue that, unlike the theory of basic principles central to moral fundamentalism, the theory of negotiated morality appears immune to the multicultural and postmodern critiques of international bioethics that were analyzed in the preceding article in this issue of the Kennedy Institute of Ethics Journal (Baker 1998).Negotiated Moral Order: A Model for International BioethicsReconsidering ContractarianismThe linkage of “conventions” and “covenants” with human rights that is evident in the Council of Europe’s Convention on Human Rights and Biomedicine traces back directly to the moral and political theories of Thomas Hobbes and John Locke. Such philosophers as David Gauthier (1986), Robert Nozick (1974), and John Rawls (1971, 1993) recently have reinvigorated this classic contractarian line of analysis. In this section, I shall reconsider classical contractarian theory from a perspective informed by these more recent analyses.The most riveting feature of all forms of contractarian theory is the metaphor of the contract itself, particularly the legitimating role it accords to assent. Because contractarians look to the assent of those who would be bound by a moral norm as ultimately the sole source of a norm’s legitimacy, the most important corollary of contractarian moral theory is that moral norms are illegitimate insofar as agents either in principle could not, hypothetically would not, or actually will not rationally assent to be bound by them. Contractarians also argue that because legal norms are legitimated by acceptance of the authority of those who promulgate them, the authority of such norms is bounded by the actual or hypothetical assent of the governed. These features of contractarian analysis generate the correlative concepts of human rights and civil rights.Less often remarked, but nonetheless integral to the metaphor of the social contract, is the contractarian recognition that the interests of the [End Page 234] parties who contract to form civil society are naturally in conflict (or, as Hobbes put... (shrink)

The purpose of this chapter is to consider the question of whether respect for persons requires toleration of the expression of any extremist political or religious viewpoint within public discourse. The starting point of my discussion is Steven Heyman and Jonathan Quong’s interesting defences of a negative answer to this question. They argue that respect for persons requires that liberal democracies should not tolerate the public expression of extremist speech that can be regarded as recognition-denying or respect-denying (...) speech – that is, speech or other expressive conduct that expresses viewpoints that explicitly reject that all persons should be regarded and treated as free and equal persons or citizens. According to Heyman and Quong, recognition-denying speech falls outside the scope of the right to participate in public discourse (i.e. what it is a right to). In contrast to Heyman and Quong, one can argue that a strong case can be made for viewpoint neutrality on the basis of what can be called a libertarian or Nozickean status-based theory of rights. According to this theory, toleration in a liberal democracy requires respect for the status of persons as thinking agents, and respect for thinking agents and their sovereignty over their own mind requires viewpoint neutrality – that is, a basic right to participate in public discourse as speakers and listeners free from state-imposed viewpoint-based restrictions. All persons should have a basic right to express, hear and consider any viewpoint within public discourse. This doctrine of viewpoint neutrality requires that citizens in liberal democracies ought to have a legal free speech right to do moral wrong – that is, a legal right to express and defend any viewpoint within public discourse, even if it is morally wrong to express, or expose others to, such views. (shrink)

Manipulative actions come in a bewildering variety of forms: direct and indirect deception, playing on emotions, tempting, inciting, and so on. It is not obvious what feature all these actions share in virtue of which they are all of the same kind and in virtue of which they are all morally wrong. This article argues that all manipulative actions are cases in which the manipulator attempts to lead the victim astray by trying to get her to (...) have emotions, beliefs, or desires that, as the manipulator sees it, are not ideal for the victim. To attempt to lead a person astray in this way is to fail to respect the moral and rational agency of the victim. This analysis captures the fact that actions of many kinds--and with many different psychological effects--can be manipulative, and it tells us what is wrong with acting manipulatively. It also helps distinguish manipulation from non rational persuasion. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Will to Nothingness: An Essay on Nietzsche's by Bernard ReginsterRobert GuayBernard Reginster, The Will to Nothingness: An Essay on Nietzsche's On the Genealogy of Morality New York: Oxford University Press, 2022. viii + 202 pp. isbn: 978-0-19-886890-3. Cloth, $80.00.One might imagine making a rough division between two different modes of modern European philosophy. In one, the way that the world seems to proceed belies the actual (...) ground of things; the task of philosophy is to uncover the sources of our misunderstanding and identify the categories that account for genuinely real processes. The other mode of philosophy questions the determinacy and stability of the categories through which we make sense of the world. Here the task of philosophy is not to settle on the right categories or the actual ground, but to gain some purchase on our confusions and self-deceptions when we try to make sense of things. There may be some philosophers (Hegel and Wittgenstein, perhaps) who try to straddle the divide here. But in general the divide is great enough that if an interpreter mistakes one mode for the other it would be costly: no matter how circumspect the particular claims are, all the interpretive results will be misguided. Something like this, I want to claim, is the case with Bernard Reginster's The Will to Nothingness.There are many detailed discussions in Reginster's book. For the purpose of this review, however, I want to focus on the general critical argument, [End Page 104] in part because there is already at least one excellent review of the book (Mark Migotti's in Notre Dame Philosophical Reviews, June 1, 2022), and in part because I think it goes wrong at the level of its entire approach. On Reginster's account GM is composed of a series of "psychological studies" (3) of a version of Christian morality and its central aspects. These psychological studies treat moral judgments as symptoms of affective states, and in this way uncover the functional role that moralities play in the affective lives of agents. Moralities are "designed" (12), as it were, for emotional regulation. Christian morality, in particular, expresses the ressentiment of those beset by feelings of impotence and serves their will to power. Genealogical critique proceeds by uncovering the actual function of morality and then showing how well (or rather poorly) morality fulfills its proper function. Moral beliefs are supposed to enhance the agents' feeling of power, but instead work to sicken and enervate them, and indeed morality "incites" (46) such a pernicious functioning.While I am sympathetic to the idea that genealogy offers a functional assessment of morality, I think that Reginster has taken the wrong approach here. So now I want to draw a broad contrast between Reginster's approach and an alternative one, and then offer six sets of reasons for favoring the alternative approach.On Reginster's account, Nietzsche is interested in specifying and analyzing a precise conception of morality, with all of its attendant normative judgments, metaethical commitments, characteristic beliefs about moral psychology, and so on. These features were all, as constitutive of the morality in question, familiar to the believers in that morality. The purpose, then, of a historical account of origins is to give a unitary explanation for the adoption of the morality in terms of a single underlying affective condition and drive. Agents adopt moralities because, whether they realize it or not, holding moral beliefs facilitates a form of emotional self-regulation. To criticize these beliefs Nietzsche makes a sort of inverted teleological argument. He identifies the essential function of the beliefs and shows that they work against the fulfillment of their own function.Here, by contrast, is a different way of thinking about what Nietzsche is doing. He is not interested in explaining the moral beliefs of reflective, fully developed agents. Instead, he wants to explain how the semantic resources that contribute to morality could have become available at all. The puzzle, for Nietzsche, is how the basic terms of morality could ever even seem to make sense. So the historical account of genealogy is meant to suggest [End Page 105] social... (shrink)

