Winner, 2002 French Translation Prize for Nonfiction Murderous Consent details our implication in violence we do not directly inflict but in which we are structurally complicit: famines, civil wars, political repression in far-away places, and war, as it’s classically understood. Marc Crépon insists on a bond between ethics and politics and attributes violence to our treatment of the two as separate spheres. We repeatedly resist the call to responsibility, as expressed by the appeal—by peoples across the world—for the (...) care and attention that their vulnerability enjoins. But Crépon argues that this resistance is not ineluctable, and the book searches for ways that enable us to mitigate it, through rebellion, kindness, irony, critique, and shame. In the process, he engages with a range of writers, from Camus, Sartre, and Freud, to Stefan Zweig and Karl Kraus, to Kenzaburo Oe, Emmanuel Levinas and Judith Butler. The resulting exchange between philosophy and literature enables Crépon to delineate the contours of a possible/impossible ethicosmopolitics—an ethicosmopolitics to come. Pushing against the limits of liberal rationalism, Crépon calls for a more radical understanding of interpersonal responsibility. Not just a work of philosophy but an engagement with life as it’s lived, Murderous Consent works to redefine our global obligations, articulating anew what humanitarianism demands and what an ethically grounded political resistance might mean. (shrink)

Ali (Ethics and Information Technology 17:267–274, 2015) and McCormick (Ethics and Information Technology 3:277–287, 2001) claim that virtual murders are objectionable when they show inappropriate engagement with the game or bad sportsmanship. McCormick argues that such virtual murders cannot be wrong on Kantian grounds because virtual murders only violate indirect moral duties, and bad sportsmanship is shown across competitive sports in the same way. To condemn virtual murder on grounds of bad sportsmanship, we would need to also condemn other competitive (...) games. I argue, contra McCormick, that virtual murders performed within massively multiplayer online roleplaying games can be wrong on Kantian grounds when they are exploitative. Exploitation occurs when virtual murder treats the player controlling the victim in a way that they have no opportunity to consent to (i.e. as a mere means in Kantian terminology). I argue that some virtual murders involving inappropriate engagement (Ali, Ethics and Information Technology 17:267–274, 2015) and bad sportsmanship (McCormick, Ethics and Information Technology 3:277–287, 2001) are exploitative in this way and therefore also wrong on Kantian grounds. (shrink)

In 1939 Sigmund Freud published his latest book, Moses and Monotheism, which is his most unusual and problematic work. In Moses Freud offers four groundbreaking claims in regard to the biblical story: [a] Moses was an Egyptian [b] The origin of monotheism is not Judaism [c] Moses was murdered by the Jews [d] The murder sparked a constant sense of unconscious guilt, which eventually contributed to the rational and ethical development of Jewish monotheism. As is well known, Freud’s Moses received (...) extremely negative reviews from Jewish thinkers. The social psychoanalyst, Erich Fromm, who wrote extensively on Freud as well as on Judaism and the biblical narrative, did not explicitly express his position on Freud’s latest work. This paper offers explanations for Fromm’s roaring silence on Freud’s Moses. (shrink)

By exercising their (imperfect) capacity to discriminate, people try to recognize and to understand some important differences between things that make them prefer some things to other. In this article I will use my ability to discriminate between people and societies according to a principle which plays the role of attractor, both at individual and societal levels, namely the principle of peaceable conduct. This principle allows us to discriminate at the civic level between the people who have a civilized conduct (...) and those who manifest an aggressive conduct. The category of civilized people includes individuals who (a) respect the life and bodily integrity of their fellows, (b) practice self-control, not control over others and (c) do not claim, through coercive means, the goods that their fellows have obtained by making free and peaceful use of their own faculties and capabilities. The category of aggressive people reunites (a) murderers (those who endanger the lives of their fellow), (b) tyrants (those who beslave their fellows by taking control of some of their faculties) and (c) thieves (those who claim the goods of their fellows without their consent). The civilized conduct requires high standards of action of the people who embrace it and, implicitly, considerable physical and psychical costs. The primary impulses originating in our lower Self blatantly contradict the respect for life, liberty and property of our fellows, so that it seems impossible for them to be controlled only by personal effort. Therefore, it is vital that the energy allotted to peaceable conduct by our higher Self be superior to the energy which it spontaneously mobilizes in support of the primary impulses of our lower Self. This can be achieved by feeding the people with the social energy of certain social emotions in the process of internalizing the norms of peaceable conduct. Among these emotions, contempt and shame, respectively anger and guilt stand out through the predominance of the moral dimension and force of shaping human conduct. They underlie two different moral systems – “shame morality”, and “guilt morality” respectively – that support our peaceable conduct and, ipso facto, our civilized life. (shrink)

The defence of necessity has had a long, though confused, legal career. Like self-defence, consent, duress, insanity and mistake of law, necessity is rooted in moral intuitions about when conduct which causes harm to another's person or property is not wrong, or should be tolerated, permitted or praised. If a man is literally starving to death and steals a loaf of bread, we are reluctant to say that his extreme circumstances should make no difference at all to the way (...) we treat him at trial. And if two men, adrift at sea, are clinging to a log which can only support the weight of one, we are once again reluctant to say that if one pushes the other off the log, it is just a case of murder. These intuitions are deepseated; but it is extremely difficult to articulate the defence they seem to support, or to isolate the circumstances which mark the difference between a situation where the defence ought to apply and where it ought not. (shrink)

To begin with, we need to separate off the easy talk of “rights” in which they seem automatically to correspond with a person’s duties or obligations. It is of course true that since I have a duty not to wreak murder or mayhem on you, you have the corresponding right that I not do these things. But so far, the talk of “rights” is simply an alternative way to speak of someone else’s duties; the special or unique point to a (...) “right” would seem to be that it places in its possessor’s hands the power to decide whether another person’s obligation toward him may be waived or not. I wouldn’t be able to waive my right to your not murdering me; although I could waive your right to be extraordinarily careful not to cause me harm—as I imagine boxers do (within the limits of the agreed-upon rules) or patients do who will be subjected to experimental therapies and sign consent forms or skydivers do who agree to be dropped from planes at high altitudes. A right places a constraint on the corresponding obligation. (shrink)

