In latter-day discussions on corporate morality, duties of commission are fiercely debated. Moral institutionalists argue that duties of commission—such as a duty of assistance—overstep the boundaries of moral duty owed by economic agents. " Moral institutionalism" is a newly coined term for a familiar position on market morality. It maintains that market morality ought to be restricted, excluding all duties of commission. Neo-Classical thinkers such as Baumol and Homann defend it most eloquently. They underpin (...) their position with concerns that go to the core of liberalism—the dominant western political theory that sustains the ideals of both the free market and the free, rational person. Those authors claim that liberalism calls for a fully differentiated market because it resents the politicization of the market. Fully differentiated markets exclude duties of commission. They also claim that full differentiation of the market closes the troublesome gap between moral motivation and moral virtue. Full differentiation redeems the promise of "easy virtue". In this paper moral institutionalism will be rejected from a Kantian point of view, mostly inspired by Herman's thesis on the invisibility of morality. Liberalism may perhaps ban the politicization of the market; it does not forbid its moralization. The idea of a fully differentiated market must also be rejected because it is either morally over-demanding (to the morally autonomous person) or morally hazardous (to the person with failing moral motivation). Contrary to what the moral institutionalists claim, right action, morally, is actually quite difficult in fully differentiated markets. (shrink)

This study analyzes the ideals of responsibility and accountability, asking such questions as when it is legitimate to blame top officials of an organization for mistakes made by personnel below them in the bureaucratic hierarchy; when things go wrong in a large and complex organization like the Canadian Forces, who is responsible and accountable; and whether a plea of ignorance is a good excuse. The study also analyzes the doctrine of ministerial responsibility in both the British and Canadian parliamentary traditions, (...) asking whether it is realistic to expect that a government minister should be held responsible for everything that goes wrong in his/her department. Finally, traditional military values are examined, considering the kinds of attitudes and values expected from Canada's armed forces and the differences between the military and civilian sectors. (shrink)

The International Commission on Intervention and State Sovereignty's report, The Responsibility to Protect, argues that when a state is unable or unwilling to uphold its citizens? basic human rights, such as in cases of genocide, ethnic cleansing, and crimes against humanity, the international community has a responsibility to protect these citizens by undertaking humanitarian intervention. An essential issue, however, remains unresolved: which particular agent in the international community has the duty to intervene? In this article, I critically examine four (...) ways of assigning this duty. Although I highlight the benefits of institutionalising the responsibility to protect, I argue that we should adopt, in the short term at least, a consequentialist solution: humanitarian intervention should be the responsibility of the intervener that will be the most effective. (shrink)

The introduction of in vitro fertilization (IVF) results in a separation of sex and reproduction which has generated enormous ethical debate (Lauritzen 1993). Surrogacy makes this situation more complicated by bringing a surrogate mother into reproduction. A surrogacy case may involve five individuals (in addition to the surrogate child). These are the commissioning couple, the gamete donors, and the surrogate mother. Hence, a surrogate child may have up to five parents, including biological parents, commissioning parents, and a gestational parent. The (...) question is which of these people should undertake parental duty? In terms of the acquisition of parental duty, there are three accounts. They are the biological connection account, the causal account, and the consent account. In this article, I try to argue that only the commissioning parents should undertake the parental duty for the surrogate child based on the latter two accounts. I do not apply the biological connection account because the biological connection account fails to explain one’s parental duty, which I will show in the following sections. (shrink)

This article argues that congregations should be seen as grassroots public moral agents, on the ground working to bring what they discern as God's preferred future into being. Deliberations among congregations of all social backgrounds are a way of doing ethics "polycentrically," without a dominant center. Because cultural and social boundaries are permeable and people in various social groups can imaginatively enter the worlds of people unlike themselves, they can engage those perspectives morally on an equal footing. The essay addresses (...) ethicists' participation in congregations' moral deliberation and action, and concludes with a plea for theological ethicists to consider congregations in their work. (shrink)

In this paper, I argue that Kant gives a philosophically plausible derivation of the general duty of benevolence and that this derivation can be used to show how to derive other general duties of commission with the universalizability tests.The paper is divided into four sections. In the first, I explain Kant’s notion of a general duty. In the second, I introduce the universalizability tests. In the third, I examine and argue against an account in the secondary literature of (...) how to derive general duties from these tests. In the fourth, I look at Kant’s derivation of the duty of benevolence in the Metaphysics of Morals, and I suggest how this reasoning can be extended to other duties. (shrink)