One reason Aristotle is distinguished as a philosopher is that he thought the philosopher investigated the causes of things. This paper raises the question: What are the causes of racial prejudice and racial discrimination. All ethical beings know that racial prejudice and racial discrimination are morally wrong, deplorable and should be completely eradicated. Deanna Jacobsen Koepke refers to Holt’s definitions in distinguishing racism from prejudice: “Racism is defined as hostility toward a group of people based on (...) alleged inferiorities. Racism is a system of power and privilege that is at the foundation of society’s structures rather than prejudice, which is a hostile attitude toward a person based on trait he or she is assumed to have due to group membership.” This concept squarely places racism as the culprit to be extinguished. In this article, it is to be argued that to define racism as the target is only to observe the manifest phenomenon. The argument of the article is that racial prejudice and discrimination rest upon four pillars: political, economic, social and cultural. For simplicity of explanation, the social and cultural pillars shall be considered under the category of the political pillar, although the distinction between these pillars shall be noted. This article argues that these four pillars themselves, rest upon a foundation. The foundation is the deep psychological fear of the current, existing dominant economic group that the current existing dominated minority group will eventually usurp the power of the dominant economic group. The manifest form that this type of fear assumes is racial prejudice and discrimination. In its most extreme forms it then manifests as hate speech, hate action, hate brutality and hate murder. These manifestations provide the fuel that maintains the power imbalance and provides a camouflage for the four pillars that lie beneath the racist exterior. In this article, the political and economic pillars that underlie color racism will be examined first. The underlying deep psychological foundation shall be treated separately. In the end, the argument of this article is that color racism cannot be fully extinguished until its role as providing a mask for the underlying four pillars that consistently support inequality between different groups or classes are uprooted and the deep psychological fear that underlies them is eliminated. The masked function of color racism is its enormous power in perpetuating inequality; hence, the title of this paper, Unmasking Color Racism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Negotiating International Bioethics: A Response to Tom Beauchamp and Ruth MacklinRobert Baker (bio)AbstractCan the bioethical theories that have served American bioethics so well, serve international bioethics as well? In two papers in the previous issue of the Kennedy Institute of Ethics Journal, I contend that the form of principlist fundamentalism endorsed by American bioethicists like Tom Beauchamp and Ruth Macklin will not play on an international stage. (...) Deploying techniques of postmodern scholarship, I argue that principlist fundamentalism justifies neither the condemnation of the Nazi doctors at Nuremberg, nor, as the Report of the Advisory Committee on the Human Radiation Experiments (ACHRE) demonstrates, condemnation of Cold War radiation researchers. Principlist fundamentalism thus appears to be philosophically bankrupt. In this issue of the Journal, Beauchamp and Macklin reject this claim, arguing that I have misread the ACHRE report and misunderstood Nazism. They also argue that the form of post-postmodern negotiated human rights theory that I proffer is adequate only insofar as it is itself really fundamentalist; insofar as I take postmodernism seriously, however, I mire international bioethics in relativism. In this response, I reaffirm my anti-fundamentalism, provide further evidence in support of my reading of the ACHRE report, and defend my post-postmodern version of rights theory. I also develop criteria for a minimally adequate theoretical framework for international bioethics.Universal Morality Reconsidered 1Paradoxically, the need for content-full universal moral principles tends to be most deeply felt and most adamantly asserted in the face of striking evidence of their absence. People are inspired to claim that Nazis must accept the universal principle that doing harm is wrong because they are appalled by the horror of the Holocaust. Yet the event itself provides palpable evidence that the Nazis saw no wrong in doing harm. One has the suspicion that claims of universalism [End Page 423] confound philosophical aspirations with empirical observations. This distinction makes a significant difference because empirical claims can be disconfirmed by data, whereas philosophical claims can only be challenged on the level of theory.I am, like Tom Beauchamp and James Childress, a common morality theorist. Thus, I believe, as they do, that ethics “relies heavily on ordinary shared moral beliefs for its content, rather than relying on pure reason, natural law, a special moral sense, and the like” (Beauchamp and Childress 1994, p. 100). For most of human history sexism and slavery were considered moral. They certainly were the norm. Thus, if one looks to common morality as the source of moral content, empirical claims of moral universalism appear suspect. Insofar as one would condemn sexism and slavery, one needs to find some theoretical justification for condemnation that goes beyond a consensus on moral content (hence my embrace of the structural analogue of human rights theory).Beauchamp, however, takes a very different view. He asserts in his critique of my position, that: “it is an institutional fact about the substance of morality (not merely [as Baker claims] the formal features of the concept of morality and not merely my view of it) that it contains fundamental and shared precepts. It is by appeal to this shared moral substance that persons are enabled to make justifiable cross-temporal and cross-cultural judgments” (Beauchamp 1998, p. 395). Beauchamp is thus claiming that it is both an empirical and a conceptual truth there is common core underlying the morality of all societies. He fleshes this claim out in another passage.[T]he term morality refers to norms about right and wrong human conduct that are so widely shared that they form a stable... communal consensus.... These standards sometimes vary from society to society, but embedded in the beliefs of all moral societies are the core dimensions of morality: Persons must keep their promises, must respect the rights of others, must not kill or cause harm to innocent persons, must not abuse children, and the like. All morally committed persons are comfortable with these norms and do not doubt their relevance and importance.(Beauchamp 1998, p. 394)Insofar as Beauchamp is making an empirical claim in this passage, the examples cited are problematic. “Promise keeping,” for example, cannot be a cultural universal because the practice is... (shrink)

In Anarchy, State and Utopia, Nozick presented his doctrine of right libertarianism, largely a contemporary restatement of Locke’s moral imperative that an individual’s rights to his life, liberty, and property are absolute and place limits on state action. Parallelly, Nozick espoused the free-market system as a framework that not only respects individual rights but ensures material benefits. While the free market results in radical inequalities in holdings and widespread dispossession, Nozick treats the process as morally just and (...) any state redistribution through taxation as wrong. However, neither Nozick nor his many critics fully considered the role of money in capitalist free markets, an omission I begin to address. Nozick asserts that money emerges pre-politically through the uncoerced actions of individuals, and that it derives its value from the commodity that underpins it. This conception of money underpins Nozick’s claims that a minimal state can be just and that the free-market system is a moral, efficient, and neutral allocator of resources. However, Nozick’s approach omits addressing how money’s general acceptability and stability are achieved. Answers can be found in heterodox economic paradigms, which put the state at the center of money creation, rendering money (and the state) incompatible with natural rights. Furthermore, by insisting on money’s commodity nature, Nozick ignores the seventeenth century revolution in money, necessitated by the emergence of free-market capitalism and commodity money’s inability to underpin it. In other words, it is not commodity money but credit money that should be the proper object of Nozick’s analysis. I go on to analyze what credit money is, how it arose, and why some form of it is necessary in a free-market context. Ultimately, I argue that it is not compatible with natural rights and is itself redistributive. Key words: money, distributive justice, Nozick, Locke, free market capitalism, natural rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:FEEDING THE COMATOSE AND THE COMMON GOOD IN THE CATHOLIC TRADITION ROBERT BARRY, O.P. University of Illinois Ohampaign-Urbana, IlUnoi8 AA RECENT convention :sponsored by the Catholic Health Associaition in Boston, Laurence J. O'Connell, vice-president for ethics and theology, ma.de the following comments: I am concerned that some of those who are legitimately alarmed by the potential abuses associated with the public policy that authorizes the withholding (...) and withdrawing of mechanical means of nutrition and hydration are sometimes publicly misrepresenting the Catholic moral tradition. In other words, in their well-intentioned and perfectly legitimate efforts to avoid the slippery-slope-that is, the wrongful withholding or withdrawing of nutrition or hydration from vulnerable dasses of patients-those advocates are placing the Roman Catholic moral tradition itself on the slippery slope. It is mistaken to say it is the church's teaching that we may never withhold or withdraw artificial nutrition and hydration. It is mistaken to uncritically refer to the removal of medically engineered nutrition in all cases as starvation-that is, the willful withholding of nutrition as morally obligatory. It is mistaken to say that the ethical standards of a single Catholic hospital are necessarily coextensive with the ethical standards of the Catholic Church. Just because an individual Catholic facility, for whatever reason, uniformly refuses to allow the withholding or withdrawing of technological feeding, does not mean that the Church itself disallows such withholdings or withdrawals.1 It is not clear how the Catholic moral tradition can be put on the " slippery slope " by opposing certain forms of with1 "Church and State Overlap in Ethical Debate", American Medicai News. February 27, 1987. p. I. 1 ROBERT BARRY, O.P. drawal of feeding from specific classes of patients. Dr. O'Connell has misrepresented the thought of most of those who oppose the recent American Medical Association's new opinion which holds that artificially administered nutrition and fluids can be removed from terminally ill patients, even when they are not imminently dying.2 There are no Catholic moralists who claim that it is always and everywhere morally wrong to withhold or withdraw feeding from patients. However, there are a number of moralists as well as bishops who now hold it to be wrong to withhold or withdraw feeding in those cases where the withholding or withdrawal becomes the fundamental and underlying cause of death. O'Connell is p11obably correct in saying that the policies of one hospital do not necessarily deteJ1IDine the moral doctrines of the universal Church, but neither does one national organization such as the Catholic Health Association with only a loose affiliation with the magisterial hierarchy of the Church necessarily do this either. The debate over the provision of,aissisted feeding is a debate over whether iit is morally legitimate ito withdraw feeding so 1tihat.t:he primary and fundamental reason why the person dies is that withdrawal. It is a debate over whether those with a certain " quality of life " can be permitted to be killed by omission. It is a debate over whether feeding provided by routine nursing measures that can significantly sustain the life is a medical treatment that should he governed by the criteria governing other treatments, or whether it is an 2 "Withholding or Withdrawing Life Prolonging :Medical Treatment" adopted by the Council on Ethical and Judicial.Affairs of the.Amercian Medical.Association on March 15, 1987, In its pertinent parts, it stated: The social commitment of the physician is to sustain life and relieve suffering. Where the performance of one duty conflicts with the other, the choice of the patient, or his family or legal representative if the·patient to act in his own behalf, should prevail. Life prolonging medical treatment includes medication and artificially or technologically supplied respiration, nutrition or hydration. In treating a terminally ill or irreversibly comatose patient, the physician should determine whether the benefits of treatment outweigh its burdens..At all times, the dignity of the patient should be maintained.•. FEEDING THE COMATOSE 8 aspect of normal care, like protection from exposure or hygienic care, that is to be accorded to all patients. In this piece, I wish to review the thoughts of some... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Will to Nothingness: An Essay on Nietzsche's by Bernard ReginsterRobert GuayBernard Reginster, The Will to Nothingness: An Essay on Nietzsche's On the Genealogy of Morality New York: Oxford University Press, 2022. viii + 202 pp. isbn: 978-0-19-886890-3. Cloth, $80.00.One might imagine making a rough division between two different modes of modern European philosophy. In one, the way that the world seems to proceed belies the actual (...) ground of things; the task of philosophy is to uncover the sources of our misunderstanding and identify the categories that account for genuinely real processes. The other mode of philosophy questions the determinacy and stability of the categories through which we make sense of the world. Here the task of philosophy is not to settle on the right categories or the actual ground, but to gain some purchase on our confusions and self-deceptions when we try to make sense of things. There may be some philosophers (Hegel and Wittgenstein, perhaps) who try to straddle the divide here. But in general the divide is great enough that if an interpreter mistakes one mode for the other it would be costly: no matter how circumspect the particular claims are, all the interpretive results will be misguided. Something like this, I want to claim, is the case with Bernard Reginster's The Will to Nothingness.There are many detailed discussions in Reginster's book. For the purpose of this review, however, I want to focus on the general critical argument, [End Page 104] in part because there is already at least one excellent review of the book (Mark Migotti's in Notre Dame Philosophical Reviews, June 1, 2022), and in part because I think it goes wrong at the level of its entire approach. On Reginster's account GM is composed of a series of "psychological studies" (3) of a version of Christian morality and its central aspects. These psychological studies treat moral judgments as symptoms of affective states, and in this way uncover the functional role that moralities play in the affective lives of agents. Moralities are "designed" (12), as it were, for emotional regulation. Christian morality, in particular, expresses the ressentiment of those beset by feelings of impotence and serves their will to power. Genealogical critique proceeds by uncovering the actual function of morality and then showing how well (or rather poorly) morality fulfills its proper function. Moral beliefs are supposed to enhance the agents' feeling of power, but instead work to sicken and enervate them, and indeed morality "incites" (46) such a pernicious functioning.While I am sympathetic to the idea that genealogy offers a functional assessment of morality, I think that Reginster has taken the wrong approach here. So now I want to draw a broad contrast between Reginster's approach and an alternative one, and then offer six sets of reasons for favoring the alternative approach.On Reginster's account, Nietzsche is interested in specifying and analyzing a precise conception of morality, with all of its attendant normative judgments, metaethical commitments, characteristic beliefs about moral psychology, and so on. These features were all, as constitutive of the morality in question, familiar to the believers in that morality. The purpose, then, of a historical account of origins is to give a unitary explanation for the adoption of the morality in terms of a single underlying affective condition and drive. Agents adopt moralities because, whether they realize it or not, holding moral beliefs facilitates a form of emotional self-regulation. To criticize these beliefs Nietzsche makes a sort of inverted teleological argument. He identifies the essential function of the beliefs and shows that they work against the fulfillment of their own function.Here, by contrast, is a different way of thinking about what Nietzsche is doing. He is not interested in explaining the moral beliefs of reflective, fully developed agents. Instead, he wants to explain how the semantic resources that contribute to morality could have become available at all. The puzzle, for Nietzsche, is how the basic terms of morality could ever even seem to make sense. So the historical account of genealogy is meant to suggest [End Page 105] social... (shrink)