This paper expands Rami Ali’s dissolution of the gamer’s dilemma (Ethics Inf Technol 17:267-274, 2015). Morgan Luck’s gamer’s dilemma (Ethics Inf Technol 11(1):31-36, 2009) rests on our having diverging intuition when considering virtual murder and virtual child molestation in video games. Virtual murder is seemingly permissible, when virtual child molestation is not and there is no obvious morally relevant difference between the two. Ali argues that virtual murder and virtual child molestation are equally permissible/impermissible when considered under different modes of (...) engagement. To this end, Ali distinguishes between story-telling gameplay and simulation games, discussing both in depth. I build on the dissolution by looking into competitive gameplay in order to consider what the morally relevant difference between virtual murder and virtual child molestation might be when competing in a video game. I argue that when competitors consent to participate in a competition, the rules of the competition supersede everyday moral intuitions. As such, virtual competitions ought to represent such consent from virtual characters. Virtual children cannot be represented as giving consent to be molested because (1) children cannot be represented as giving sexual consent, and (2) consent to be possibly molested cannot be given. This creates a morally relevant difference between murder and molestation. By fully addressing competitive gameplay, I answer Luck’s worry that Ali’s dissolution is incomplete (Ethics Inf Technol 20:157-162, 2018). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Extramarital Contraception in the Catholic Faith:A Call to Action from a Physician and EthicistCara BuskmillerIntroductionDefinitionsBefore proceeding to a discussion of extramarital contraception, it is relevant to lay a foundation of definitions and limitations of this essay. Here, "sex" and "sexual act" will refer to acts of penile–vaginal intercourse and acts meant to lead to such intercourse, respectively. Other acts which are rightly called "sexual" are not relevant to this (...) essay, as the focus here is on encounters that could result in fertilization.The traditional natural law theory with its analysis of object, intention, and circumstances is at play in this essay, with a hylomorphic understanding of nature and ethics. In this understanding of ethics, the names of many acts include not only an object but an intention and circumstances (e.g., murder specifies an illegal type of killing with premeditation). Likewise, "contraception" here refers to the use of any drug or device which temporarily lowers fertility (object), to prevent fertilization (intention) due to presumed-fertile sex (circumstance). Such drugs or devices are called "contraceptives" in this essay. In this essay, "contraception" is not committed solely by intending to avoid fertilization, so acts such as trying to avoid fertilization by timing sex during infertile parts of a menstrual cycle are not contraception, and the pastoral term "contraceptive mindset" does not apply. "Contraception" is also not solely defined by the use of particular medical products, since the intention to avoid fertilization is part of the definition in this essay. Thus, [End Page 1245] prescribing or taking a birth control pill for polycystic ovarian syndrome, in the words of Pope St. Paul VI in his 1968 landmark encyclical Humanae Vitae (HV), is not at all illicit, here because such treatment is not contraception, and the problems of contraception do not apply (§15)."Marriage" in this essay refers principally to sacramental matrimony, made by the consent of a baptized man and a baptized woman.1 Civil marriage, cohabitation, long-term affairs, sex in dating, short-term hookups, prostitution, and sexual assault represent a spectrum of falling away from matrimony. This essay assumes that matrimony is God's one true plan for sex, fertilization, and childrearing. This essay also makes heavy use of the Scholastic-personalist perspective of HV on the unitive and procreative dimensions of sex. As sexual relationships "fall away" from matrimony, they lose resemblance to these dimensions."Consent" is here defined as a free act in which a person agrees to do, accept, or reject something.2 Consent is an act of the will, and it may be partial or total. Only when consent is total is a person held fully responsible for his or her actions; for example, only when consent is total can a person commit a mortal sin. Consent is different from assent, which is not of the will, but of the mind.3 In this paper, sex without consent is termed "sexual assault"—the status of the act as an assault is solely determined by consent. These definitions allow for a sexual assault in which a victim withholds consent and yet does not resist an attack,4 which is different from past legal and colloquial definitions.5 This definition also allows for assault victims that have positive emotional responses to or physical arousal from an attack. These responses from a victim do not make the assault consensual or desired, [End Page 1246] and in fact make post-traumatic recovery more difficult.6 Simply put, consent is of the will, and this is not diminished by whether the body follows suit; this differs from some legal definitions of consent in canon law, where the will of the person agreeing to a contract is signified by externals, even if there was no intention to fulfill the duties of the contract.7 Consent will be central to this essay, since it helps make the spectrum of relationships that "fall away" from marriage intelligible in two sets: one with consent, and one without."Intellectual disability" in medical and ethical literature refers to a large spectrum of differences in mental and behavioral performance, but this essay is only considering intellectually disabled persons who would be unable to... (shrink)