Far from merely rejecting the ongoing political reform, the coordination of the « intermittents and précaires » proposes a reform project based on the reality of the discontinuity of labor. The aim is not a melancholy plea for the creation of some hypothetical « real jobs n, but rather, to demand the means which are required for the practices of intermittence to be placed on a solid, permanent basis. The model of unemployment compensation suggested here should enable these practices to (...) be rendered permanent, thereby guaranteeing the linkage of various temporalities as a condition for acting on the meaning and content of activity, through forms of shared benefits which grant indemnities to those with lower income and sacrifice those with a higher income. This presupposes the creation of a real threshold of indemnities but also a minimum wage-type platform. What remains to be thought is other forms of financing which would do justice to the frequently unacknowledged production of wealth in intermittence. (shrink)

The purpose of this work is to offer a critical examination of Immanuel Kant's ethic of suicide. Kant's suicidology marks an influential view regarding the moral stature of suicide, yet one that remains incomplete in important respects. Because Kant's moral views are rationalistic, they restrict moral consideration to rational entities. Many people who commit suicide are not rational at the time of its commission, for they suffer from severe mental illness. Because of this, Kant's suicidology devastatingly excludes certain human (...) demographics from moral consideration, current Canadian statistics indicating that such people mark one of the highest populations at risk of committing suicide in the first place. This work contains a presentation, analysis, and critique of Kant's ethic of suicide, leading to an attempt to state criteria for an adequate suicidology.Dept. of Philosophy. Paper copy at Leddy Library: Theses & Major Papers - Basement, West Bldg. / Call Number: Thesis2006.T66. Source: Masterss International, Volume: 45-01, page: 0101. Thesis --University of Windsor, 2006. (shrink)

Flesh of My Flesh is a collection of articles by today's most respected scientists, philosophers, bioethicists, theologians, and law professors about whether we should allow human cloning. It includes historical pieces to provide background for the current debate. Religious, philosophical, and legal points of view are all represented.

There are six national ethics commissions in Finland. The National Advisory Board on Research Ethics was first established in 1991, followed by the National Advisory Board on Biotechnology and the Board on Gene Technology in 1995. The National Advisory Board on Health Care Ethics was established in 1998, followed by its Sub‐Committee on Medical Research Ethics in 1999. The Co‐operation Group for Laboratory Animal Sciences was established in 2001. Only the Board on Gene Technology works as a national authority and (...) gives binding opinions and recommendations about the use of genetically modified organisms. The Sub‐Committee on Medical Research Ethics acts as a national research ethics committee and gives opinions about research projects. Other advisory boards do not make legally binding decisions, but their expertise gives a lot of power to their opinions and statements. The commissions work in close collaboration with each other, having regular meetings. They arrange seminars and conferences, and share information with each other. The commissions also share duties and information in international collaboration. How the voice and opinions of these commissions is heard in society lies in the wide, multi‐professional expertise of their members. Large commissions and wide expertise may make it difficult to find consensus in their opinions and statements, although wide expertise may, more than discussion in a small expert group, help to further process difficult ethical issues. Collaboration between different bodies is important in order to share duties, and also to add more emphasis to the statements and opinions where different bodies share interests. In our country, the interest that national commissions share is research ethics, where the advisory boards and their members have discharged collaborative activities for years. (shrink)

A former Prime Minister of Israel is alleged to have said that her country would never ascend to the status of authentic statehood until it possessed certain well-known social attributes — organized crime, prostitution, and corruption. These features, while obviously undesirable, were she felt, reliable indices of societal maturation. This anecdote is suggestive in understanding current events pertaining to the field of applied ethics.Philosophers have produced a massive body of opinion and argument on a diverse range of subjects under the (...) rubric of applied ethics. Moreover, they have assumed positions on various panels, commissions, governmental bodies and committees in the hope of making an informed contribution to the formulation of institutional and public policy. These accomplishments have begun to elicit the kinds of attributes commonly associated with philosophical maturation — exposées, debunkings, refutations, and ideologically informed critiques. (shrink)