In this essay we defend the view that from a purely rule-utilitarian perspective there is no sound argument favoring the immorality of hostile liquidating buyouts. All arguments favoring such a view are seriously flawed. Moreover, there are some good argument favoring the view that such buyouts may be morally obligatory from the rule-utilitarian perspective. We also defend the view that most of the shark repellents in the market are immoral. If we are right in our arguments (...) there is no justification, moral or otherwise, for any form of legislation that would constrain the practice of hostile liquidating buyouts. (shrink)

Was Durkheim an apologist for the authoritarianism? Is the sociology founded upon his work incapable of critical perspective; and must it operate under the presumption that social agents, including sociologists themselves, are incapable of reflexivity? Certainly some have said so, but they may be wrong. In this essay, I address these questions in the light of Durkheim's revisionary sociology of morals. I elaborate on unfinished elements in Durkheim's abruptly concluded (because of his early and unexpected death) scholarship, pointing (...) out Durkheim's recognition that co-present moral spheres always exist in an organically complex society, and explaining how these co-present spheres obligate social agents to untether from any absolute moral affiliations. Ultimately, then, the argument shows how the solidarity/social-order relationship is transcended within Durkheim's sociology, even by Durkheim himself. (shrink)

As a classical liberal, or libertarian, I am concerned to advance liberty and minimize coercion. Indeed on this view liberty just is the absence of coercion or costs imposed on others. In order to better understand the notion of coercion I discuss Robert Nozick's classic essay on the subject as well as more recent contributions. I then address the question of whether law is coercive, and respond to Edmundson and others who think that it isn't. Assuming that (...) the law is in fact coercive, there is still a question,as with all coercive acts, as to whether that coercion is justified. Edmundson thinks that this places a special burden on the state of justifying its existence, whereas it simply places the same burden on the state as anyone else. What I reject is the longstanding doctrine of Staatsrason, namely that the state is not subject to the same moral rules as its subjects. With respect to the relation of morality to law, Edmundson thought that another of the fallacies of which philosophical anarchists were guilty was that of assuming that there was a sphere of morality where law had no business. On the contrary, our concern is with spheres of law which appear to have little to do with morality, which is to say laws against wrongs of the malum prohibitum variety, as opposed to wrongs which are malum in se. I then turn to a matter with which Edmundson begins his study, namely how it is that states acquire the authority to do what they do, namely coerce their subjects. While the fact that the philosopher's stone of political obligation has proved rather elusive may mean that a legitimate state lacks the authority to demand obedience pure and simple, Edmundson contends that it can at the very least demand that we do not interfere in the administration of justice. I argue that this attempt to sidestep the justification of the authority of the state fails and that we seem in the end to be having to take the state's word for it that we must do X on pain of penalty P. Nor, as I go on to argue, is it any help to appeal to democracy to remedy a failed justification of the authority of the state. There either is a moral justification of state coercion in order to prevent harm to innocent subjects, or there isn't, and this holds,if it does, not only at the level of individuals, but also at the level of the state, regardless of its constitutional form. After concluding that the attempts of Edmundson and others to refute the anarchic turn in recent political philosophy have failed, it would seem that the withering away of the state foreseen in Marx's eschatology is not as improbable as maybe it once appeared. (shrink)

Jennifer Bird-Pollan has recently argued that Nozickians are wrong to oppose the estate tax. Promising to argue from within the Nozickian framework, she presses the fundamental point that the estate tax does not violate anyone’s rights: neither the deceased nor their would-be heirs can claim a right to any holdings subject to the estate tax. This paper shows that Bird-Pollan’s discussion fails on three fronts. First, she frequently misinterprets Nozick, and thus does not defend the estate (...) tax from a Nozickian perspective. Second, even if Bird-Pollan is correct in denying that the deceased and their potential heirs have a right to the holdings in question, it does not follow that the estate tax is licit, because Nozickians can oppose it on other grounds. For example, Nozickians may hold that the enforcement of the estate tax will violate other rights people have. The government’s preemptive claims to holdings subject to estate taxes, along with the force required to enforce those claims, are unjustified. The crucial premise motivating these conclusions is the Nozickian denial that our current state possesses the authority to enforce the estate tax. This is the third front on which Bird-Pollan’s argument fails: she must show that Nozickians ought to believe government has the moral authority to enforce the estate tax, yet she makes no effort to do so. (shrink)