The government itself, which is the only mode which the people have chosen to execute their will, is equally liable [with the standing army] to be abused and perverted before the people can act through it. Witness the present Mexican war, the work of comparatively a few individuals using the standing government as their tool; for, in the outset, the people would not have consented to this measure. Henry Thoreau, in “Civil Disobedience” It is easy to say — and often (...) is said — that we cannot have tolerable relations with new revolutionary regimes. The problem is that our anticommunist paranoia has made it impossible to find out. We do not know whether Mao's declared interest in a relationship with the Americans in the 1940s or Ho Chi Minh's were sincere. And the reason we don't know is that we never tried to find out. Those who reported it was a possibility were hounded out of the foreign service because of our suspicion and fear of communism. The legacy of that era brings to mind Ivan the Terrible's practice of murdering the bearer of bad news. We are more civilized than that; we have been content simply to ruin people's careers. J. William Fulbright, in The Price of Empire This poisonous thing I'm trying to describe is [a] characteristic way of dealing with criticism. It used to be enough to brand a critic as a radical or a leftist to make people turn away. Now we need only to call him a liberal. Soon “moderate” will be the M word, “conservative” will be the C word and only fascists will be in the mainstream. E. L. Doctorow, Brandeis Commencement, May 21, 1989 We have lived with violence for seven years It was not worth one single life But the patriot's fist is at her throat Her voice is in mortal danger... Adrienne Rich, “Natural Resources,” in Dream of a Common Language. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:HINDUISM AND MIMETIC THEORY: A RESPONSE Julia W. Shinnick Austin, Texas i: Introduction "would like to thankProfessor Clooney for his thorough presentation.ofthe enormously complex and layeredtreatment ofviolence within Hindu religious traditions. In his paper I found many aspects of Hinduism that directly engage the mimetic theory, and I hope that I can articulate some of these in such a way as to initiate discussion during the next hour or (...) so this afternoon. As one of the so-called "Girardians," my first impression in response to Professor Clooney's paper is that the complexity of Hindu attitudes toward violence and sacrifice seem to indicate an awareness of the ritualization and control of violence, as developed over a very long period of time. I. Language of Avoidance/Denial: The Horse I would like to start with a small detail, but one which seems to me key to many larger issues in light of the mimetic theory: the ritual directions and prayers [1.1] in which the words "to kill" and "to die" are carefully avoided through the substitutions of such words as "he takes hold of and "he makes consent." I might add here also, that the avoidance ofusing "real" words for what is "really" being doneDkilling the animalDreminds me to some extent of the use of language by contemporary torturers as analyzed in the book The Body in Pain: The Making and Unmaking ofthe World by Elaine Scarry. Scarry argues that the language used by torturers avoids any acknowledg- Julia W. Shinnick141 ment of the real actions they are committing, as well as any acknowledgment of the very real pain they are causing their victims; furthermore, it is a dehumanizing language, referring to the victims as, for example, submarines, in one particular type of torture. This discrepancy between language and actual action is intriguing in both cases. Granted, the sacrificers in the Rg Veda do not deny that they are sacrificing the horse, and the "apology" (the words to the horseD"Do not let the axe linger in yourbody...") is not part ofan act oftorture, but the words have in common with Scarry's report a certain denial or avoidance of the reality of both the actions ofkilling and/orharming and the result ofthese actions, pain and/or death. Furthermore, the avoidance of the words "to kill" and "to die" would fit in with the mimetic theory's idea ofprohibiting the ritual from bringing actual facts of the founding murder to consciousness. II.Sacrificial Instructions The words addressed to the horse in the Rg Veda [I.l]and the instructions for the treatment of animals to be sacrificedO'The axe penetrates the thirty-four ribs of the swift horse...so that the limbs may be unperforated, and recapitulating, joint by joint "Dseem to me to intersect with the mimetic theory in terms of ritual sacrifice as a reenactment of the founding conflict. As I understand it, in the mimetic theory, one reason for careful, detailed ritual instructions and the sense ofgreatdangerin sacrifice (the sense that if the ritual is not carried out exactly and correctly, something horrible might happen) has to do with a non-conscious fear of unleashing the mimetic crisis all over again. I see aspects of this in the minutely detailed instructions to the priest such as the importance of leading the horse but not holding on to it, and the desire to pacify the animal to be sacrificed. These kinds of details are of course also present in other sacrifice rituals. For example, in Perpetua's Passion: The Death and Memory of a Young Roman Woman, Joyce Salisbury speaks of the simultaneous sacrifice of hundreds of children in ancient Carthage during the Punic Wars. The children had to be (appear) "willing" to be sacrificed. Ifthey cried out, the sacrifice was considered invalid. The parents also had to be (appear) "willing;" ifthe mother shed a tear, the sacrifice was invalid. Thus, immediately before the fatal knife thrust, the sacrificing parents would caress their children and tickle them to make them laugh. III.Violence and Kings According to James Williams in his introduction to chapter 6 of The 142Hinduism and Mimetic Theory: A Response Girard Reader, one of... (shrink)

The State may require an autopsy when foul play is suspected in the death of one of its citizens.[1] This is so regardless of any objections to such invasive procedures expressed by the deceased before their deaths or afterward by their families. There is not even a religious exemption. The most obvious explanation for why consent is not needed is that apprehending a murderer with information obtained from the autopsy can save lives. However, taking organs without consent from (...) the deceased for transplantation into those suffering vital organ failures can also save lives. But doing so is considered beyond the pale. The question then becomes why are mandatory autopsies permitted but organ conscription prohibited? Our aim is to explore whether such divergent attitudes can be justified. (shrink)

Laws requiring autopsies have generated little controversy. Yet it is considered unconscionable to take organs without consent for transplantation. We think an organ draft is justified if mandatory autopsies are. We reject the following five attempts to show why a mandatory autopsy policy is legitimate, but organ conscription is not: (1) The social contract gives the state a greater duty to protect its citizens from each other than from disease. (2) There is a greater moral obligation to prevent murders (...) than disease-caused deaths because killing people is morally worse than allowing people to die. (3) Autopsies do not confiscate body parts, but organ transplants do. (4) The citizenry's knowledge that their organs are very likely to be taken will generate more anxiety than the remote possibility of a mandatory autopsy. (5) A religious conviction that one's organs will be needed in order to be resurrected is threatened by organ transplantation but not by autopsies that "return" body parts. (shrink)

We are very grateful to Richard Ashcroft1 and Andrew McGee2 for their thoughtful and articulate criticisms of our views.3 Ashcroft has disappointingly low aspirations for the law. Of course he is right to say that the law is not a ‘self-sufficient, integrated and self-interpreting system of doctrine’. The law is often philosophically incoherent and internally contradictory. But it does not follow from this that all areas of the law are philosophically unsatisfactory. And if that were true, the response should not (...) be Ashcroft’s contemptuous despair, but a determination to make it better. Ashcroft would say that such idealism is unrealistic in the light of the very nature of ‘the Law’: ‘…a complex assemblage of institutions, rules, accredited persons, practices and systems’. That isa radically ‘legal realist’ position and is plainly unsustainable. We can demonstrate its unsustainability while demonstrating both that he is wrong to tar all areas of the law with the same brush and wrong to deny that medical ethics are ‘intellectually and metaphysically prior to medical law’. Take the law of murder which, of course, is part of ‘medical law’. It is surely trite to observe that humans thought that killing people was wrong before they started penalising murder. Ethics generated the law. There is nothing elusive or incoherent about the philosophical foundations of the law of murder. Human life is thought to matter. To kill is both to cause a harm and to commit a wrong. There is more than something of the straw man in Ashcroft’s elaboration of his argument. For he chooses, of all things, autonomy and, in particular, its invocation in the law of consent. Lawyers’ eyebrows will rise at his assertion that ‘while the concept of “autonomy” has an explanatory role in discussions of the …. (shrink)

This article examines the notorious mid-nineteenth-century American trial of Amelia Norman, who was acquitted - very much against the weight of the evidence - of attempting to kill the man who seduced her. In particular, we explore the role in the trial and its aftermath of the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's "The Coquette" and Susanna Rowson's "Charlotte Temple." In Norman's case, once newspapers, defense lawyers, and reformers such as (...) Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, not attempted murder. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgments on her behalf. For example, Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. Going further, the common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer, David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Other women facing similar charges used the same legal strategy to gain acquittals in a substantial number of cases. Indeed, Norman's sentimental strategy proved so powerful that men on trial for killing their wives' seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms through the so-called honor defense. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Lydia Maria Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. In addition to its legal, literary, and historical insights that it provides, we also intend this article to contribute to debates on the nature of scholarship in law and literature. Scholars such as Wai Chee Dimock have argued for a focus on the historical and historically shifting relations between law and literature - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). We would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. This project, then, responds to Gregg Crane's call for attention to the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice. The extended story of Amelia Norman, in short, not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