A former Prime Minister of Israel is alleged to have said that her country would never ascend to the status of authentic statehood until it possessed certain well-known social attributes — organized crime, prostitution, and corruption. These features, while obviously undesirable, were she felt, reliable indices of societal maturation. This anecdote is suggestive in understanding current events pertaining to the field of applied ethics.Philosophers have produced a massive body of opinion and argument on a diverse range of subjects under the (...) rubric of applied ethics. Moreover, they have assumed positions on various panels, commissions, governmental bodies and committees in the hope of making an informed contribution to the formulation of institutional and public policy. These accomplishments have begun to elicit the kinds of attributes commonly associated with philosophical maturation — exposées, debunkings, refutations, and ideologically informed critiques. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The National Commission on AIDSDonald S. Goldman (bio) and Jeff Stryker (bio)A decade after the first cases were recognized in the United States, AIDS continues to vex policymakers and fascinate the public. It has been said that AIDS acts as a prism, refracting a spectrum of controversial topics. For bioethicists, these topics include: equity in the allocation of resources for treatment and research; forgoing life-sustaining care and proxy (...) decision making; informed consent in the context of HIV testing and screening; the ethical duties of health care workers to provide care for persons with HIV disease; and competing obligations of health care professionals to patients and to third parties who may be put at risk.The Role of CommissionsIf AIDS is the quintessential case study for bioethicists, it is a potential quagmire for politicians. The association of HIV disease with drug use and sexual behavior makes it a topic that all but the most courageous (or the most homophobic) politicians shy away from. A frequent political response is to form a commission.Alexander Capron, who was executive director of the President's Commission for the Study of Ethical Problems in Medicine, has described some roles commissions play: a watchdog, overseeing the work of particular government agencies; a crucible, providing a means for "publicly hammering out conclusions on controversial issues when consensus, both in the public and in the relevant disciplines, is not yet apparent"; and "a lightning rod for public concern—or viewed less charitably, dumping ground for an issue that is too difficult for the ordinary political process to handle" (Capron 1983, p. 9).Nearly every state has created a gubernatorial-level task force or commission on AIDS. The National Commission on AIDS was established under the Health Omnibus Program Extension (HOPE) Act of 1988, which was signed by President Reagan on November 4, 1988. The official charter of the commission was approved August 2, 1989 and its original two-year term was extended for a third year. The mission statement crafted by the commission to reflect its Congressional mandate reads: [End Page 339]The National Commission on Acquired Immune Deficiency Syndrome is an independent body of 15 members created to advise the President and Congress. The Commission seeks to build a broad public understanding on the magnitude, scope and urgency of the HIV/AIDS epidemic; provide and inspire leadership at all levels of both the public and private sectors; empower individuals and communities; and advocate for effective, cooperative and non-discriminatory resources required for prevention, comprehensive care, and the research necessary to halt the epidemic.As the mission statement implies, the National Commission on AIDS has viewed itself from the outset not only as a crucible for policy analysis, but also as a forum for those affected by HIV disease. In site visits and hearings the commissioners have met with hundreds of people living with HIV disease, and with caregivers on the front lines. This odyssey has taken the commission on visits to homeless shelters in New York City; to "shooting galleries" where intravenous drug users congregate in Seattle; to Native American communities in four states; to private homes in rural Georgia; and to hospitals, HIV antibody testing centers, drug treatment clinics, and hemophilia treatment centers throughout the nation. It quickly became clear during the commission's travels that HIV disease cannot be understood outside the context of the racism, homophobia, poverty and unemployment that provide the medium that fosters its spread. It also became apparent that issues of HIV prevention, care and treatment, and clinical research are inextricably intertwined and must be dealt with as such.Early InitiativesUnder the leadership of Chairperson June Osborn and Vice-chairperson David Rogers, the commission decided that the problems it saw in its first few meetings were too urgent to await a full-length annual report. Hence the commission entered the fray with a series of brief interim reports on particular aspects of AIDS. These reports enabled the commission to draw attention to urgent problems of limitations in access to health care and to underscore the plight of people with HIV disease who might otherwise garner little media attention, such as prisoners and drug users (National Commission... (shrink)

Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty set out that in carrying out the duties assigned to it by Article 89 and by provisions adopted under Article 87 of the Treaty, the officials authorized by the EU Commission were empowered inter alia to enter any premises, land and means of transport of undertakings. Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in (...) Articles 81 and 82 of the Treaty has expanded Commission’s powers stating that Commission can by decision order an inspection to be conducted in any other premises, land and means of transport, including the homes of directors, managers and other members of staff of the undertakings and associations of undertakings concerned. Such an expansion of the investigative powers of the Commission raises a question of the balance between effectiveness of the EU competition law and a person’s right to privacy, which is guaranteed to everyone by the Article 8 of the European Convention on Human Rights. Nevertheless this right is not absolute and the conditions for the possible limitations of the exercise of it are enshrined in paragraph 2 of the same article. For this reason the aim of this article is to find out whether Commission’s power to carry out searches in private homes meet the requirements set in Article 8(2) of the Convention, i.e., whether the Commission’s power to conduct such searches could be justified under the ECHR Article 8(2). In this study, the authors analyse the Commission’s extended investigative powers, clarify what is covered by the concept of “privacy”, evaluate the requirements set in Article 8(2) of the Convention, analyse conditions of exercising Commission’s extended investigative power and thus qualify if the latter satisfies the requirements set in Article 8(2) of the ECHR. (shrink)