Robert Sparrow recently argues that state-driven moral bioenhancement is morally problematic because it inevitably invites moral perfectionism. While sharing Sparrow’s worry about state-driven moral bioenhancement, I argue that his anti-perfectionism argument is too strong to offer useful normative guidance. That is, if we reject state-driven moral bioenhancement because it cannot remain neutral between different conceptions of the good, we might have to conclude that all forms of moral enhancement program ought not be made (...) compulsory, including the least controversial and most popular state-driven program: compulsory (moral) education. -/- In this paper, I argue that instead, the spirit of Sparrow’s worry should be recast in the language of the capability approach – an approach that strives to enhance people’s capabilities to develop their own conceptions of the good by restricting itself from endorsing thick conceptions of the good. The distinction made regarding thick and thin conceptions of the good helps better capture sentiments against state-driven bioenhancement programs without falling prey to the issues I raise against Sparrow’s anti-perfectionist arguments. (shrink)

Diggins observes in this essay that, while Nozick and Hook shared a passion for freedom and for understanding liberty in all its complexities, the two philosophers, one a libertarian and the other a democratic socialist, occupied different worlds when it came to how they viewed property and power. Nozick believed that freedom and justice depended upon a minimal state that would be severely restricted in its exercise of power. Sidney Hook never renounced his conviction, born of his (...) early attraction to Marxism, that truly dangerous power is wielded not principally by government but by private individuals of great material wealth: by industrialists. Diggins examines the divergent views of these two seminal thinkers on such issues as human rights, private property, democracy, and judicial review. The differences are profound, yet they shared a common interest in the life of the mind and in exploring such hoary philosophical topics as free will versus determinism and the grounding of moral values. (shrink)

Is it legitimate to acquire one’s moral beliefs on the testimony of others? The pessimist about moral testimony says not. But what is the source of the difficulty? Here pessimists have a choice. On the Unavailability view, moral testimony never makes knowledge available to the recipient. On Unusability accounts, although moral testimony can make knowledge available, some further norm renders it illegitimate to make use of the knowledge thus offered. I suggest that Unusability accounts provide the strongest form of (...) pessimist view. I consider and reject five Unavailability accounts. I then argue that any such view will fail. But what is the norm rendering moral testimonial knowledge unusable? I suggest it lies in the requirement that we grasp for ourselves the moral reasons behind a moral view. This demand is one testimony cannot meet, and that claim holds whatever account we offer of the epistemology of testimony. However, while appeal to this requirement forms the most plausible pessimist view, it is another question whether pessimism is correct. (shrink)

In this paper, I will analyze and critically evaluate 20th century American philosopher Robert Nozick’s position regarding utilitarianism; how he refutes utilitarianism with reference to two new concepts called “Experience Machine” and “Utility Monster”. I will argue that if we were given the option of entering into an experience machine as Nozick presented in his book Anarchy State and Utopia, in which we can create a new better life for ourselves, then it would be irrational to refuse the (...) option. I will then reply to Nozick’s objection regarding utilitarianism within his concept of utility monster, where he argued that accepting the theory of utilitarianism causes the necessary acceptance of a utility monster, that is, the condition that some people would use this doctrine to justify the exploitation of others. I will argue here that giving “happy units” to weak utility monsters can bring about wonderful result. All my arguments are formed within utilitarian consequentialist framework. Philosophy and Progress, Vol#61-62; No#1-2; Jan-Dec 2017 P 165-176. (shrink)

Koplin and Wilkinson argue for the sociological claim that many believe that the moral uncertainty argument provides significant moral reasons against farming human–pig chimaeras for their organs but that there no are significant moral reasons against farming non-chimeric pigs for food. And yet, K&W argue for the ethical claim, that if the moral uncertainty argument provides significant moral reasons against farming for organs then there are similar moral reasons against farming for food. The moral uncertainty argument (...) appears to be an application of what I have called ‘the moral status framework’ to farming for organs.1–3 According to the moral status framework, human–animal chimaera research should be evaluated as to its risk of enhancing the moral status of an animal to that of a normal human while continuing to treat the animal as animals are usually treated in biomedical research.4 In status-enhancing research, ‘sacrificing the fundamental interests of the chimeric research subject as they would have been sacrificed in any other animal research is the moral equivalent of sacrificing the fundamental interests of a fully functional adult human being. On all but the most extreme animal rights views, this makes status-enhancing research much worse than other biomedical research on animals, and on any plausible view, makes it absolutely unacceptable’.5 K&W similarly say that, according to the moral uncertainty argument, ‘It would be gravely wrong to treat humans the same way we do animal …. (shrink)

Several recent critiques of theodicy have incorporated some form of moral objection to the theodical enterprise, in which the critic argues that one ought not to engage in the practice of theodicy. In defending theodical practice against the moral critique, Atle O. Søvik argues that the moral critique (1) begs the question against theodicy, and (2) misapprehends the implications of the claim that it is inappropriate to espouse a theodicy in certain situations. In this paper I suggest (...) some sympathetic emendations for Søvik's theodical apologetic, but I argue against Søvik's claim that the moral critique of theodicy is altogether irrelevant. (shrink)

The issue of wrongful disability arises when parents face the choice whether to produce a child whose life will be unavoidably flawed by a serious disease or disorder (Down syndrome, for example, or Huntington’s disease) yet clearly worth living. The authors of From Chance to Choice claim, with certain restrictions, that the choice to produce such a child is morally wrong. They then argue that an intuitive moral approach––a “person-affecting” approach that pins wrongdoing to the (...) harming of some existing or future person––cannot account for that wrong since the choice to produce such a child cannot, under the logic of the nonidentity problem, harm that child. The authors propose that we supplement the person-affecting approach with an “impersonal” principle that takes the form of their well-known principle N. In this paper, I argue that the authors are mistaken to suppose that a plausibly articulated person-affecting approach cannot account for the wrong of wrongful disability. We can retain an intuitive, comparative, “worse for” account of harm and still identify serious harms imposed by the choice of wrongful disability. In particular, I argue that harm, both to the impaired child and to others, comes not in the form of that procreative choice’s procreative effect but rather in the form of its many distributive effects. I also argue that the rare, residual case in which a person-affecting approach would approve of the choice of wrongful disability does not function as a counterexample to that approach. As a separate matter, I address legal claims for wrongful disability, which are closely akin to claims for wrongful life. The legal claim is brought by the impaired child, not against the parents, but rather against health care providers whose negligent failure to diagnose or inform parents of an increased risk of a genetic or congenital impairment results in the birth of the impaired child. The authors’ treatment of the moral wrong that is done as impersonal in nature suggests that courts are correct to dismiss any such claim. Once we identify harm, however, the person-affecting approach can identify a clear foundation in the law for the wrongful disability claim. (shrink)

Appealing to reason rather than religious belief, this book is the most comprehensive case against the choice of abortion yet published. _The Ethics of Abortion_ critically evaluates all the major grounds for denying fetal personhood, including the views of those who defend not only abortion but also infanticide. It also provides several justifications for the conclusion that all human beings, including those in utero, should be respected as persons. This book also critiques the view that abortion is not (...) wrong even if the human fetus is a person. _The Ethics of Abortion_ examines hard cases for those who are prolife, such as abortion in cases of rape or in order to save the mother’s life, as well as hard cases for defenders of abortion, such as sex selection abortion and the rationale for being “personally opposed” but publically supportive of abortion. It concludes with a discussion of whether artificial wombs might end the abortion debate. Answering the arguments of defenders of abortion, this book provides reasoned justification for the view that all intentional abortions are morally wrong and that doctors and nurses who object to abortion should not be forced to act against their consciences. (shrink)

Many business transactions and employment contracts are wrongfully exploitative despite being consensual and beneficial to both parties, compared with a nontransaction baseline. This form of exploitation can present governments with a dilemma. Legally permitting exploitation may send the message that the public condones it. In some economic conditions, coercively enforced antiexploitation law may harm the people it is intended to help. Under these conditions, a way out of the dilemma is to enact laws with provisions that lack coercive (...) enforcement. Noncoercive law would convey the state’s condemnation of wrongful exploitation without risking the harmful effects of coercively enforced law. It would also give firms and their agents a way of explaining nonexploitative pricing decisions to investors, and it may help give precise content to the moral duty to set prices and wages fairly. Governments should thus consider noncoercive law a viable component of their responses to exploitation. (shrink)

