According to the received view crimes like torture, rape, enslavement or enforced prostitution are domestic crimes if they are committed as isolated or sporadic events, but become crimes against humanity when they are committed as part of a ‘widespread or systematic attack’ against a civilian population. Only in the latter case can these crimes be prosecuted by the international community. One of the most influential accounts of this idea is Larry May’s International Harm Principle, which states (...) that crimes against humanity are those that somehow ‘harm humanity.’ I argue that this principle is unable to provide an adequate account of crimes against humanity. Moreover, I argue that the principle fails to account for the idea that crimes against humanity are necessarily group based. I conclude by suggesting that the problem with May’s account is that it relies on a harm-based conception of crime which is very popular, but ultimately mistaken. I submit that in order to develop an adequate theory of crimes against humanity we need to abandon the harm-based model and replace it with an alternative conception of crime and criminal law, one based on the notion of accountability. (shrink)

This paper explores potential points of synthesis between two leading theorists in Critical Theory and Critical International Relations Theory, Axel Honneth and Andrew Linklater. Whereas Linklater's recent work on the harm principle has turned away from the critical social theory of the Frankfurt School in favour of Norbert Elias and process sociology, the paper observes a fundamental complementarity between harm and the precepts of recognition theory that can bridge these otherwise disparate approaches to emancipation. The paper (...) begins with a brief overview of Linklater's emancipatory vision before examining his recent turn to the harm principle and Eliasian process sociology. It is argued that Honneth's work, particularly the ideas of mutual recognition and the diagnosis of social pathologies, clearly resonant with Linklater's defence of ethical universalism and can help further the emancipatory project of Critical International Relations Theory. In particular, Honneth's intersubjective concept of autonomy is argued to provide a normative and empirical standard for emancipation premised on the historically progressive expansion of attitudes of recognition, born out of social struggles, toward the ideal institutionalisation of mutual recognition in world politics. (shrink)

Current International Criminal Law suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’, ‘overall function’ and ‘purposes of punishment’. These issues are intimately interrelated; in particular, any reflection upon the last two issues without having first clarified the ius puniendi would not make sense. As argued elsewhere, in an initial contribution towards a consistent theory of ICL, the ius puniendi can be inferred from a combination of the incipient supranationality of the value-based world order (...) and the world citizens’ fundamental human rights predicated upon a Kantian concept of human dignity. On this basis, it is now possible to examine the overall function of ICL. Given the fact that ICL has not yet achieved the status of an autonomous discipline, the inquiry must start with a discussion of national theories of criminalisation. The article focuses on the two most important theories of criminalisation, namely the theories of protection of Rechtsgüter and the prevention of harm. Next, it examines whether and how these national theories can be transferred to ICL. (shrink)

ABSTRACTPrevious accounts of International Relations research have extensively focused on deontological ethics in analysing Responsibility to Protect. At the same time, discourse ethics – alo...

In August 2019, the fifth international congress of the 'International Association for the Study of the Philosophy of Edith Stein' (IASPES) took place at the University of Cologne. Of the 57 papers presented at this prominent conference prepared and chaired by the historian and theologian Harm Klueting, 54 were accepted for publication in revised versions. Professor Klueting was able to add three other contributions -- among them by the director of the Research Institute of the German Province (...) of the Carmelites at Bamberg, the historian and theologian Edeltraud Klueting, who acts as co-editor. The congress volume, published only a little more than a year after the congress despite significant constraints due to the Corona pandemic, contains 29 contributions in English, 21 in German, and seven in Spanish or French on the subjects 'Biographical questions', 'Edith Stein and thinkers of the past', 'Edith Stein and other contemporary thinkers', 'Anthropology -- Women and men', 'Philosophy -- phenomenology and Christian philosophy', 'Society and politics', 'Theology and spirituality', and 'Experiences with Edith Stein'. (shrink)

In his important recent book, Aaron James has defended a principle ? Collective Due Care ? for determining when a form of economic integration is morally objectionable because it causes unjustified harm (including unemployment, wage suppression and diminished working conditions). This essay argues that Collective Due Care would yield implausible judgements about trade practices and would be too indeterminate to play the practical role for which it is intended.