The literature on reparative justice focuses for the most part on the grounds and limits of wrongdoers' duties to their victims. An interesting but relatively neglected question is that of what - if anything - victims owe to wrongdoers. In this paper, I argue that victims are under a duty to accept wrongdoers' apologies. To accept an apology is to form the belief that the wrongdoer's apologetic utterance or gesture has the requisite verdictive, commissive and expressive dimensions; to communicate (...) as much to him; and to recognise that his apology changes one's normative status in relation to him, and to comport oneself accordingly. I then offer a Kantian argument for the duty to accept and qualify that argument in the light of some hard cases. I end the paper by addressing the objection that victims do not owe it to wrongdoers to engage in any form of reparative encounter. (shrink)

This article provides a critique of the IWC's traditional focus on anthropocentric conservation in the governance of whaling. It is argued that this position, which relies on accepting the view that we have no direct moral duties to whales, is out of step with the moral status that now tends, in theory and practice, to be granted to animals. More specifically, anthropocentric conservation conflicts with the widespread acceptance, in theory and practice, that non-human animals such as whales have moral (...) standing, that what we do to them matters to them directly. This does not mean that whaling should necessarily be prohibited on ethical grounds, although the animal welfare analysis of whaling sketched in this article does suggest that, on balance, it is difficult to defend morally. Rather, it is being claimed that it is morally objectionable to deny, as the whaling nations do, that the IWC ought to be mandated to consider the welfare implications of whaling. (shrink)

Untangling the Surrogacy WebSurrogacy agreements represent unique legal questions that must be answered with great care. In Australia we had the recent “Baby Gammy” scandal that involved an international surrogacy agreement and claims of abandonment of a child with Down’s syndrome. This story served to reinforce concerns that surrogacy turns children into a commodity that can be put to one side if expectations are not met. Of course, surrogacy agreements do not always end in this manner and often the outcome (...) is positive. There are, however, underlying legal questions regarding the status of the child, with some children, born as the result of international surrogacy agreements, being practically stateless when the nation of the commissioning parents refuses to issue passports to allow the children to return “home” with their “parents.” Where the relationship is local, however, and there is clear legislation, the issues can be less problematic but can become complex where a party wishes .. (shrink)

Preimplantation genetic diagnosis (PGD) is available where there is a 'significant risk of a serious genetic condition being present in the embryo', the criteria established by the Human Fertilisation and Embryology Authority (HFEA) and Human Genetics Commission (HGC). There are a number of controversies about this practice, notably to what extent people can agree on the term 'serious' and whether 'serious' should only mean 'serious for the possible child' or whether it might also, or sometimes instead, mean 'serious for (...) the prospective parents'. This paper moves into different controversial territory by considering the scope of reproductive autonomy beyond selection against serious genetic conditions. Here I consider the argument that parents might actually be morally required to select children with what are sometimes called 'enhanced' features or traits to select 'the best' as this has been described. Reflection on the realities and costs of an attempt to use in vitro fertilization (IVF) and PGD to select 'the best' possible child rebuts the argument in favour of any such 'maximizing' duty on behalf of prospective parents. (shrink)

Physicians, so it will be argued have by virtue of their profession a weightier obligation than patients to disclose their HIV infection, and also have a duty to refrain from performing exposure-prone invasive procedures. This argument supports both the AMA and CDC guidelines on HIV infected health care workers (HCWS), while undermining the recommendations against disclosure suggested by the National Commission on AIDS (NCA). The argument is divided into three parts. First, a distinction is made between entrenched and fuzzy (...) roles. Second, the physician-patient relationship is described as essentially fiduciary rather than businesslike or merely contractual. Third, the conflict between patients' and physicians' right to know is portrayed as one between patients' and physicians' right to life. Last, given the the probability of infection from seropositive patients to seronegative physicians, and, conversely, is roughly the same, it is recommended as a fair social policy that whenever an invasive procedure occurs, both physicians and patients have a duty to disclose any serious infection that may jeopardize their lives. (shrink)

Kant is well known for claiming that we can never really know our true moral disposition. He is less well known for claiming that the injunction "Know Yourself" is the basis of all self-regarding duties. Taken together, these two claims seem contradictory. My aim in this paper is to show how they can be reconciled. I first address the question of whether the duty of self-knowledge is logically coherent (§1). I then examine some of the practical problems surrounding the (...) duty, notably, self-deception (§2). Finding none of Kant's solutions to the problem of self-deception satisfactory, I conclude by defending a Kantian account of self-knowledge based on his theory of conscience (§3). (shrink)