Several cases which have been considered by the courts in recent years have highlighted the legal dilemmas facing doctors whose decisions result in the ending of a patient's life. This paper considers the case of Dr Cox, who was convicted of attempting to murder one of his patients, and explores the roles of motive, diminished responsibility and consent in cases of "mercy killing". The Cox decision is compared to that of Tony Bland and Janet Johnstone, in which the patients (...) were in a persistent vegetative state. In all three cases, the doctors believed that their patients' quality of life was so poor that their continued existence was of no benefit to them, and decided that their lives should not be unduly prolonged, yet the doctor who was prosecuted was the one whose dying patient had requested that her death be hastened. The paper examines the law's seemingly contradictory approaches to such cases. (shrink)

How could we better use public inquiries to stem the recurrence of healthcare failures? The question seems ever relevant, prompted this time by the inquiry into how former nurse Letby was able to murder newborns under National Health Service care. While criminality, like Letby’s, can be readily condemned, other factors like poor leadership and culture seem more often regretted than reformed. I would argue this is where inquiries struggle, in the space between ethics and law—with what is awful but lawful. (...) In response, we should learn from progress with informed consent. Inquiries and civil litigation have seen uninformed ‘consent’ shift from being undesirable to unlawful. If better leadership and culture were sole drivers here, we would likely be doing far better in many other areas of healthcare too. Instead, one could argue that progress on consent has been made by reducingepistemic injustice—by naming and addressingepistemicissues in ways that enhancesocial powerfor patients. If this is an ingredient that transforms clinician–patient working, might it also shift conduct within other key relationships, by showing up what else should become unlawful and why? Namingmedical paternalismmay have helped with consent reform, so I continue this approach, first naming two areas of epistemic injustice:management feudalismandlegal chokeholds. Remedies are then considered, including the democratisation of management and reforms to legal ethics, legislation and litigation. In brief, public inquiries may improve if they also target epistemic injustices that should become unlawful. Focus on informed consent and epistemic relationships has improved the medical profession. Likewise, it could help healthcare leaders shift from fiat towards consent, and their lawyers from a stifling professional secrecy towards the kind of candour a prudent public expects. (shrink)

How can we definitively determine which biomedical choices are morally correct and which engage in seriously wrongful acts? Depending on whom one asks, one is informed that choices such as abortion, euthanasia, and significant body modification involve real moral harm (either as forms of murder or as denying the goodness of the body that God has provided), or that disallowing such “medical care” violates the basic rights of persons (where abortion, active euthanasia, and body modification are appreciated as positive expressions (...) of personal autonomy). Secular bioethics appears no longer able to appreciate what could possibly be wrong with such activities, provided that the individuals involved consent in some fashion. Indeed, many actions that were once openly and easily recognized as sinful have become so commonplace, as well as politically desirable, as to appear as if they were obviously good. As the authors in this issue of Christian Bioethics explore, fully to appreciate the serious moral issues raised by modern medicine requires a foundational orientation to the Christian God. (shrink)

The government itself, which is the only mode which the people have chosen to execute their will, is equally liable [with the standing army] to be abused and perverted before the people can act through it. Witness the present Mexican war, the work of comparatively a few individuals using the standing government as their tool; for, in the outset, the people would not have consented to this measure. Henry Thoreau, in “Civil Disobedience”It is easy to say — and often is (...) said — that we cannot have tolerable relations with new revolutionary regimes. The problem is that our anticommunist paranoia has made it impossible to find out. We do not know whether Mao's declared interest in a relationship with the Americans in the 1940s or Ho Chi Minh's were sincere. And the reason we don't know is that we never tried to find out. Those who reported it was a possibility were hounded out of the foreign service because of our suspicion and fear of communism. The legacy of that era brings to mind Ivan the Terrible's practice of murdering the bearer of bad news. We are more civilized than that; we have been content simply to ruin people's careers. J. William Fulbright, in The Price of Empire (1989) This poisonous thing I'm trying to describe is [a] characteristic way of dealing with criticism. It used to be enough to brand a critic as a radical or a leftist to make people turn away. Now we need only to call him a liberal. Soon “moderate” will be the M word, “conservative” will be the C word and only fascists will be in the mainstream. E. L. Doctorow, Brandeis Commencement, May 21, 1989We have lived with violence for seven yearsIt was not worth one single lifeBut the patriot's fist is at her throatHer voice is in mortal danger...Adrienne Rich, “Natural Resources,” in Dream of a Common Language (Norton, 1978). (shrink)

After discussing the so-called Ham myth in South Africa, my focus is on the African church father Augustine (354–430). All texts from his immense oeuvre in which he mentions biblical Ham are reviewed in chronological order. In Against Faustus, the story of Noah and his sons is mainly explained as being Christological: Ham figures as a type of the unbelieving Jews who consented to the murder of Christ, but he is also a type of the Jews because he is ‘the (...) slave of his brothers’ carrying the books by which the Christians may be instructed. Later Augustine corrects his confusion of Ham with the slave Canaan. The story of Ham (and Canaan) is most extensively discussed in the City of God. Neither here nor in the Expositions on the Psalms, Ham is described as being black or a slave. The same goes for a number of his other writings. In Augustine’s late works Against Julian and Unfinished Work against Julian, he thoroughly goes into the question of why (although Ham sinned) ‘vengeance was brought upon Canaan’. Augustine perceives God’s prophecy: from Canaan stems the cursed seed [ semen maledictum ] of the Canaanites. Nowhere, however, he claims that Ham or his descendants would have been cursed to be black or that all of his offspring were condemned to slavery. Contribution: This article demonstrates that the Ham myth does not occur in Augustine. It argues that the ‘ mestizo ’ African Augustine might have been extra sensitive to questions of race and colour. (shrink)