This volume presents a collection of refereed papers reflecting the state of the art in the area of over-constrained systems. Besides 11 revised full papers, selected from the 24 submissions to the OCS workshop held in conjunction with the First International Conference on Principles and Practice of Constraint Programming, CP '95, held in Marseilles in September 1995, the book includes three comprehensive background papers of central importance for the workshop papers and the whole field. Also included is an introduction (...) by one of the volume editors together with a bibliography listing 243 entries. All in all this is a very useful reference book relevant for all researchers and practitioners interested in hierarchical, partial, and over-constrained systems. (shrink)

In legal decisions standpoints can be supported by formal and also by substantive interpretative arguments. Formal arguments consist of reasons the weight or force of which is essentially dependent on the authoritativeness that the reasons may also have: In this connection one may think of linguistic and systemic arguments. On the other hand, substantive arguments are not backed up by authority, but consist of a direct invocation of moral, political, economic, or other social considerations. Formal arguments can be analyzed as (...) exclusionary reasons: The authoritative character excludes—in principle—substantial counterarguments. Formal arguments are sometimes used to conceal value judgements based on substantial arguments. This paper deals with reconstructing problems regarding this strategic use of formal arguments in legal decisions, with a focus on linguistic argumentation. (shrink)

Stories about near-death experiences draw much attention from the general public and are extensively discussed by medical doctors and neuroscientists. However, though eschatology belongs to their core business, only few theologians participate in the debate. This article proposes a theological interpretation of NDEs as ‘private revelations’. I first give a critical analysis of the development of the modern, allegedly ‘scientific’, concept of NDE. This concept changes concrete personal testimonies into statistical data that are used as scientific evidence for the existence (...) of an immortal soul. Next, the main criticisms against this concept from neurosciences, study of mysticism and philosophy of mind are discussed. Finally, I argue that ‘private revelation’ is a useful model for a theological understanding of NDEs and that an analogy from Thomas Aquinas’ view on prophetic dreams can help to account for the specific circumstance of imminent death. The interpretation I propose can do justice to the impression NDEs make on people, but can also accept and meet some of the most important criticisms raised against the modern concept of NDEs. (shrink)

The precautionary principle (“the Principle”) has been widely embraced as the new paradigm for contending with biological and environmental risk in the context of emerging technologies. Increasingly, it is being incorporated into domestic, supranational, and international legal regimes as part of a general overhaul of health and environmental regulation.1 Codifications of the Principle typically are vague, with their content intentionally left for scholars to debate, decision makers to interpret, and the courts to flesh out through case (...) law. Generally speaking, the Principle holds that scientific uncertainty will not be a bar to preventive regulatory action, and that decision makers should err on the side of .. (shrink)

Pour éclaircir problème de la science fondamentale, on doit s’assurer qu’il n’y a pas, dans le champ actuel de la science, de science spéciale qui puisse faire fonction, pour toutes les autres, de science fondamentale. Une vraie science fondamentale générale pourrait se développer à partir de la théorie actuelle des sciences, si cette théorie était méthodiquement construite. А côté, il у a une science fondamentale partielle qui consiste dans la pénétration réciproque des diverses sciences spéciales et de leur méthode. II (...) у a encore un aspect ontologique et un aspect pédagogique du problème. La valeur n’est pas une base pour la science fondamentale. (shrink)

This book is devoted to the so-called moral virtues, especially those moral virtues of which Christian tradition upholds that they are given by God to the faithful. For instance patience, humility and justice. There are not only different interpretations of these infused moral virutes, but it is also not unambiguous in the theology of Aquinas how these virtues are related to the virtues human beings acquire on their own accord. What is the relationship with Scripture, how do these virtues clour (...) the imitation of Christ, and what do these virtues tell about the moral life of non-Christians? (shrink)