A defence of the idea that there are sui generis duties of love: duties, that is, that we owe to people in virtue of standing in loving relationships with them. I contrast this non-reductionist position with the widespread reductionist view that our duties to those we love all derive from more generic moral principles. The paper mounts a cumulative argument in favour of the non-reductionist position, adducing a variety of considerations that together speak strongly in favour of (...) adopting it. The concluding section connects this debate with larger issues in moral theory concerning the general idea of obligation. (shrink)

Shaftesbury's Characteristicks of Men, Manners, Opinions, Times is a collection of treatises on interconnected themes in moral philosophy, aesthetics, literature, and politics. It was immensely influential on eighteenth-century British taste and manners, literature, and thought, and also onthe Continental Enlightenment. The author was a Whig, a Stoic, and a theist, whose commitment to political liberty and civic virtue shaped all of his other concerns, from the role of the arts in a free state to the nature of the beautiful and (...) the good.This is the first new edition of Shaftesbury's Characteristicks as a coherent collection for almost a century. A substantial Introduction discusses Shaftesbury's works and ideas in the context of his times, and traces the reception and influence of his writings through the eighteenth century andbeyond. A full and scholarly commentary is provided, as well as a complete textual apparatus. The very thorough Index is Shaftesbury's own.The text is essentially that of the first edition of 1711, as marked up with changes by Shaftesbury himself in preparation for the posthumous second edition of 1714; and the striking emblematic engravings he commissioned especially for the second edition are incorporated. (shrink)

Four international codes of conduct (those of the International Chamber of Commerce, the Organization for Economic Cooperation and Development, the International Labor Organization, and the United Nations Commission on Transnational Corporations) are analyzed to determine the ethical bases of the behaviors they prescribe for multinational enterprises (MNEs). Although the four codes emphasize different aspects of business behavior, there is substantial agreement regarding many of the moral duties of MNEs. It is suggested that MNEs are morally bound to recognize (...) the codes and to take them into account when engaging in international business. (shrink)

I argue that agents can have duties to cooperate with one another if this increases their combined efficiency and/or efficacy in addressing ongoing collective moral problems. I call these duties cooperative duties of efficiency and efficacy. I focus particularly on collective agents and how agents ought to reason and act in the face of global moral problems. After setting out my account, I argue that a subset of cooperative duties of efficiency and efficacy of collective agents (...) are duties of justice in virtue of the roles these agents have taken up. (shrink)

The revolutionary restructuring of the whole of the life of our society, which got under way in the country after the April 1985 Plenum of the Central Committee of the CPSU, is inseparably bound up with a consolidation of the moral foundations of socialist society and the Soviet mode of life. A profound intellectual conviction, the greatest political and moral responsibility for the fate of the country, and an unwavering observance of the Leninist ethics of Bolshevism are the demands now (...) being placed on all Soviet people, but with special urgency on Party members. A concern for the moral purity and honesty of Communists is the prime duty of a Party organization. The Party calls for a most merciless struggle against accommodators, careerists, and opportunists, and against protectionism, family favoritism, nepotism, and promotion of workers on the basis of hometownism and personal loyalty. Party organizations must apply the full rigor of the requirements of the Party statutes to those who compromise the name of Party member and Soviet leader by violating Party duty, the commission of crimes of office, greed, economic featherbedding, and moral dereliction. (shrink)

Shared views regarding the moral respect which is owed to children in family life are used as a guide in determining the moral permissibility of nontherapeutic clinical research procedures involving children. The comparison suggests that it is not appropriate to seek assent from the preadolescent child. The analogy with interventions used in family life is similarly employed to specify the permissible limit of risk to which children may be exposed in nontherapeutic research procedures. The analysis indicates that recent writers misconceive (...) how certain moral principles, such as respect for personal autonomy, require us to act toward children. The results are also used to assess proposed federal regulations on research with children. (shrink)

Scholars who favor shareholder primacy usually claim either that managers should not fulfill corporate duties of beneficence or that, if they are required to fulfill them, they do so by going against their obligations to shareholders. Distinguishing between structurally different types of duties of beneficence and recognizing the full force of the normative demands imposed on managers reveal that this view needs to be qualified. Although it is correct to think that managers, when acting on behalf of shareholders, (...) are not required to fulfill wide duties of charity, they are nevertheless required to fulfill a variety of narrow duties of beneficence. What is more, the obligation to fulfill these duties arises precisely because they are acting on behalf of shareholders. As such, this article 1) refines our understanding of the duties of corporate beneficence and 2) helps to identify which duties of beneficence are imposed on managers when they are acting on behalf of shareholders. (shrink)