Proponents of the view which I call ‘moral antitheodicy’ call for the theistic discourse of theodicy to be abandoned, because, they claim, all theodicies involve some form of moral impropriety. Three arguments in support of this view are examined: the argument from insensitivity, the argument from detachment, and the argument from harmful consequences. After discussing the merits of each argument individually, I attempt to show that they all must presuppose what they are intended to establish, namely, that the (...) set of premises advanced in any given theodicy will be untenable. I conclude by discussing what uses there might be for the moral critique of theodicy, if it cannot be used to ground a global rejection of theodical practice. (shrink)

ABSTRACTThe contemporary debate over responsibility for belief is divided over the issue of whether such responsibility requires doxastic control, and whether this control must be voluntary in nature. It has recently become popular to hold that responsibility for belief does not require voluntary doxastic control, or perhaps even any form of doxastic ‘control’ at all. However, Miriam McCormick has recently argued that doxastic responsibility does in fact require quasi-voluntary doxastic control: “guidance control,” a complex, compatibilist form of control. (...) In this paper, I pursue a negative and a positive task. First, I argue that grounding doxastic responsibility in guidance control requires too much for agents to be the proper targets for attributions of doxastic responsibility. I will focus my criticisms on three cases in which McCormick's account gives the intuitively wrong verdict. Second, I develop a modified conception of McCormick's notion of “ownership of belief,” which I call Weak Doxastic Ownership. I employ this conception to argue that responsibility for belief is possible even in the absence of guidance control. In doing so, I argue that the notion of doxastic ownership can do important normative work in grounding responsibility for belief without being subsumed under or analyzed in terms of the notion of doxastic control. (shrink)

The theme of this paper is that while there are four seemingly contradictory classes of statements in the Tao de Ching regarding moral values and the Taoist sage, these statements can be interpreted to be consistent with each other. There are statements which seemingly state or imply that nothing at all can be said about the Tao; there are statements which seemingly state or imply that all value judgements are relative; there are statements which appear to attribute (...) moral behaviour to the Taoist sage and there are statements which appear to attribute amoral or immoral behaviour to the Taoist sage. A consistent interpretation of these different statements can be found first by qualifying the assertion that the Tao is not capable of description to the less absolute assertion that nothing absolutely true can be said about the Tao; second, by arguing that the statements that appear to make all values relative refer to the correlativity of concepts, not the equality of values. Moreover, since the statements that appear to attribute moral behaviour to the sage are, by virtue of their predominance in the text, well justified and that by virtue of their paucity in the text, it is plausible to seek an alternate interpretation for the statements that seem to attribute amoral or immoral behaviour to the sage. Finally, the way in which the sage can be seen as good without attributing goodness to the Tao is by distinguishing between the way the sage appears to the observer who is outside of the Tao and the way in which the sage appears to himself. This latter distinction takes the form of the sage as appearing to display the quality of goodness in itself but not goodness for itself. (shrink)

The theme of this paper is that while there are four seemingly contradictory classes of statements in the Dao de Jing regarding moral values and the Daoist sage, these statements can be interpreted to be consistent with each other. There are statements which seemingly state or imply that nothing at all can be said about the Dao; there are statements which seemingly state or imply that all value judgements are relative; there are statements which appear to attribute (...) moral behaviour to the Daoist sage and there are statements which appear to attribute amoral or immoral behaviour to the Daoist sage. A consistent interpretation of these different statements can be found first by qualifying the assertion that the Dao is not capable of description to the less absolute assertion that nothing absolutely true can be said about the Dao; second, by arguing that the statements that appear to make all values relative refer to the correlativity of concepts, not the equality of values. Moreover, since the statements that appear to attribute moral behaviour to the sage are, by virtue of their predominance in the text, well justified and that by virtue of their paucity in the text, it is plausible to seek an alternate interpretation for the statements that seem to attribute amoral or immoral behaviour to the sage. Finally, the way in which the sage can be seen as good without attributing goodness to the Dao is by distinguishing between the way the sage appears to the observer who is outside of the Dao and the way in which the sage appears to himself. This latter distinction takes the form of the sage as appearing to display the quality of goodness in itself but not goodness for itself. (shrink)

Appealing to reason rather than religious belief, this book is the most comprehensive case against the choice of abortion yet published. This _Second Edition_ of _The Ethics of Abortion _critically evaluates all the major grounds for denying fetal personhood, including the views of those who defend not only abortion but also post-birth abortion. It also provides several justifications for the conclusion that all human beings, including those in utero, should be respected as persons. This book also critiques the view (...) that abortion is not wrong even if the human fetus is a person. _The Ethics of Abortion _examines hard cases for those who are prolife, such as abortion in cases of rape or in order to save the mother’s life, as well as hard cases for defenders of abortion, such as sex selection abortion and the rationale for being "personally opposed" but publically supportive of abortion. It concludes with a discussion of whether artificial wombs might end the abortion debate. Answering the arguments of defenders of abortion, this book provides reasoned justification for the view that all intentional abortions are ethically wrong and that doctors and nurses who object to abortion should not be forced to act against their consciences. Updates and Revisions to the Second Edition include: -A response to Alberto Giubilini’s and Francesca Minerva’s now famous 2012 article, "After-Birth Abortion" in the _Journal of Medical Ethics _ -Responses to new defenses of Judith Jarvis Thomson’s violinist argument -The addition of a new chapter on gradualist views of fetal moral worth, including Jeff McMahan’s Time-Relative Interest Account -The addition of a new chapter on the conscience protection for health care workers who are opposed to abortion -Responses to many critiques of the first edition, including those made by Donald Marquis, David DeGrazia, and William E. May. (shrink)

With the rise of review sites and social media, films today, as soon as they are shown, immediately become the topic of debates on their merits not only as entertainment, but also as serious forms of artistic expression. Philosopher Robert B. Pippin, however, wants us to consider a more radical proposition: film as thought, as a reflective form. Pippin explores this idea through a series of perceptive analyses of cinematic masterpieces, revealing how films can illuminate, in a concrete (...) manner, core features and problems of shared human life. Filmed Thought examines questions of morality in Almodóvar’s Talk to Her, goodness and naïveté in Hitchcock’s Shadow of a Doubt, love and fantasy in Sirk’s All That Heaven Allows, politics and society in Polanski’s Chinatown and Malick’s The Thin Red Line, and self-understanding and understanding others in Nicholas Ray’s In a Lonely Place and in the Dardennes brothers' oeuvre. In each reading, Pippin pays close attention to what makes these films exceptional as technical works of art and as intellectual and philosophical achievements. Throughout, he shows how films offer a view of basic problems of human agency from the inside and allow viewers to think with and through them. Captivating and insightful, Filmed Thought shows us what it means to take cinema seriously not just as art, but as thought, and how this medium provides a singular form of reflection on what it is to be human. (shrink)

What's Wrong?: Applied Ethicists and Their Critics is a thorough and engaging introduction to applied ethics that covers virtually all of the issues in the field. Featuring more than ninety-five articles, it addresses standard topics--such as abortion, euthanasia, capital punishment, world hunger, and animal rights--and also delves into cutting-edge areas like cloning, racial profiling, same-sex marriage, prostitution, and slave reparations. The volume includes seminal essays by prominent philosophers (Robert Nozick, James Rachels, Peter Singer, and Judith Jarvis Thomson) (...) alongside work by newer voices in the field. Employing a unique approach to teaching argumentation, editors David Boonin and Graham Oddie unify the wealth of material presented in this collection. Each chapter opens with a featured article that takes a strong stand on a particular issue; the essays that immediately follow offer objections and critical responses to the arguments put forth in the featured selection. This format helps students learn how to better engage in debates because it illustrates how philosophers argue with each other. In addition, a general introduction describes strategies for understanding and evaluating the different types of arguments contained in the readings, while detailed chapter introductions enable students to see precisely how the arguments presented in the various writings are related to one another. Discussion questions and suggestions for further reading are included for each chapter. Ideal for courses in introduction to ethics and applied ethics/contemporary moral problems, What's Wrong? can also be used in critical thinking courses that emphasize philosophical argumentation. (shrink)