Information about the environment is captured in human biological systems on a variety of interacting levels – in distributions of genes, linguistic particulars, concepts, methods, theories, preferences, and overt behaviors. I investigate some of the basic principles which govern such a hierarchy by constructing a comparatively simple three-level selection model of bee foraging preferences and behaviors. The information-theoretic notion of ''''mutual information'''' is employed as a measure of efficiency in tracking a changing environment, and its appropriateness in epistemological applications is (...) discussed at some length. In particular, information accumulated in mid-level preference distributions exhibits suggestive properties for the purposes of naturalistic epistemology. It also appears that the novelty of scientific objects and representations and the rapidity of scientific change relative to genetic change need present no obstacle to the use of such models in explanations of scientific progress and the reliability of scientific judgement. (shrink)

The terms 'transcendence' and 'immanence' are often used casually and as self-evident. The spatial imagery contained in their meaning determines the way they are understood and used: as opposites, like 'there' and 'here'. As a consequence, the two concepts are seen as mutually exclusive when applied to God's being and to his activity and presence in our world and in our history. This view on the relationship between God and world is characteristic not only of deism and pantheism, but also (...) of theism. However, in the view of Thomas Aquinas, such an opposition cannot adequately capture the central tenets of the Christian faith. This book explores Aquinas' thought on transcendence and immanence in his discussions of creation, analogy, the Trinity, grace and Christ, and offers interpretations in which God's transcendence and his immanence do not exclude but imply one another. >br/>The papers contained in this volume were originally presented at the third international conference of the Thomas Instituut at Utrecht in 2005. (shrink)

From over 2000 years ago the ideal expressed in the Hippocratic Oath has encouraged doctors never knowingly to do harm: primum non nocere. Over 25 years ago the management writer Peter Drucker proposed it as the basis of a management ethic, ‘the right rule for the ethics managers need, the ethics of responsibility’.1 He argued then that the rule had wide scope encompassing for instance executive compensation, management rhetoric and the management of business impacts. In 2000 the United Nations (...) Global Compact embodied a Principle 7 enjoining ‘a precautionary approach to environmental challenges’ as defined in Principle 15 of the 1992 Rio Declaration. But what can such precautionary injunctions mean in practice? And what of conflicts with other values? Robin Attfield lays out the key questions he argues need to be asked about the Precautionary Principle if it is to be taken seriously and acted upon soundly. His focus is on the management of vulnerable resources — specifically planetary ecosystems — with whose management knowingly or otherwise we are all concerned. (shrink)

The analysis presented here lays out the ethical warrants for requiring community oversight of health research conducted in international settings. It reviews the inadequacies with the current standards of individual informed consent and research ethics committee review, and then, shows how a broader population-based public health perspective raises new demands on justice involving due consideration of the rights, harms and benefits to the community as a whole. As developed here, an ethical standard that requires community oversight of health research (...) is justified on three principled grounds: respect for community autonomy and their right to self-determination; due consideration of the consequences of the research for the community as a whole; and, a more complete understanding of human autonomy. The paper concludes with practical recommendations regarding the composition of Community Advisory Boards to ensure that they have legitimate decision-making authority in diverse socio-cultural contexts. (shrink)

Assisted migration (AM) is a translocation of the representatives of species to areas outside their natural habitats as a response to climate change. This article seeks to identify how customary norms and general principles of international environmental law could guide the development of regulation of AM maximizing the benefits of using AM and minimizing AM-related risks. Among the customary norms and principles of international environmental law discussed in the article and relevant to the regulation of AM are the (...) permanent sovereignty over natural resources, the principle of cooperation, the no-harm rule, the precautionary principle, the principles of prevention, due diligence, and obligation to conduct environmental impact assessment (EIA), the principles of integration and intergenerational equity, common but differentiated responsibilities, and the polluter pays principle, the principles of non-regression, progression, resilience, in dubio pro natura, the principle of ecological proportionality, and the principle of access to information, public participation, and access to justice in environmental matters (principle of good governance, environmental democracy). (shrink)