A defence of the idea that there are sui generis duties of love: duties, that is, that we owe to people in virtue of standing in loving relationships with them. I contrast this non‐reductionist position with the widespread reductionist view that our duties to those we love all derive from more generic moral principles. The paper mounts a cumulative argument in favour of the non‐reductionist position, adducing a variety of considerations that together speak strongly in favour of (...) adopting it. The concluding section connects this debate with larger issues in moral theory concerning the general idea of obligation. (shrink)

The Code of Ethics for Health Care Ethics Consultation (HCEC) is a pivotal step in the process of identifying and clarifying standards in our field. It draws on the Core Competencies articulated by...

This book is a comprehensive and unique text and reference in medical ethics. By far the most inclusive set of primary documents and articles in the field ever published, it contains over 100 selections. Virtually all pieces appear in their entirety, and a significant number would be difficult to obtain elsewhere. The volume draws upon the literature of history, medicine, philosophical and religious ethics, economics, and sociology. A wide range of topics and issues are covered, such as law and medicine, (...) truth-telling by the physician, research, population policy, genetics, abortion, dying, and individual rights in medical care. The selections span the centuries, beginning with material from the works of Hippocrates, continuing through Thomas Percival, John Stuart Mill, and Claude Bernard, down to modern commentators like Henry K. Beecher, Walsh McDermott, David L. Bazelon, Paul Freund, H. L. A. Hart, John Rawls, Paul Ramsey, Richard McCormick, Rashi Fein, and Bernard Barber. The text has eight major divisions, beginning with sections on the ethical dimensions of the physician-patient relationship in history; the moral bases of medical ethics; and regulation, compulsion, and protection of the consumer in clinical medicine and public health. Each of these sections includes key essays that appear for the first time. All of the book's major divisions contain primary documents: codes such as the Hippocratic Oath, Medieval Law for the Regulation of Medicine, and the first as well as the most recent code of the American Medical Association; court decisions, including those on Karen Quinlan and on abortion in the United States and West Germany; government documents such as the statement of the National Commission on the Protection of Human Subjects, the Tuskegee Syphilis Report, the British Parliamentary debate on euthanasia, and the Council of Europe on rights of the sick and dying; and various published guidelines such as the Harvard Medical School brain death criteria, the American Hospital Association on patient's rights, and Pope Pius XII on the prolongation of life. Cases that illustrate moral dilemmas are provided for discussion purposes. Each section is preceded by a succinct editor's introduction. The documents and essays are of practical value for practitioners and students in medicine, law, ethics, and counselling, and for individual patients and groups concerned with medical care. Through encompassing divergent viewpoints, the essays and primary documents were selected to encourage humane practices and deepen understanding of the multiple traditions that shaped and do shape the development of medicine. (shrink)