The Silent Scream, a videotape which includes footage of a real time sonogram of an abortion in progress, has been receiving considerable attention in America as the anti-abortion movement’s latest argument. The tape has been enthusiastically endorsed by President Reagan and has been distributed to every member of Congress and to each of the Supreme Court justices. It is produced and narrated by Bernard N. Nathanson, a practicing obstetrician and gynecologist, and it includes a number of implicit and explicit claims (...) which are highly controversial. Chief among these are: (1) the claim that since we can draw no morally significant line during the stages of fetal development, the fetusmust be recognized as a person from conception onward, (2) the claim that the film is a high tech, state of the art proof that abortion is the brutal murder of an innocent human being, (3) the claim that in abortion the fetus experiences terror and pain, and (4) the claim that as long as abortion is legal, showing this film (or one relevantly similar) must be made part of the informed consent procedure for abortion. My purpose in this paper is to examine these claims to see if The Silent Scream adds anything to the moral case for making abortion illegal. I give particular attention to two claims which are seldom addressed in the abortion debate, viz., that the fetus experiences terror and pain during an abortion, and that women have not had the information they need (but which this film provides) to give an adequately informed consent to abortion. Since there is so much confusion in the abortion debate, and since this film trades on that confusion, my broader purpose is to add some clarificationto the public discussion of this issue, which is daily becoming a more divisive issue of public policy. (shrink)

The Silent Scream, a videotape which includes footage of a real time sonogram of an abortion in progress, has been receiving considerable attention in America as the anti-abortion movement’s latest argument. The tape has been enthusiastically endorsed by President Reagan and has been distributed to every member of Congress and to each of the Supreme Court justices. It is produced and narrated by Bernard N. Nathanson, a practicing obstetrician and gynecologist, and it includes a number of implicit and explicit claims (...) which are highly controversial. Chief among these are: (1) the claim that since we can draw no morally significant line during the stages of fetal development, the fetusmust be recognized as a person from conception onward, (2) the claim that the film is a high tech, state of the art proof that abortion is the brutal murder of an innocent human being, (3) the claim that in abortion the fetus experiences terror and pain, and (4) the claim that as long as abortion is legal, showing this film (or one relevantly similar) must be made part of the informed consent procedure for abortion. My purpose in this paper is to examine these claims to see if The Silent Scream adds anything to the moral case for making abortion illegal. I give particular attention to two claims which are seldom addressed in the abortion debate, viz., that the fetus experiences terror and pain during an abortion, and that women have not had the information they need (but which this film provides) to give an adequately informed consent to abortion. Since there is so much confusion in the abortion debate, and since this film trades on that confusion, my broader purpose is to add some clarificationto the public discussion of this issue, which is daily becoming a more divisive issue of public policy. (shrink)

This July 2020 issue of JME introduces a new section, “COVID-19 Current Controversies,” which will be a recurring section in each issue for the foreseeable future. This issue reflects on some of the most pressing ethical issues that have arisen roughly 6 months into the pandemic. Kathleen Liddell and colleagues examine important legal considerations at play in ventilator allocation decisions raised by the pandemic.1 They point out that ethics-based triage protocols that argue from the principle of “saving the most lives” (...) by withholding or withdrawing ventilators from certain patients could violate the law (U.K. and elsewhere). Patients’ legal rights are not suspended during this crisis, they remind us. The mere action of ventilator removal (extubation and proning) may constitute battery without consent, for example. Moreover, there may be problems with “evidentiary weakness” in some of the prognostic models used to inform such decisions. And, decisions that are inconsistent, subjective, and/or discriminatory may be deemed illegal. Those developing policies need to consider and consult various areas of law including criminal law (eg, murder, battery, negligence, manslaughter), human rights law, civil law (eg, battery, negligence, duty of care, consent), public and administrative law (eg, discrimination, case law), law on decision-making for incapacitated adults, professional regulations, and derogations from current law (eg, immunities and indemnities). Liddell et al offer 10 concrete, legally informed recommendations for those developing triage-policies to consider. Michael Parker and colleagues take on the issue of contact tracing using mobile apps and point out that such apps can enable people to emerge more safely from lockdowns, which provides a strong autonomy-based argument in favour …. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Why Not Kill a Mandarin?:An ExchangeAmihud GileadIn a powerful and well-written thought experiment, Iddo Landau attempts to persuade us that "people cannot be trusted... people... such as ourselves need to be well supervised... there are important advantages in fearing others, in hesitating to be real individuals, and in constantly apprehending what 'they' will say."1Following Balzac, Landau's thought experiment echoes, to some extent, Plato's myth of Gyges's ring in the (...) Republic (359d ff. and 612b). One of the lessons the reader may draw from this myth is that not only fear but shame also plays a crucial role in human morality. With no shame, without the fear of being caught in a shameful act or deed, people would behave much less morally than they actually do. Like Plato's Socrates, mentioning the gods, the supreme judges in Hades,2 Landau relates his idea also to the belief in God (p. 93). Note also that Socrates's view of morality is compatible with the view that each human being is nothing but smikron, a trifle (Symposium 210b8). Plato's Socrates entertains no false ideas about the alleged "human individuality."A similar logic leads Landau to conclude about the moral requirement "in hesitating to be real individuals," or, better, really autonomous individuals. Thus this conclusion also hints critically against Kantian autonomous morality. As if, contrary to Kant, Landau suggests that in order to behave morally, respecting the moral law or value is certainly less than enough. Instead, he argues, we have to fear what others will say about our behavior and preferences and, while behaving immorally, we [End Page 153] should be ashamed of ourselves in the eyes of other people; otherwise we would not be moral beings at all. All other motives, however sublime, are not sufficient to make us moral beings. Landau regards self-deception or simply wistful thinking of any attempt at thinking otherwise (p. 94), namely, that other motives (such as the respect for the moral law) are sufficient to behave morally. Landau's view is prudent, realistic, and powerful, but, nonetheless, annoying. I have a strong feeling that he is wrong, and this feeling of mine, I believe, does not rest upon self-deception or wishful thinking about humanity; it relies instead upon insight that is backed by sound argument.Why a fairly ordinary person, one of us, would not like to kill a Mandarin, who has done no harm to any of us and who is a completely remote stranger, a lonely person whose death would not change any one else's life but instead would benefit that ordinary person a lot? Suppose, like Landau's thought experiment, that no one, absolutely no one, not even omniscient God, if He exists at all, would know even a little bit about the intention, let alone the deed, of any such potential murderer who can be any human being. What could be his or her reason, as sufficient motive, not to kill the Mandarin after all, even if such a murder would change the life of the potential murderer enormously for the better?We have to explicate Balzac-Landau's thought experiment slightly in order to realize its failure. I call this explication "the mutual effect presupposition" (or, if you like, "the reflexive effect presupposition"). Actually, the thought experiment presupposes it for, if the wish or consent of the potential ("wishful") murderer can cause the Mandarin's death which, in turn, benefits the potential murderer immensely, they are both under the mutual effect presupposition. The problem is that Landau and others appear to be unaware of the moral significance or implication of this presupposition. According to it, given that if I can wish for the Mandarin's death and cause it by means of this wish, then someone, sharing the same world with me, may wish for my own death and may bring it about by means of such a wish alone, provided that absolutely no one knew about such a wish. Would I accept that? Would the potential murderer accept a possible situation in which he would be the Mandarin whom somebody else would like to murder for the... (shrink)