Medical Research Council, Capetown, South Africa Nasheen Naidoo Medical Research Council, Capetown, South Africa Shamagonam James Medical Research Council, Durban, South Africa Priscilla Reddy Medical Research Council, Capetown, South Africa * Corresponding author: 306 Arnold House, School of Public Health & Health Sciences, University of Massachusetts, Amherst, MA 01003, USA. Tel.: (413) 545 1005; Email: Buchanan{at}schoolph.umass.edu ' + u + '@' + d + ' '//--> . Abstract The analysis presented here lays out the ethical warrants for requiring community oversight (...) of health research conducted in international settings. It reviews the inadequacies with the current standards of individual informed consent and research ethics committee review, and then, shows how a broader population-based public health perspective raises new demands on justice involving due consideration of the rights, harms and benefits to the community as a whole. As developed here, an ethical standard that requires community oversight of health research is justified on three principled grounds: respect for community autonomy and their right to self-determination; due consideration of the consequences of the research for the community as a whole; and, a more complete understanding of human autonomy. The paper concludes with practical recommendations regarding the composition of Community Advisory Boards to ensure that they have legitimate decision-making authority in diverse socio-cultural contexts. CiteULike Connotea Del.icio.us What's this? (shrink)

This article demonstrates a priori cosmopolitan values of restraint and harm limitation exist to establish a cosmopolitan “no-harm” duty in warfare, predating utilitarianism and permeating modern international humanitarian law. In doing so, the author exposes the atemporal and ahistorical nature of utilitarianism which introduces chaos and brutality into the international legal system. Part 2 conceptualises the duty as derived from the “no-harm” principle under international environmental law. Part 3 frames the discussion within legal (...) pluralism and cosmopolitan ethics, arguing that divergent legal jurisdictions without an international authority necessitates a “public international sphere” to mediate differences leading to strong value-commitment norm-creation. One such norm is the “no-harm” duty in warfare. Part 4 traces the duty to the Stoics, Christianity, Islam, Judaism, African traditional culture, Hinduism, and Confucianism. Parts 5 and 6 explain how the duty manifests in principles of distinction and proportionality under international humanitarian law. (shrink)

In this chapter, I bring non-ideal theory to bear on the ethics of immigration. In particular, I explore what the obligations of liberal states would be if they were to attempt to implement migration arrangements that conform to liberal-cosmopolitan principles. I argue that some of the obligations states have are feasibility-insensitive, while some are feasibility-sensitive. I show that such obligations can have as their content both the inclusion and exclusion of prospective immigrants, and that they can be grounded in the (...) requirements of liberal justice, mere capacity to assist, as well as past or foreseeable contribution to harm. The chapter therefore explores the possibility of an international migration regime that takes human rights seriously whilst avoiding the twin pitfalls of strict immigration restrictions and the complete liberalization of immigration. (shrink)

Distribution of responsibility is one of the main focus areas in discussions about climate change ethics. Most of these discussions deal with the distribution of responsibility for climate change mitigation at the international level. The aim of this paper is to investigate if and how these principles can be used to inform the search for a fair distribution of responsibility for climate change adaptation on the local level. We found that the most influential distribution principles on the international (...) level were in turn built on one or more of seven basic principles: (P1) equal shares, (P2) desert, (P3) beneficiary pays, (P4) ability, (P5) self-help, (P6) limited responsibility for the worst off, and (P7) status quo preservation. It was found that all the basic principles, but P1, P3, and P7, are to some extent translatable to local climate adaptation. Two major problems hamper their usefulness on the local level: (1) several categories of agents need to take on responsibility; and (2) emissions do not work as a base for all principles. P4, P5, and P6 are applicable to local adaptation without changes. P4 is of particular importance as it seems to solve the first problem. P2 is applicable only if the second problem is solved, which can be achieved by using risk of harm instead of emissions as the basis for desert. (shrink)

Liberalism faces a tension between its commitment to minimal interference with individual liberty and the urgent need for strong collective action on global climate change. This paper attempts to resolve that tension. It does so on the one hand by defending an expanded model of collective moral responsibility, according to which a set of individuals can be responsible, qua ?putative group?, for harm resulting from the predictable aggregation of their individual acts. On the other, it defends a collectivized version (...) of the harm principle. The claim is that the collectivized principle pushes the burden of argument, against coercively enforced measures to curtail climate change and compensate its victims, onto the global elite collectively responsible for environmental harms. Some such potential arguments are briefly considered and rejected. (shrink)