It is commonly believed in research ethics that some form of equipoise is a necessary condition for justifying randomized clinical trials, that without it clinicians are violating the moral duty to do what is best for the patient. Recent criticisms have shown how complex the concept of equipoise is, but often retain the commitment to some form of equipoise for randomization to be justified. This article rejects that claim. It first asks for what one should be equally (...) poised (scientific or clinical equipoise), then asks who should be equally poised (scientist, clinician, or subject), and finally asks why any of these players need be equally poised between treatment options. The article argues that only the subject's evaluation of the options is morally relevant and that even the subject need not be equally poised or indifferent between the options in order to volunteer for randomization. All that is needed is adequately informed, free, and unexploited consent. It concludes equipoise is irrelevant. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Theory of International Bioethics: Multiculturalism, Postmodernism, and the Bankruptcy of Fundamentalism 1Robert Baker (bio)AbstractThis first of two articles analyzing the justifiability of international bioethical codes and of cross-cultural moral judgments reviews “moral fundamentalism,” the theory that cross-cultural moral judgments and international bioethical codes are justified by certain “basic” or “fundamental” moral principles that are universally accepted in all cultures and eras. Initially propounded by the judges (...) at the 1947 Nuremberg Tribunal, moral fundamentalism has become the received justification of international bioethics, and of cross-temporal and cross-cultural moral judgments. Yet today we are said to live in a multicultural and postmodern world. This article assesses the challenges that multiculturalism and postmodernism pose to fundamentalism and concludes that these challenges render the position philosophically untenable, thereby undermining the received conception of the foundations of international bioethics. The second article, which follows, offers an alternative model—a model of negotiated moral order—as a viable justification for international bioethics and for transcultural and transtemporal moral judgments.Man in the Twentieth Century can not be circumscribed by the standards of any single culture.American Anthropological Association (1948) in a statement officially denouncing the 1948 United Nation’s Declaration of Human Rights.Recently... so-called “liberal” medicine has revived the old rights of a clinic understood in terms of a special contract, a tacit pact made between one man and another. This patient gaze has even been attributed the power of assuming [a role in clinical decision making].Miracles are not so easy to come by....Michel Foucault (1975, p. 5) [End Page 201]An Overview of the AnalysisInternational bioethics originated in the trauma of the Holocaust, specifically, in the 1946–1947 Nuremberg “Doctors Trial” when a tribunal of three American judges convicted Nazi medical researchers of “crimes against humanity.” In justifying their judgment, the Nuremberg Tribunal cited 10 principles for morally permissible research, which, they claimed, were based on “fundamental” principles that civilized societies “all agree” upon and accept as the foundations of their “moral, ethical, and legal” norms. Foremost among the principles was one stating that morally permissible human experiments require the informed voluntary consent of the subject. The Nuremberg judgment soon became associated with the ideal of human rights declared in the 1948 United Nations Charter. These two ideas—fundamental principles of morality and human rights—have been linked in all major formulations of international bioethics promulgated in the past 50 years, including the Council of Europe’s 1997 Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine (Council of Europe 1997; Dommel and Alexander 1997). In this paper, I explore the received justification for international bioethics—the idea that it is grounded in fundamental principles accepted in all societies—tracing it from its initial, almost off-hand, promulgation by the Nuremberg Tribunal, through its more thoughtful development by such bioethicists as Ruth Macklin, to its more complex use by the President’s Advisory Committee on Human Radiation Experiments.After a brief review of the evolution of the received justification, I discuss the viability of this justification in the face of the critique implicit in two important intellectual movements: multiculturalism and postmodernism. In the international context, multiculturalism asserts the claim that there are no common moral principles shared by all cultures. Postmodernism asserts a similar claim against all universal standards, moral and nonmoral. In the 1990s, bioethicists have attempted to respond to these claims in various ways. These responses are documented, analyzed, and then shown to be “bankrupt,” in the sense that they undercut the most important objective of moral fundamentalism: the justification of transcultural moral judgments, such as the condemnation of the Nazi doctors.A second article, which follows the present one in the same issue of the Kennedy Institute of Ethics Journal, revisits the contractarian tradition [End Page 202] of Hobbes and Locke, as it has been reinterpreted by David Gauthier (1986), John Rawls (1971, 1993), and Robert Nozick (1974), to develop the idea of negotiated moral order as the basis of international bioethics. When conceptualized as a negotiated moral order, international bioethics can accept the genuine insights... (shrink)

In the longstanding debate between liberals and libertarians over the morality of redistributive labor taxation, liberals such as John Rawls and Ronald Dworkin have consistently taken the position that such taxation is perfectly compatible with individual liberty, whereas libertarians such as Robert Nozick and Murray Rothbard have adopted the (very) contrary position that such taxation is tantamount to slavery. In this paper, I argue that the debate over redistributive labor taxation can be usefully reconstituted as a (...) debate over the incidents (or components) of self-ownership, with liberals arguing for a narrow definition of the concept and libertarians arguing for a broad one. By using what Alan Ryan has called the “language of proprietorship,” I pinpoint precisely the source of the disagreement between liberals and libertarians and assess the relative strengths of their arguments. I also show that the respective definitions of self-ownership used by liberals and libertarians are deeply problematic—though for strikingly different reasons. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 13.3 (2003) 189-192 [Access article in PDF] Is There a Common Morality? Robert M. VeatchSenior EditorOne of the most exciting and important developments in recent ethical theory—especially bioethical theory—is the emergence of the concept of "common morality." Some of the most influential theories in bioethics have endorsed the notion using it as the starting point of their systems. This issue of the Journal (...) is devoted to these developments.The core idea of a common morality is that all humans—at least all morally serious humans—have a pretheoretical awareness of certain moral norms. The claim is that normal humans intuit or in some other way know that there is something wrong with things like lying or breaking promises or killing people. These purportedly universally shared insights can provide the raw data from which ethical theories are constructed. As such, they are perhaps analogous to the raw sense data that are relied on in the natural sciences to launch the construction of scientific theories and accounts of the nature of reality. Some common morality theorists suggest an analogy between the natural and the moral sciences.In the natural sciences there is a widely shared belief that some raw sensory data are perceived by all normal humans and provide the basis for the construction of various scientific theories. For example, it is widely believed that all normal humans looking at the top light on a traffic signal perceive something that in English is called "red." Of course, different cultures will use different language to describe this experience. They may parse the boundaries differently (varying on the exact borderline between red and orange), provide widely differing accounts of why the experience of "red" occurs, and eventually generate significantly different theoretical formulations to explain the experience of redness. Moreover, some individuals may look at that top light of the traffic signal and not see color at all. One generally, however, does not account for this by denying there is any objective, generally shared basis for the experience that produces a sensation of redness in normal people. One simply explains the experience of the one who fails to see color by positing a defect in perception, called "color-blindness."Some moral theorists suggest that something analogous happens when humans look at the moral scene. The claim is that all normal humans in all places and cultures "see" certain moral requiredness. They see that some behaviors are, in some sense, generally wrong; that other behaviors are generally right; that [End Page 189] some character traits are generally praiseworthy, others blameworthy. No sophisticated common morality theorist denies that, as with color-blindness, there may be occasional outliers who for one reason or another fail to intuit or perceive these simple, abstract moral norms. Certainly, people in different cultures will define the terms differently, will recognize different limits on the norms, and will construct different theories to account for their experience. The primitive idea that there is something generally wrong with killing other humans will be articulated very differently in different cultures—some referring to the "sacredness of life;" others to a duty not to kill, a right to life, or a prohibition on killing the innocent. Some may extend the insight to a duty to prolong living, others limit it merely to a prohibition of direct, active killing. Some may endorse more exceptions—for killing of unjust aggressors, for killing in just war, for killing in self-defense; others, such as pacifists, will be much more stingy in doling out exceptions. Certainly, people at different times and places will articulate the norms in different language and embed them in different theories. The basic claim of common morality theorists, however, is that there is some primitive, pretheoretical insight that is shared by all normal, morally serious persons.Recently, the notion of a common morality has served as a starting point for bioethical theories as diverse as Bernard Gert, Charles Culver, and Danner Clouser's Bioethics: A Return to Fundamentals (1997) and the latest edition of Tom Beauchamp and James Childress's Principles of Biomedical Ethics... (shrink)