COVID-19 has created additional challenges in mental health services, including the impact of social distancing measures on care and treatment. For situations where a detention under mental health legislation is required to keep an individual safe, psychiatrists may consider whether to conduct an assessment in person or using video technology. The Mental Health Act 2003 does not stipulate that an assessment has to be conducted in person. Yet, the Code of Practice envisions that detention assessments would be conducted face to (...) face in all circumstances. During the pandemic, the Mental Welfare Commission for Scotland, a statutory body with a duty to promote best practice of the Act, has been asked whether it may be acceptable and indeed preferable for some assessments to be conducted via video technology. Where an assessment is needed to determine if a patient needs to be detained, and where there is a need for social distancing or the need for ‘shielding’, remote assessments may in some circumstances be preferable. In this article, we outline the modification of the Mental Welfare Commission’s previous outright rejection of virtual assessments as the pandemic progressed and discuss the ethical and legal issues the possibility of remote assessments has exposed. We also discuss the limits and when a virtual assessment is not considered ethical. As the pandemic moves from a state of emergency into a ‘new normal’ in psychiatric services during second, or subsequent, waves, the use and place of remote assessments for detention needs to be considered. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Handbook of Roman Catholic Moral Terms by James T. Bretzke, SJJohn J. FitzgeraldHandbook of Roman Catholic Moral Terms James T. Bretzke, SJ washington, dc: georgetown university press, 2013. 260 pp. $24.95The Handbook of Roman Catholic Moral Terms continues the recent sequence of concise dictionaries published by Georgetown University Press, including the Key Words volumes for various religions and A Handbook of Bioethics Terms. James Bretzke’s contribution is especially (...) welcome as it is the first such English-language reference work in Catholic moral theology since the Second Vatican Council. The author covers fundamental, social, medical, and sexual issues while providing frequent cross-references and further readings. Special attention is also given to scripture and ethics, the history of moral theology, the nature and authority of the Magisterium, canon law, Protestant thought, and moral philosophy. The longest entries are those on dissent (67–70), Humanae vitae (111–16), infallibility (122–24), and the Pontifical Commission on Births (180–82), which in advance of Humanae vitae produced the well-known Majority Report favorable to the use of contraception. The sections on these vexed issues delve into some of the relevant arguments from different sides.Given its space constraints as a portable paperback, the Handbook covers an impressive amount of historical and contemporary ground. The eight-hundred-plus entries are generally clear and irenic, and often illuminating. Consider the page-long entry on just war theory (131–32), which succinctly summarizes its development from Augustine to the present-day Catechism, calls attention to the importance of ius post bellum alongside the traditional categories of ius ad bellum and ius in bello, and outlines four possible critiques of the theory. Particularly helpful throughout are the various examples the author provides. For instance, in the course of explaining that moral norms and human laws may not bind at all times, he suggests that it is justifiable to forgo the duty to sustain life when this can only be done through extraordinary means (140), or to exceed the speed limit in case of a medical emergency (15, 81; see also 183 and 239–40 for other relevant examples).On the other hand, a few key topics are either overlooked or not fully dealt with. This book rightly highlights ecumenical ethics (77–78 and passim), but there is essentially no coverage of Eastern Orthodoxy and very little on pre-twentieth-century Protestant thought. In addition, considering the prevalence of a “morality-of-happiness” perspective in historical and modern-day Catholic thought, and given Bretzke’s own thorough attention to law, the book might have incorporated separate entries on happiness and grace, law’s complement. [End Page 221] (To his credit, he does mention grace several times—a fact that the preface points out—and includes the beatific vision, Gloria Dei vivens homo, and Summum Bonum among his definitions.) And speaking of law, the author’s treatment of the divine law is slightly confusing; he appears to alternately conflate it with and differentiate it from both the eternal law and the law of the Old and New Testaments (70–71, 136, 138).In the end, despite Bretzke’s best efforts to remain above the ideological frays of moral theology, one’s overall evaluation of his book may depend somewhat on one’s place within them. Some will chafe at his suggestions that contraception (116), certain forms of assisted reproduction (198–99), and artificial nutrition and hydration that sustain those in a persistent vegetative state (10, 224–25) remain open questions to an extent. Others will point out, as Bretzke does, that Church doctrine has previously undergone substantial development on other issues, such as religious freedom (65–66, 151, 193, 229) and the charging of interest (107, 241). What most should be able to agree upon is that in many respects the Handbook is a valuable resource, one that will help professionals and students alike come to a much better understanding of the key terms and debates within the field. [End Page 222]John J. FitzgeraldSt. John’s University (New York)Copyright © 2015 Society of Christian Ethics... (shrink)

In this article I criticize a theory of political obligation recently put forward by Christopher Wellman. Wellman's “samaritan theory” grounds both state legitimacy and political obligation in a natural duty to help people in need when this can be done at no unreasonable cost. I argue that this view is not able to account for some important features of the relation between state and citizens that Wellman himself seems to value. My conclusion is that the samaritan theory can only be (...) accepted if we are ready to give up either the traditional notion of political obligation as a prima facie duty valid for every citizen, or the current view of the relationships that should exist between states, citizens and foreigners (the view according to which states should have special concerns for their own citizens). (shrink)

This chapter contains sections titled: Defining the Term “Citizens Labeled with Cognitive Disabilities” The Scope of Moral Personhood: The Potentiality View The Fully Cooperating Assumption How Are the Two Moral Powers Acquired? The Enabling Conditions Personhood as Requiring Enabling Conditions Blocking Developmental Pathways to Moral Personhood The Causal Relationship Between Epistemic Claims and the Concrete Lives of People with Disabilities First Objection: Responding to the Epistemic Difficulty Second Objection: The Argument from Marginal Cases Conclusion Acknowledgments References.