This paper examines the role of clinical practitioners and clinical researchers internationally in establishing the utility of harm-reduction approaches to substance use. It thus illustrates the potential for clinicians to play a pivotal role in health promoting structural interventions based on harm-reduction goals and public health models. Popular media images of drug use as uniformly damaging, and abstinence as the only acceptable goal of treatment, threaten to distort clinical care away from a basis in evidence, which shows that (...) some ways of using drugs are far more harmful than others and that punitive approaches and insistence on total abstinence as the only goal of treatment often increases the harms of drug use rather than reducing drug use. Therefore the leadership and scientific authority of clinicians who understand the health impact of harm-reduction strategies is needed. Through a review of harm-reduction interventions in Canada, the United Kingdom, the United States, Australia, Switzerland, and the Netherlands, we identify three ways that clinicians have helped to achieve a paradigm shift from punitive approaches to harm-reduction principles in clinical care and in drug policy: through clinical research to provide data establishing the effectiveness and feasibility of harm-reduction approaches, by developing innovative clinical programmes that employ harm reduction, and thereby changing the standard of care to include routine use of these evidence-based approaches in their practices. We argue that through promotion of harm-reduction goals and methods, clinicians have unique opportunities to improve the health outcomes of vulnerable populations. (shrink)

Retributivism is currently a keenly debated theory of punishment. In this volume, the contributors explore its various dimensions including its implications for sentencing and evaluate it against utilitarian options. Content: Jean Hampton: An Expressive Theory of Retribution u Brian Slattery: The Myth of Retributive Justice u Tim Dare: Retributivism, Punishment and Public Values u Anthony Duff: Alternatives to Punishment - or Alternative Punishments u Jerome Bickenbach: Duff on Non-Custodial Punishment u Sandra Marshall: Harm and Punishment in the Community. (Franz (...) Steiner 1992). (shrink)

The purpose of this paper is to shed light on what liberal states should tolerate outside their borders. This requires definitions of `liberalism, ́ `toleration, ́ and `state. ́ In the first section of this paper, I briefly indicate how I use those and other terms necessary to the discussion and introduce the normative principle I take liberals to be committed to. In the second section, I continue clearing the path for the rest of my discussion. In the rest (...) of the paper, I draw conclusions about what liberals should tolerate outside their state that I believe follow from the proffered definitions and principles. I limit myself to interference aimed at providing humanitarian aid, but do so in a way that is meant to provide resources for thinking about other sorts of interventions. In the third section, I consider humanitarian interventions done with the permis- sion of the other state and will point toward a toleration-based view; here we are really talking about non-toleration of suffering. In the fourth section, I consider humanitarian interventions done without the permission of the other state; here we are talking about non-toleration of a state that harms its residents. I consider an objection in section five. (shrink)

How do civilians react to being harmed in war? Existing studies argue that civilian casualties are strategically costly because civilian populations punish a belligerent who kills civilians and support the latter's opponent. Relying on eighty-seven semi-structured interviews with victims of coalition attacks in Afghanistan, this article shows that moral principles inform civilians’ attitudes toward their own harming. Their attitudes may therefore vary with the perceived circumstances of an attack. Civilians’ perception of harm as unintended and necessary, in accordance with (...) the moral principles of distinction and necessity, was associated with narratives that cast an attack as relatively more legitimate and with a partial or full release of the coalition from blame. The principle of proportionality, which requires that civilian casualties are caused in pursuit of a legitimate war aim, informed their abstract attitudes toward civilian casualties in Afghanistan. Two rules of international law, which accord with the moral principles of distinction and necessity, were reflected in the civilians’ attitudes. The legal rule of proportionality, which diverges from the namesake moral principle, failed to resonate with the civilians. The article explores whether compliance with the legal rules of distinction and necessity can contribute to mitigating the strategic costs of civilian casualties. (shrink)