A particular amount of punishment is justified if and only if that amount of punishment is deserved and the desert claim is not overridden. In the case of some multiple murderers or people who perform serious violent acts in addition to murder, the deserved punishment must involve torture. I argue that this legitimate desert claim is not overridden by objections based on notions of brutality and inhumanity, the Kantian concern that persons be treated as ends, the intuitive distaste that many (...) persons have for torture, the negative consequences of institutionalized torture, the concern for bias in the imposition of punishment, and the need for accuracy in measuring harms. (shrink)

Substantial efforts have recently been made to reform the physician-patient relationship, particularly toward replacing the `silent world of doctor and patient' with informed patient participation in medical decision-making. This 'new ethos of patient autonomy' has especially insisted on the routine provision of informed consent for all medical interventions. Stronly supported by most bioethicists and the law, as well as more popular writings and expectations, it still seems clear that informed consent has, at best, been received in a lukewarm (...) fashion by most clinicians, many simply rejecting what they commonly refer to as the `myth of informed consent'. The purpose of this book is to defuse this seemingly intractable controversy by offering an efficient and effective operational model of informed consent. This goal is pursued first by reviewing and evaluating, in detail, the agendas, arguments, and supporting materials of its proponents and detractors. A comprehensive review of empirical studies of informed consent is provided, as well as a detailed reflection on the common clinician experience with attempts at informed consent and the exercise of autonomy by patients. In the end, informed consent is recast as a management tool for pursuing clinically and ethically important goods and values that any clinician should see as meriting pursuit. Concurrently, the model incorporates a flexible, anticipatory approach that recognizes that no static, generic ritual can legitimately pursue the quite variable goods and values that may be at stake with different patients in different situations. Finally, efficiency of provision is addressed by not pursuing the unattainable and ancillary. Throughout, the traditional principle of beneficence is appealed to toward articulating an operational model of informed consent as an intervention that is likely to change outcomes at the bedside for the better. (shrink)

Consent theory in sexual ethics, Jonathan Ichikawa argues, has a Euthyphro problem. -/- It is widely held that sexual violations are explicable in terms of nonconsensual sexual contact. But a notion of consent adequate to explain many moral judgments typical of sexual ethics — a notion that vindicates the idea that consent cannot be coerced, that it must be sober, that children cannot consent to sex with adults, etc. — cannot, Ichikawa argues, be articulated, motivated, or (...) explained in a way independently of moral judgments about sexual wrongs. Consequently, if there is as tight a connection between consent and sexual violation as many people think there is, there is good reason to suppose that that connection must ultimately explain consent in terms of sexual wronging, rather than vice versa. The paper highlights some costs and drawbacks to this horn of the Euthyphro dilemma in sexual ethics. One central upshot of the argument will be that mainstream accounts of sexual ethics fail in their explanatory ambitions. Consent cannot play its canonical explanatory role. (shrink)

From the author of Wittgenstein's Poker and Would You Kill the Fat Man?, the story of an extraordinary group of philosophers during a dark chapter in Europe's history On June 22, 1936, the philosopher Moritz Schlick was on his way to deliver a lecture at the University of Vienna when Johann Nelböck, a deranged former student of Schlick's, shot him dead on the university steps. Some Austrian newspapers defended the madman, while Nelböck himself argued in court that his onetime teacher (...) had promoted a treacherous Jewish philosophy. David Edmonds traces the rise and fall of the Vienna Circle—an influential group of brilliant thinkers led by Schlick—and of a philosophical movement that sought to do away with metaphysics and pseudoscience in a city darkened by fascism, anti-Semitism, and unreason. The Vienna Circle's members included Otto Neurath, Rudolf Carnap, and the eccentric logician Kurt Gödel. On its fringes were two other philosophical titans of the twentieth century, Ludwig Wittgenstein and Karl Popper. The Circle championed the philosophy of logical empiricism, which held that only two types of propositions have cognitive meaning, those that can be verified through experience and those that are analytically true. For a time, it was the most fashionable movement in philosophy. Yet by the outbreak of World War II, Schlick's group had disbanded and almost all its members had fled. Edmonds reveals why the Austro-fascists and the Nazis saw their philosophy as such a threat. The Murder of Professor Schlick paints an unforgettable portrait of the Vienna Circle and its members while weaving an enthralling narrative set against the backdrop of economic catastrophe and rising extremism in Hitler's Europe. (shrink)

Over the last few decades, multiple studies have examined the understanding of participants in clinical research. They show variable and often poor understanding of key elements of disclosure, such as expected risks and the experimental nature of treatments. Did the participants in these studies give valid consent? According to the standard view of informed consent they did not. The standard view holds that the recipient of consent has a duty to disclose certain information to the profferer of (...) consent because valid consent requires that information to be understood. The contents of the understanding and disclosure requirements are therefore conceptually linked. In this paper, we argue that the standard view is mistaken. The disclosure and understanding requirements have distinct grounds tied to two different ways in which a token of consent can be rendered invalid. Analysis of these grounds allows us to derive the contents of the two requirements. It also implies that it is sometimes permissible to enroll willing participants who have not understood everything that they ought to be told about their clinical trials. (shrink)

In a community that takes rights seriously, consent features pervasively in both moral and legal discourse as a justifying reason: stated simply, where there is consent, there can be no complaint. However, without a clear appreciation of the nature of a consent-based justification, its integrity, both in principle and in practice, is liable to be compromised. This book examines the role of consent as a procedural justification, discussing the prerequisites for an adequate consent -- in (...) particular, that an agent with the relevant capacity has made an unforced and informed choice, that the consent has been clearly signalled, and that the scope of the authorisation covers the act in question. It goes on to highlight both the Fallacy of Necessity (where there is no consent, there must be a wrong) and the Fallacy of Sufficiency (where there is consent, there cannot be a wrong). Finally, the extent to which the authority of law itself rests on consent is considered. If the familiarity of consent-based justification engenders confusion and contempt, the analysis in this book acts as a corrective, identifying a range of abusive or misguided practices that variously under-value or over-value consent, that fictionalise it or that are fixated by it, and that treat it too casually or too cautiously. In short, the analysis in Consent in the Law points the way towards recognising an important procedural justification for precisely what it is as well as giving it a more coherent application. (shrink)