Bracket out the wrong of committing a wrong, or conspiring or colluding or conniving with others in their committing one. Suppose you have done none of those things, and you find yourself merely benefiting from a wrong committed wholly by someone else. What, if anything, is wrong with that? What, if any, duties follow from it? If straightforward restitution were possible — if you could just ‘give back’ what you received as a result of the (...) wrongdoing to its rightful owner — then matters are morally more straightforward. But in real-world cases that is often impossible, and questions of ‘how much, from whom and to whom?’ become far more vexing. The beneficiary disgorging all benefits of the wrong is part of the story, but where that is not possible or will not suffice to compensate the victim of wrongdoing we discuss various ways of allocating the cost of making the victim whole, including supplementation from public coffers. (shrink)

For-profit managed care organizations face decisions about cost sharing that can involve a tradeoff between the interests of investors and the interests of patients. No successful business can ignore the interests of its investors, but moral philosophy points to ethical reasons for managed care organizations to make patients’ health, rather than investors’ profit, their primary goal. One reason is the ethical obligation of all businesses to avoid wrongful exploitation of vulnerable customers. An insurance company’s cost-sharing policy can exploit customers (...) either by collecting an unfairly large amount of money from them or by unfairly deterring them from making claims for resources they medically need. Another reason stems from the fact that managed care organizations’ profits derive in part from the existence of artificial barriers to access to medicine, notably including patents. Putting a fence around a water well in the desert is legitimate only if doing so facilitates a financial arrangement that maximizes people’s access to water they need. Likewise, patents and other artificial barriers to access to medically necessary drugs are legitimate only if they are used to help finance access to medical resources people need. For these reasons, managed care organizations should make cost-sharing decisions that maximize the sustainable availability of effective drugs to patients who need them. (shrink)

An investigation into the assessment of the moral components which were developed by John Wilson, is reported. Tests fox the classroom measurement of two components were developed. The components were; PHIL(CC), the claiming of concern for other persons as an overriding, universal, and prescriptive principle in moral decision making; and; GIG, knowledge of factual information which is relevant in making moral decisions which subjects face. The test development exercise was undertaken at a time when public interest in moral education was (...) growing. The recent demand for moral education in Auckland is reviewed. Over the last fifteen years, since the Currie Commission Report, reports by committees investigating the purposes of schools have increasingly emphasised moral and social education as school objectives. The Department of Education appeared to be sympathetic towards the cause of moral education. The submissions made by the public during the Educational Development Conference suggested that, in general, parents and citizens were prepared to consider innovative programmes in social or moral education, although there was little agreement on what form such training or education should take. A number of teachers were supporters of moral education. The primary purpose in constructing tests for Wilson's components was to provide an instrument which would assist in the evaluation of moral education curriculum projects in Auckland secondary schools. Evidence concerning descriptive, content, domain selection, construct and concurrent validity is presented. Kuder-Richardson, retest and criterion-referenced reliability studies were undertaken. It is claimed that an instrument with sufficient validity and reliability has bean produced for the summative evaluation of curriculum projects, and the diagnostic investigation of class groups using the test as a criterion-referenced measure. Auckland intermediate and secondary school pupils were surveyed, using the tests produced and punch card recording in an attempt to identify significant variables. Over 1,100 children completed the tests under controlled conditions. Significant variables identified using the test for PHIL(CC) were socio-economic level for twelve-year-old children, and intelligence for sixteen-year-old children. The effect of schooling appeared to be significant at all levels. Age does not appear to markedly increase children's concern for others. Age was related to performance in the knowledge test. Older children knew more. Other significant variables for GIG were socio-economic level (middle levels performed better) and the effects of schooling. There was some evidence that females know more than males. In both tests it appears that there is considerable interaction between the variables. Suggestions for the further development of the tests are given. (shrink)

This paper develops a critique of the concept of ‘ethical identity’ as this has been used recently to distinguish between ‘cynical’ and ‘authentic’ forms of corporate responsibility. Taking as our starting point Levinas’ demanding view of responsibility as ‘following the assignation of responsibility for my neighbour’, we use a case study of a packaging company—PackCo—to argue that a concern with being seen and/or seeing oneself as responsible should not be confused with actual responsibility. Our analysis of the case (...) points first to the allure of programmes of strategic corporate responsibility and the ways in which, through identification, they can provide a tacit form of moral sanction to managers in their aggressive pursuit of profit. It then contrasts the responses of different managers to negative staff feedback to illustrate the difference between managers’ attempts to defend their identity of being ‘responsible’ managers, and responsible conduct itself. The paper concludes that a potent danger of programmes of corporate responsibility is that they allow managers to deceive not just others, but also themselves in relation to the exercise of responsibility. (shrink)

The first section of the Groundwork begins “It is impossible to imagine anything at all in the world, or even beyond it, that can be called good without qualification— except a good will.”1 Kant’s explanation and defense of this claim is followed by an explanation and defense of another related claim, that only actions performed out of duty have moral worth. He explains that actions performed out of duty are those done from respect for the moral law, (...) and then culminates the first section with a formulation of that law, “I ought never to act except in such a way that I could also will that my maxim should become a universal law”. Kant dubs this fundamental principle of morality “the Categorical Imperative”. (shrink)

In his article, “Wittgenstein and Basic Moral Certainty,” Nigel Pleasants argues that killing an innocent, non-threatening person is wrong. It is, he argues, “a basic moral certainty.” He believes our basic moral certainties play the “same kind of foundational role as [our] basic empirical certaint[ies] do.” I believe this is mistaken. There is not “simply one kind of foundational role” that certainty plays. While I think Pleasants is right to affiliate his proposition with a Wittgensteinian form of (...) certainty, he exposes himself to a tension that exists in On Certainty regarding how we acquire it: is certainty natural, is it social? In this paper, I present two ways in which we come to possess certainty: a bottom-up approach, where certainty is part of our instinctual predisposition, and a top-down approach, where certainty is acquired through positive reinforcement by family and culture. (shrink)

In “The misguided quest for the ethics of enhancement”, Tom Murray makes two related claims. First, he argues that “understanding the ethics of enhancement is deeply dependent on context". Second, he suggests that, as a consequence, we should not look for “a single all-purpose ethics for every form of human enhancement”. In this brief response, I argue that while Murray is correct in the first of these claims, there is an important sense in which he is (...) class='Hi'>wrong in the second. His focus on the ethics of enhancement in sport serves him well in illustrating how our reasons to embrace or resist technological change as it impacts on athletes and players depends crucially on “why we play” and, in particular, on nature of the excellences made possible by the current rules of the game. However, the thing about life is that the “rules” are unknown and the meaning of participation and the excellences it makes possible are widely disputed. For this reason, a focus on the ethics of sport serves us less well when it comes to the larger question of the attitude we should take towards “human enhancement”. In the context of the profound disputes about the nature of the good in modern liberal societies, we may indeed need a single, robust, theoretical framework through which to resolve questions about enhancement – although whether this is best thought of as an “ethics” or a “politics” of enhancement is a further (and difficult) question. Regardless of how such a framework is conceived, Murray’s observations about the importance of context, the significance of competition, and the attractions of a “public health ethics” approach, all serve to alert us to just how difficult the task of developing an ethics for human enhancement more generally is likely to be. (shrink)