This paper examines the role of clinical practitioners and clinical researchers internationally in establishing the utility of harm-reduction approaches to substance use. It thus illustrates the potential for clinicians to play a pivotal role in health promoting structural interventions based on harm-reduction goals and public health models. Popular media images of drug use as uniformly damaging, and abstinence as the only acceptable goal of treatment, threaten to distort clinical care away from a basis in evidence, which shows that (...) some ways of using drugs are far more harmful than others and that punitive approaches and insistence on total abstinence as the only goal of treatment often increases the harms of drug use rather than reducing drug use. Therefore the leadership and scientific authority of clinicians who understand the health impact of harm-reduction strategies is needed. Through a review of harm-reduction interventions in Canada, the United Kingdom, the United States, Australia, Switzerland, and the Netherlands, we identify three ways that clinicians have helped to achieve a paradigm shift from punitive approaches to harm-reduction principles in clinical care and in drug policy: through clinical research to provide data establishing the effectiveness and feasibility of harm-reduction approaches, by developing innovative clinical programmes that employ harm reduction, and thereby changing the standard of care to include routine use of these evidence-based approaches in their practices. We argue that through promotion of harm-reduction goals and methods, clinicians have unique opportunities to improve the health outcomes of vulnerable populations. (shrink)

When is it appropriate to harm a single person to help multiple others? Psychologists have investigated this question through the study of hypothetical “trolley” dilemmas involving extreme physical harm life-or-death situations that contrast outcome-focussed, consequentialist moral reasoning with principle-focussed, deontological moral reasoning. The present studies investigate whether participants’ preference for consequentialism generalises across domains. We administered traditional physical harm dilemmas as well as a trolley-type dilemma involving monetary harm. Across four studies (N = 809), an (...) internal meta-analysis demonstrated that participants’ responses to the traditional dilemmas predicted their responses to the monetary dilemma. Additionally, previous research has uncovered that primary psychopathy predicts consequentialist responses on physical harm dilemmas. The current work uncovers that this association does not generalise to monetary harm dilemmas, suggesting that the association between primary psychopathy and consequentialist reasoning is not related to consequentialist reasoning per se, but to the idiosyncrasies of traditional harm-centric trolley dilemmas instead. (shrink)

ABSTRACT The ethical aspects of placebo control in clinical trials have been extensively and controversially debated in the last decade. However, a thorough analytical comparison of the different existing international regulations, their terminologies and their ethical principles concerning placebo, is still missing. The central issue in the ongoing controversy is the justification of placebo‐use, if proven treatment exists. All present versions of the examined guidelines propose such justifications, but each guideline differs from the others in relevant details. Therefore the (...) conditions justifying placebo‐use according to each guideline are the focus of our attention. We will first propose a formalized general principle that defines the ethical acceptability of placebo‐use. Then we will analyse three categories of conditions put forward by the different documents: the risk of harm or burden, compelling scientific reasons, and the availability of proven treatment. The analysis shows important normative discrepancies and contradictions between the examined guidelines. Especially striking is the fact that some guidelines allow the participants in clinical trials to be exposed to a risk of serious harm, while others do not. Finally, we try to show how the normative difference of each guideline could influence the decision of researchers or IRBs concerning the ethical acceptabililty of placebo‐use. (shrink)

The ethical aspects of placebo control in clinical trials have been extensively and controversially debated in the last decade. However, a thorough analytical comparison of the different existing international regulations, their terminologies and their ethical principles concerning placebo, is still missing. The central issue in the ongoing controversy is the justification of placebo‐use, if proven treatment exists. All present versions of the examined guidelines propose such justifications, but each guideline differs from the others in relevant details. Therefore the conditions (...) justifying placebo‐use according to each guideline are the focus of our attention. We will first propose a formalized general principle that defines the ethical acceptability of placebo‐use. Then we will analyse three categories of conditions put forward by the different documents: the risk of harm or burden, compelling scientific reasons, and the availability of proven treatment. The analysis shows important normative discrepancies and contradictions between the examined guidelines. Especially striking is the fact that some guidelines allow the participants in clinical trials to be exposed to a risk of serious harm, while others do not. Finally, we try to show how the normative difference of each guideline could influence the decision of researchers or IRBs concerning the ethical acceptabililty of placebo‐use. (shrink)