Acts of violence and murder have historically proved difficult to accommodate in standard accounts of the formula of universal law (FUL) version of Kant’s Categorical Imperative (CI). In “Murder and Mayhem,” Barbara Herman offers a distinctive account of the status of these acts that is intended to be appropriately didactic in comparison to accounts like the practical contradiction model. I argue that while Herman’s account is a promising one, the distinction she makes between coercive and non-coercive violence and her response (...) to concerns with the classification of the latter as imperfect duties raise significant questions about the status of some duties. I suggest that we look, instead, to Kant’s treatment of suicide in The Metaphysics of Morals for an account of norms of non-violence and, in particular, to the connection between this duty and concerns with inner freedom and moral health. I argue that we can use this account to inform our general understanding of duties prohibiting killing and violence, and that the resulting account is a promising one. (shrink)

It is widely accepted that consent is a normative power. For instance, consent can make an impermissible act permissible. In the words of Heidi Hurd, it “turns a trespass into a dinner party... an invasion of privacy into an intimate moment.” In this chapter, I argue against the assumption that consent has such robust powers for moral transformation. In particular, I argue that there is a wide range of sex that harms or wrongs victims despite being consensual. (...) Moreover, these cases are not limited to those where con- sent is vitiated by background conditions. I start by calling this category of consensual sex Bad Sex. I then distinguish subspecies of this category, including psychological pressure, social coercion, and epistemically unsafe sex. I end by responding to an objection on which we should treat at least some subspecies of Bad Sex as rape. Though this alternative proposal is often motivated by ameliorative and strategic considerations, I argue that such considerations actually count against collapsing the categories of Bad Sex and rape. (shrink)

Using a U.S. and a Canadian example, in this article we argue that news reports of murder, especially of the heavily covered signal crimes that become part of community storytelling, often employ predetermined formulas that probe intrusively into the lives of those involved in the murder but ultimately come away with only cheaply sketched, stick-figure portraits. The thesis is that crime coverage that is formulaic tends to produce cynicism and a distance between the reader and those involved in the crime. (...) However, a deeper and more caring probe into the causes and consequences of crime could lead the community to wider conversations about responsibility, social justice, and reconciliation. What is required to expand the reporting of murder stories is more of the ethic of care that can serve to both deepen the public's understanding of the individual crime and widen the community's dialogue about its significance. (shrink)

Originally titled “Is It Murder in Tennessee to Kill a Chimpanzee,” this article argues in some detail that typical legal definitions of “murder” as involving the intentional killing of “a reasonable being” would require classifying the intentional killing of chimpanzees as murder.

The traditional view according to which we adults tacitly consent to a state’s lawful actions just by living within its borders—the residence theory—is now widely rejected by political philosophers. According to the critics, this theory fails because consent must be (i) intentional, (ii) informed, and (iii) voluntary, whereas one’s continued residence within a state is typically none of these things. Few people intend to remain within the state in which they find themselves, and few realize that by remaining (...) they are consenting to the state’s lawful actions. In addition, the various obstacles standing in the way of us leaving the state render our remaining involuntary. Thus, the critics conclude, few if any people can be considered to have consented through their residence. I argue that these objections fail and that the residence theory remains a viable option, at least for those who are not committed incompatibilists. (shrink)

In recent years, an old challenge to informed consent has been rediscovered: the challenge of ignorance. Several authors argue that due to the presence of irreducible ignorance in certain treatments, giving informed consent to these treatments is not possible. The present paper examines in what ways ignorance is believed to prevent informed consent and which treatments are affected by that. At this, it becomes clear that if the challenge of ignorance truly holds, it poses a major problem (...) to informed consent. The paper argues, however, that from both an empirical and a theoretical point of view, it is not convincing that ignorance prevents informed consent. Still, it seems important that the presence of irreducible ignorance is openly discussed during the informed consent process. (shrink)

The practice of obtaining informed consent has its history in, and gains its meaning from, medicine and biomedical research. Discussions of disclosure and justified nondisclosure have played a significant role throughout the history of medical ethics, but the term “informed consent” emerged only in the 1950s. Serious discussion of the meaning and ethics of informed consent began in medicine, research, law, and philosophy only around 1972.

Philosophy and Phenomenological Research, EarlyView. Despite the acknowledgement of the moral significance of consent there is still much work to be done in determining which specific sexual encounters count as unproblematically consensual. This paper focuses on the impact of deception. It takes up the specific case of deception about one's self. It may seem obvious that one ought not to lie to a sexual partner about who one is, but determining which features of oneself are most relevant, as well (...) as the lies which it follows would be impermissible to tell, is complicated. It is argued here that deception about one's morally valenced character traits, those we think of as virtues and vices, are particularly problematic. This is true regardless of whether knowing the truth about those traits would have made a difference to one's partner's consent. Attention is then drawn to a range of types of lies that one ought not to tell. (shrink)

Anger and disgust may have distinct roles in sexual morality; here, we tested hypotheses regarding the distinct foci, appraisals, and motivations of anger and disgust within the context of sexual offenses. We conducted four experiments in which we manipulated whether mutual consent (Studies 1–3) or desire (Study 4) was present or absent within a counter-normative sexual act. We found that anger is focused on the injustice of non-consensual sexual acts, and the transgressor of the injustice (Studies 1 and 3). (...) Furthermore, the sexual nature of the act was not critical for the elicitation of anger—as anger also responded to unjust acts of violence (Study 3). By contrast, we hypothesised and found that disgust is focused on whether or not a person voluntarily engaged in, desired or consented to a counter-normative sexual act (Studies 2–4). Appraisals of abnormality and degradation were the primary appraisals of disgust, and the sexual nature of the act was a critical elicitor of disgust (Study 3). A final study ruled out victimisation as the mechanism of the effect of consent on disgust and indicated that the consenter's sexual desire was the mechanism (Study 4). Our results reveal that anger and disgust have differential roles in consent-related sexual offenses due to the distinct appraisals and foci of these emotions. (shrink)