What is the morally significant feature of discrimination? All of the following seem plausible – (i) discrimination is a kind of wrongdoing and it wrongs discriminatees, which is a matter of intrapersonal morality; (ii) in view of cases of indirect discrimination, significant normative features of discrimination are best captured in a discriminatee‐focused, or harm‐based, way; and (iii) discrimination, as an act‐type, necessarily involves interpersonal comparison. The first task of this article is to address which of intra‐ or interpersonal comparison (...) is relevant to philosophical questions concerning discrimination. I submit that each of them has a place in the theory of discrimination; while interpersonal comparison is relevant in determining whether a differentiating act counts as discrimination, intrapersonal comparison is relevant in assessing whether it is morally wrong. The second task is to develop further a harm‐based answer to the latter question. My final proposal is as follows: discrimination is pro tanto morally wrong to the extent that it makes the discriminatees worse off than they would be were it not for the discrimination at issue, where one's well‐being is understood in terms of what one endorses in one's optimum form. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 545 Haroutunian, would have balked at the notion that their " empiricism " could be abstracted from the christological and trinitarian confession 0£ the church. In general, it would seem that a genuinely " empirical" approach would seek to engage the actual truth claims of religious com· munities on their own terms-even when those claims conflict with historicist suppositions. Second, in so far as Dean (...) thinks there is a uniquely American reli· gious experience or style of thought, privileging that style seems a dangerous move indeed. Dean is not unaware of the dangers. He specifically denies that he is engaging in any form of " American exceptionalism " (p. 25) ; it is simply that an " appropriately American historicism, centering on American culture, would have a greater chance of suggesting practices that work for and are true for America " (p. 24). But I am skeptical that such disclaimers address the real problem. Near the very end of the book, Dean suggests that a modi· fied naturalism might lead to " a notion of God that was more genuinely American than anything earlier," culminating in the recognition that " American thought about God is really the thought of a national com· munity" (p. 144). Descriptively that may well be the case; but then the Christian theologian must seek norms elsewhere. History Making History does not show us how historicist insigh~ might be incorporated into ecumenical, trinitarian theology, but that does not mean the attempt will prove unfruitful. Meanwhile, this bit of philosophical tale-telling will hold the interest of readers theological and otherwise. JOSEPH L. MANCINA Yale University New Haven, Connecticut Medical Ethics: Sources of Catholic Teaching. By KEVIN D. O'ROURKE, O.P. and PHILIP BOYLE, O.P. St. Louis: Catholic Health Associa· tion, 1989. Medical Ethics: Common Ground for Understanding. By KEVIN D. O'RouRKE, O.P. and DENNIS BRODEUR. St. Louis: Catholic Health Association, 1989. Healthcare Ethics: A Theological Analysis. By KEVIN D. O'RouRKE, O.P. and BENEDICT ASHLEY, O.P. 3rd ed. St. Louis: Catholic Health Association, 1989. Sources of Catholic Teaching is a compendium of recent "official" statements by Roman Catholic ecclesiastical bodies on issues concern· ing medical ethics. Arranged alphabetically according to topics, this col- 546 BOOK REVIEWS lection of statements from the papacy, the Roman Congregations, and the conferences of Catholic bishops could prove to he a very helpful reference tool. It contains a brief introduction which seeks to explain the role of these statements in the Catholic moral theology and Catholic medical ethics, a table of contents of the statements included, and then the statements themselves. In most instances it does not contain the entire document or statement hut only excerpts therefrom. There are some weaknesses in this work. First, these statements are not self-explanatory; they are in need of interpretation and explanation in many instances. But the authors present only the bald text and do not offer any explanatory comments. They apparently presume that these statements are pellucid to the reader, hut this is an unwarranted pre· sumption. For example, clarifying comments should have been added to the statement from the Declaration on Euthanasia because the allocution of Pius XII about giving lethal doses of analgesia is not entirely clear. A second difficulty with this work is the brief and somewhat insubstantial introduction on conscience and the role these statements should play in the formation of conscience. This sort of work invites a substantial and extended commentary on the nature of moral judgments, the relationship of conscience to the natural law, and the authority of these statements. The authors note that not all of the official statements issued by various organs of the Church are of equal authority, hut they do not try to identify the specific authoritative status of the various statements they include in their work. The reader is thus left to his or her own devices to determine, for example, the relative weight of statements of the administrative hoard of the NCCB versus statements of state episcopal conferences. A still further problem is that some of the statements are of virtually no significant authority for Catholics. For example, the statement of the administrative hoard of the NCCB on AIDS is of questionable... (shrink)

Defenders of medical professionals’ rights to conscientious objection (CO) regarding emergency contraception (EC) draw an analogy to CO in the military. Such professionals object to EC since it has the possibility of harming zygotic life, yet if we accept this analogy and utilize jurisprudence to frame the associated public policy, those who refuse to dispense EC would not have their objection honored. Legal precedent holds that one must consistently object to all forms of the relevant activity. In the (...) case at hand, then, I argue that these professionals must also oppose morally innocuous practices that may prevent pregnancy after fertilization. These results reveal that such objectors cannot offer a plausible and consistent objection to harming zygotic life. Additionally, there are good reasons to reject the analogy itself. In either case, these findings call into question the case supporting refusals of EC based on scruples. (shrink)

How should we understand the emotional rationality? This first part will explore two models of cognition and analogy strategies, test their intuition about the emotional desire. I distinguish between subjective and objective desire, then presents with a feeling from the "paradigm of drama" export semantics, here our emotional repertoire is acquired all the learned, and our emotions in the form of an object is fixed. It is pretty well in line with the general principles of rationality, especially the lowest reasonable (...) principles. Turned to the second part of this side of reasonable. I will inquire how emotional beliefs, desires, and behaviors contribute to the rationality. I will present a very general biological hypothesis: emotions by controlling highlights the characteristics of perception and reasoning, so that we remove the difficulties due in particular to lead to paralysis; they are being simulated by a simplified perception of information, thus limiting our practice and cognitive choice. How are we to understand emotional or axiological rationality? I pursue analogies with both the cognitive and the strategic models, testing them against intuitions about emotional desires. We distinguish two different classes of desires, the subjective and the objective, and propose that emotions have a semantics that derives from "paradigmatic scenarios", in terms of which our emotional repertoire is learned and the formal objects of our emotions fixed. This fits in well with emerging facts about how our emotional capacities develop, and it can also be squared with the general principles of rationality, particularly minimal rationality. In the second part, I return to the perspective of rationality. I ask how emotions contribute to the rationality of beliefs, desires, and behavior. I proffer a very general biological hypothesis: Emotions spare us the paralysis potentially induced by a particular predicament by controlling the salience of features of perception and reasoning; they temporarily mimic the informational encapsulation of perception and so circumscribe our practical and cognitive options. (shrink)

Richard Konrad claims that businessmen are guilty of adhering to a vicious form of ethical relativism. In practice, the relativism takes the form of doing an act which ordinarily would be called wrong and then claiming that the act is right or justified because it falls under a special set of codes (business ethics) which preempt ordinary ones. These codes or business ethics establish moral sanctuaries for businessmen. Konrad examines three versions of the sanctuary position, argues (...) class='Hi'>that they fail, and concludes that the position is untenable. In this article it is claimed that Konrad is in error, that upon closer examination the three versions do provide justification for businessmen claiming relief from moral criticism. (shrink)

Vogelstein cautions medical organizations against jumping into the fray of controversial issues, yet proffers the 2012 American Academy of Pediatrics' Task Force policy position on infant male circumcision as ‘an appropriate use of position-statements.’ Only a scratch below the surface of this policy statement uncovers the Task Force's failure to consider Vogelstein's many caveats. The Task Force supported the cultural practice by putting undeserved emphasis on questionable scientific data, while ignoring or underplaying the importance of valid contrary scientific data. Without (...) any effort to quantitatively assess the risk/benefit balance, the Task Force concluded the benefits of circumcision outweighed the risks, while acknowledging that the incidence of risks was unknown. This Task Force differed from other Academy policy-forming panels by ignoring the Academy's standard quality measures and by not appointing members with extensive research experience, extensive publications, or recognized expertise directly related to this topic. Despite nearly 100 publications available at the time addressing the substantial ethical issues associated with infant male circumcision, the Task Force chose to ignore the ethical controversy. They merely stated, with minimal justification, the opinion of one of the Task Force members that the practice of infant male circumcision is morally permissible. The release of the report has fostered an explosion of academic discussion on the ethics of infant male circumcision with a number of national medical organizations now decrying the practice as a human rights violation. (shrink)

According to the Asymmetry, it is wrong to bring a miserable child into existence but permissible not to bring a happy child into existence. When it comes to procreation, we don’t have complete procreative liberty. But we do have some discretion. The Asymmetry seems highly intuitive. But a plausible account of the Asymmetry has been surprisingly difficult to provide, and it may well be that most moral philosophers – or at least most consequentialists – think that all (...) reasonable efforts to provide such an account have by now been exhausted. In this paper, I argue that, despite the difficulties, the Asymmetry is too important to be set aside. I also note a handful of accounts of the Asymmetry that have been proposed and why they fail. It seems, for example, that it will not do to say that some people matter morally and others don’t, or that a person matters morally in some worlds but not others. My own conclusion is that, while we are bound to say all people matter morally – you, me and the merely possible – we are not bound to say that all their losses– or all ours– matter morally. We can instead distinguish between morally significant and insignificant losses, with the distinction between the two being a matter of where the loss is incurred in relation to the person who incurs it. This way of looking at things – which I call Variabilism– provides the basis for a plausible account of the Asymmetry. The availability of such an account suggests, I think, that our prospects for rescuing the Asymmetry are bright. (shrink)