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

Economic sanctions are a primary tool the US government and international organizations use to promote human rights abroad, yet they have proven to be largely ineffective and harmful to civilians. There is accumulating evidence that this paradox may be explained by the expressive purposes of sanctions and domestic politics. This article further explores these explanations by examining human rights sanction policy debates. Specifically, I analyzed 27 US Congressional hearings on human rights policy toward China. I argue that moral pressure (...) enabled support for human rights sanctions, high costs fueled opposition to them, and discussions of effectiveness were marginal to the debate. The findings contribute to past studies by identifying the psychological and sociological mechanisms by which legislators circumvent arguments of sanction ineffectiveness and harmfulness and delineating the role of business, human rights, and ethnic interest groups in enabling and constraining support for human rights sanctions. (shrink)

We analyse the implications of classical liberal and libertarian approaches for distributive justice in the context of social welfare orderings. We study an axiom capturing a liberal non-interfering view of society, the Weak Harm Principle, whose roots can be traced back to John Stuart Mill. We show that liberal views of individual autonomy and freedom can provide consistent foundations for welfare judgements. In particular, a liberal non-interfering approach can help to adjudicate some fundamental distributive issues relative to intergenerational (...) justice. However, a strong relation is established between liberal views of individual autonomy and non-interference, and egalitarian principles in the Rawlsian tradition. (shrink)

The precautionary principle is an emerging principle of international law but has only recently been proposed in North America as a new basis for environmental policy. On the surface it is a simple, common-sense proposition: in the face of possible harm, exercise precaution. But the enthusiasm the principle has stirred among public advocates suggests it has a deeper appeal. It is, in fact, based on values related to “forecaring for life” and the natural world. The (...) principle cannot effectively be invoked without stating these values up front. The principle makes it clear that decisions and developments in science and technology are based first of all on values and only secondarily on scientific and technological fact and process. Moreover, a precautionary approach is best carried out in the context of goals that embody the values of communities and societies. (shrink)

This article revisits a principle of distributive justice accepted by most, if not all, scholars of climate justice. The principle at stake, the limit, protects those who are very badly off from bearing the costs of climate change mitigation. The persistent noncompliance of developed states with their obligations toward burden sharing, however, means that this principle is increasingly in tension with successful climate change mitigation, given it seems to require that those in poverty have continued access to (...) emissions in cases where alternative forms of energy are not provided. In the first half of the paper I outline this tension and show how the dominant expression of the limit in the literature, advanced by Henry Shue, must be abandoned. I argue that any attempt to articulate the limit in current circumstance, where the carbon budget is very scarce, must consider the climate harm associated with continued subsistence emissions. The second half of the article defends a principle, the exemption, which is best able to maintain the strong commitment to shielding those below the minimal threshold from the costs of mitigation, even in light of the potential harm that will result if they require emissions to fuel their energy needs. (shrink)

At the outset of World War I - the "Great War" - Freud supported the Austro-Hungarian Empire for which his sons fought. But the cruel truths of that bloody conflict, wrought on the psyches as much as the bodies of the soldiers returning from the battlefield, caused him to rethink his stance and subsequently affected his theory: Psychoanalysis, a healing science, could tell us much about both the drive for war and the ways to undo the trauma that war inherently (...) breeds, but its principles could just as easily serve the enemy's desires to inculcate its own brand of "truth." Even a century later, psychoanalysis can still be used as much for the justifications of warfare and propaganda as it is for the defiance of and resistance to those same things. But it is in the investigation of the motives and methods behind these uses that psychoanalysis proves its greatest strength. To wit, this edited collection presents published and unpublished material by analysts, writers, and activists who have worked at the front lines of psychic life and war from various stances. Set at a point of tension and contradiction, they illustrate the paradoxical relation of psychoanalysis as both a site of resistance and healing and a necessary aspect of warmaking, propaganda, and militarism. In doing so, we venture from the home front - from the trauma of returning veterans to the APA's own complicity in CIA "black sites" - across international borders - from the treatment of women in Latin American dictatorships to the resistance to occupation in Palestine, from mind control to an ethics of responsibility. Throughout, a psychoanalytic sensibility deconstructs the very opposition that it inhabits, and seeks to reestablish psychoanalysis as the healing discipline it was conceived to be. (shrink)