Duty of candour legislation was introduced in Scotland in 2018. However, literature and experience of duty of candour when applied to infection control incidents/outbreaks is scarce. We describe clinician and parental perspectives with regard to duty of candour and communication during a significant infection control incident in a haemato-oncology ward of a children’s hospital. Based on the learning from this incident, we make recommendations for duty of candour and communication to patients and families during future infection control incidents. These include (...) the need to consider a crisis management approach, the importance of not underestimating psychological harm in incidents of a prolonged duration and embedding the existing legislation pertaining to the rights of the child. (shrink)

Across almost a decade, Desmond Tutu, Anglican cleric and chairman of South Africa’s Truth and Reconciliation Commission, supported a model of civil resistance against the apartheid regime based solely on religious argument. Tutu is one of what Appleby (2000) calls the “religious militants for peace”: people of faith who use religious arguments to buttress resistance against unjust regimes and to support vital political change with regard to rights and justice. Yet the employment of religious arguments to justify political action (...) seems to contradict the liberal democratic requirements of public reason, particularly the duty of liberal citizens to provide reasons that others could reasonably endorse. If “religious militants” violate their duty of civility by appealing to their comprehensive doctrines, should liberal democracy exclude this form of religiously founded dissent as being unreasonable? Or, rather, should liberal democracy embrace and support the efforts of “religious militants” to enhance and/or restore political justice? (shrink)

Conjoined with the claim that there is a moral right to privacy, each of the major contemporary accounts of privacy implies a duty of ignorance for those against whom the right is held. In this paper I consider and respond to a compelling argument that challenges these accounts (or the claim about a right to privacy) in the light of this implication. A crucial premise of the argument is that we cannot ever be morally obligated to become ignorant of information (...) we currently know. The plausibility of this premise, I suggest, derives from the thought that there are no epistemically ways in which we can cause ourselves to become ignorant of what we already know. Drawing on some recent work in the epistemology and psychology of self-deception and forgetting, I seek to undermine this thought, and thus provide a defense against the challenging argument, by arguing that there are indeed such ways. (shrink)

Many social practices treat citizens with cognitive disabilities differently from their nondisabled peers. Does John Rawls's theory of justice imply that we have different duties of justice to citizens whenever they are labeled with cognitive disabilities? Some theorists have claimed that the needs of the cognitively disabled do not raise issues of justice for Rawls. I claim that it is premature to reject Rawlsian contractualism. Rawlsians should regard all citizens as moral persons provided they have the potential for developing (...) the two moral powers. I claim that every citizen requires specific Enabling Conditions to develop and exercise the two moral powers. Structuring basic social institutions to deny some citizens the Enabling Conditions is unjust because it blocks their developmental pathways toward becoming fully cooperating members of society. Hence, we have a duty of justice to provide citizens labeled with cognitive disabilities with the Enabling Conditions they require until they become fully cooperating members of society. (shrink)

“Playing God” is the charge frequently leveled when physicians and patients agree to withdraw life-sustaining medical treatments and let the patient die. The accusation rings hollow in the context of four hundred years of moral reflection on the duty of an individual to undergo medical treatments to preserve life. From the teachings of Soto and Banez in the 16th century through the President's, Commission 1983 report ‘deciding to forego life-sustaining treatments’ there is a clear and constant teaching that though (...) life is sacred it is not an absolute and our moral duty to preserve it is limited and based on rational reflection. No patient need undergo any treatment or procedure that is “disproportionately” costly, burdensome, or painful. The assessment of whether to accept or reject a proposed treatment is in part subjective and belongs to the individual patient. The only remaining issue is how to make that judgment for those unable to speak for themselves. (shrink)

The formation of citizenship as a concept to define the rights of participation in the formation processes of modern territorial states is well known. But the transnational dimensions of defining citizenship and how to combine national legislations with enlightened universal and natural law rules in the mid-19th century is not very well known. The article aims to explore the transnational discourses on the political, economic and moral rights and duties of the citizen in the pan—European liberal Association Internationale pour (...) le Progrès des Sciences Sociales. During the 1860s, its congresses should serve as a vast commission of enquiry and should eventually lead to a general definition of citizenship in Europe which could be implemented in national legislations. The article shows how the Association Internationale tried to deduce universal moral rules from national legislations and peculiarities by the means of moral or positive social science. In combining moral unity with national and regional diversities, the Association Internationale tried to give an elastic framework for a European civil society in which national subjects should become active citizens. (shrink)

A challenge to Kant’s less known duty of self-knowledge comes from his own firm view that it is impossible to know oneself. This paper resolves this problem by considering the duty of self-knowledge as involving the pursuit of knowledge of oneself as one appears in the empirical world. First, I argue that, although Kant places severe restrictions on the possibility of knowing oneself as one is, he admits the possibility of knowing oneself as one appears using methods from empirical anthropology. (...) Second, I show that empirical knowledge of oneself is fairly reliable and is, in fact, considered as morally significant from Kant’s moral anthropological perspective. Taking these points together, I conclude that Kant’s duty of self-knowledge exclusively entails the pursuit of empirical self-knowledge. (shrink)