It is widely agreed that sentences containing a non-denoting description embedded in the scope of a propositional attitude verb have true de dicto interpretations, and Russell's (1905) analysis of definite descriptions is often praised for its simple analysis of such cases, cf. e.g. Neale (1990). However, several people, incl. Elbourne (2005, 2009), Heim (1991), and Kripke (2005), have contested this by arguing that Russell's analysis yields incorrect predictions in non-doxastic attitude contexts. Heim and Elbourne have subsequently argued that once certain (...) facts about presupposition projection are fully appreciated, the Frege/Strawson analysis of definite descriptions has an explanatory advantage. In this paper, I argue that both Russell's analysis and the Frege/Strawson analysis face a serious problem when it comes to the interaction of attitude verbs and definite descriptions. I argue that the problem observed by Elbourne, Heim, and Kripke is much more general than standardly assumed and that a solution requires a revision of the semantics of definite and indefinite descriptions. I outline the conditions that are required to solve the problem and present an analysis couched in dynamic semantics which can provide a solution. I conclude by discussing some further issues related to propositional attitude verbs that complicate a fully general solution to the problem. (shrink)

This paper discusses the role of consent in decision making generally and its role in end of life decisions in particular. It outlines a conception of autonomy which explains and justifies the role of consent in decision making and criticises some misapplications of the idea of consent, particular the role of fictitious or “proxy” consents.Where the inevitable outcome of a decision must be that a human individual will die and where that individual is a person who can (...) consent, then that decision is ethical if and only if the individual consents. In very rare and extreme cases such a decision will be ethical in the absence of consent where it would be massively cruel not to end life in order to prevent suffering which is in no other way preventable.Where, however, the human individual is not a person, as is the case with abortion, the death of infants like Mary , or in the very rare and extreme cases of those who have ceased to be persons like Tony Bland, such decisions are governed by the ethics of ending the lives of non-persons. (shrink)

Research consent processes must provide potential participants with the necessary information to help them decide if they wish to join a study. On the Oxford ‘A’ Research Ethics Committee we’ve found that current research proposals mostly provide adequate detail (even if not in an easily comprehensible format), but often fail to support decision making, a view supported by published evidence. In a previous paper, we described how consent might be structured, and here we develop the concept of an (...) Information and Decision Aid (IDA) that can support decision making and be used to guide the dialogue between researcher and potential participant. Our proposal requires limited changes to current processes or paperwork and would provide an easily accessible document for others that the potential participant might approach for advice. It could later be integrated with the Informed Consent Form to ensure all matters of concern to the individual participant have been addressed before consent is formally signed off. (shrink)

How wrong is it to deceive someone into sex by lying, say, about one's profession? The answer is seriously wrong when the liar's actual profession would be a deal breaker for the victim of the deception: this deception vitiates the victim's sexual consent, and it is seriously wrong to have sex with someone while lacking his or her consent.

Crime stories attract audiences and social buzz, but they also serve as prisms for perceived threats. As immigration, technological change, and globalization reshape our world, anxiety spreads. Because journalism plays a role in how the public adjusts to moral and material upheaval, this unease raises the ethical stakes. Reporters can spread panic or encourage reconciliation by how they tell these stories. Murder in our Midst uses crime coverage in select North American and Western European countries as a key to examine (...) culturally constructed concepts like privacy, public, public right to know, and justice. Working from close readings of news coverage, codes of ethics and style guides, and personal interviews with almost 200 news professionals, this book offers fertile material for a provocative conversation. We use our findings to divide the ten countries studied into three media models; we explore what the differing coverage decisions suggest about underlying attitudes to criminals and crime, and how justice in a democracy is best served. Today, journalists' work can be disseminated around the world without any consideration of whether what's being told (or how) might dissolve cultural differences or undermine each community's right to set its own standards to best reflect its citizens' values. At present, unique reporting practices persist among our three models, but the internet and social media threaten to dissolve distinctions and the cultural values they reflect. We need a journalism that both opens local conversations and bridges differences among nations. This book is a first step in that direction. (shrink)

Unconsented pelvic exams under anesthesia are assaults cloaked in defense of healthcare education. Preemptive linguistic qualifiers “presumed” or “implied” attempt to justify such violations with flippancy toward their oxymoronic implications: to suggest a priori that consent can be assumed undermines its otherwise standalone social, ethical, and medico-legal reverence. In this paper I conceptualize “medical sexual assault” and argue that presumed consent for intimate exams exemplifies its definition. By bluntly describing pelvic exams as “penetration,” this work aims to reify (...) the intimate reality of the clinical label “pelvic exam” and to call attention to cisheteronormative and androcentric assumptions involved in its practice. Additionally, this scholarship seeks to create a foundation toward broader work in conceptualizing clinical rape culture. Given recent national survey data indicating a surprising frequency of unconsented intimate exams, detailed language as to their problematics is necessary for ongoing legal and ethical efforts. Explicit consent for intimate exams must be the standard of care for conscious and unconscious patients. (shrink)

Diverse lines of evidence point to a basic human aversion to physically harming others. First, we demonstrate that unwillingness to endorse harm in a moral dilemma is predicted by individual differences in aversive reactivity, as indexed by peripheral vasoconstriction. Next, we tested the specific factors that elicit the aversive response to harm. Participants performed actions such as discharging a fake gun into the face of the experimenter, fully informed that the actions were pretend and harmless. These simulated harmful actions increased (...) peripheral vasoconstriction significantly more than did witnessing pretend harmful actions or to performing metabolically-matched non-harmful actions. This suggests that the aversion to harmful actions extends beyond empathic concern for victim harm. Together, these studies demonstrate a link between the body and moral decision making processes. (shrink)

There is currently intense debate about the significance of user consent to data practices. Consent is often taken to legitimate virtually any data practice, no matter how invasive. Many scholars argue, however, that user consent is typically so defective as to be ‘meaningless’ and that user privacy should thus be protected by substantive legislation that does not rely (or does not rely heavily) on consent. I argue that both views rest on serious mistakes about the validity (...) conditions for consent. User consent is sufficiently impoverished that it does not guarantee legitimacy but is not so impoverished as to be ‘meaningless’; it can legitimate data practices that are independently reasonable but not those that are exploitative. Since many valuable data practices must be consented to if they are to be legitimate (or so I argue), our privacy legislation should continue emphasizing the importance of user consent, even if auxiliary protections are also desirable. (shrink)

From Hippocrates to paternalism to autonomy : the new hegemony -- From autonomy to consent -- Consent, autonomy, and the law -- Autonomy at the end of life -- Autonomy and pregnancy -- Autonomy and genetic information -- Autonomy and organ transplantation -- Autonomy, consent, and the law.