According to the Harm Principle, roughly, the state may coerce a person only if it can thereby prevent harm to others. Clearly, this principle depends crucially on what we understand by harm. Thus, if any sort of negative effect on a person may count as a harm, the Harm Principle will fail to sufficiently protect individual liberty. Therefore, a more subtle concept of harm is needed. I consider various possible conceptions and (...) argue that none gives rise to a plausible version of the Harm Principle. Whether we focus on welfare, quantities of welfare or qualities of welfare, we do not arrive at a plausible version of this principle. Instead, the concept of harm may be moralized. I consider various ways this may be done as well as possible rationales for the resulting versions of the Harm Principle. Again, no plausible version of the principle turns up. I also consider the prospect of including the Harm Principle in a decision-procedure rather than in a criterion of rightness. Finally, in light of my negative appraisal, I briefly discuss why this principle has seemed so appealing to liberals. (shrink)

Background Ethics committees typically apply the common principles of autonomy, nonmaleficence, beneficence and justice to research proposals but with variable weighting and interpretation. This paper reports a comparison of ethical requirements in an international cross-cultural study and discusses their implications. Discussion The study was run concurrently in New Zealand, UK, Israel, Canada and USA and involved testing hypotheses about believability of testimonies regarding alleged child sexual abuse. Ethics committee requirements to conduct this study ranged from nil in Israel to (...) considerable amendments designed to minimise participant harm in New Zealand. Assessment of minimal risk is a complex and unreliable estimation further compounded by insufficient information on probabilities of particular individuals suffering harm. Estimating potential benefits/ risks ratio and protecting participants' autonomy similarly are not straightforward exercises. Summary Safeguarding moral/humane principles should be balanced with promotion of ethical research which does not impede research posing minimal risk to participants. In ensuring that ethical standards are met and research has scientific merit, ethics committees have obligations to participants (to meet their rights and protect them from harm); to society (to ensure good quality research is conducted); and to researchers (to treat their proposals with just consideration and respect). To facilitate meeting all these obligations, the preferable focus should be promotion of ethical research, rather than the prevention of unethical research, which inevitably results in the impediment of researchers from doing their work. How the ethical principles should be applied and balanced requires further consideration. (shrink)

For many years the prevailing paradigm for medical decision making for children has been the best interest standard. Recently, some authors have proposed that Mill’s “harm principle” should be used to mediate or to replace the best interest standard. This article critically examines the harm principle movement and identifies serious defects within the project of using Mill’s harm principle for medical decision making for children. While the harm principle proponents successfully highlight some (...) difficulties in present-day use of the best interest standard, the use of the harm principle suffers substantial normative and conceptual problems. A medical decision-making framework for children is suggested, grounded in the four principles. It draws on the best interest standard, incorporates concepts of harm, and provides two questions that can act as guide and limit in medical decision making for children. (shrink)

One of the most commonplace worries about humanitarian intervention relates to the perverse incentives that it might create, or the adverse reactions that it might provoke. For instance, it is sometimes said that by weakening the norm of sovereignty humanitarian intervention can encourage unscrupulous states to wage aggressive wars of self-interest using human rights as a pretense. It is feared, in other words, that humanitarian intervention—even when it has the purest motives—might ultimately do more harm than good by inciting (...) unwanted reactions from other states or substate groups. I will refer to these kinds of knock-on effects as the mediated consequences of intervention. They are brought about via the interceding agency of parties other than the intervener. It is generally assumed that when judging the proportionality of a humanitarian intervention, these consequences must be factored into the equation. If an intervention is expected to provoke adverse reactions the accumulated costs of which will outweigh the benefits that the intervention will deliver, then the intervention is thought to be disproportional and, therefore, unjustified. I want to challenge this assumption. I begin by considering what the principle of proportionality can reasonably demand of rebels who are defending their own basic rights against an oppressive government. I argue that a rebellion in such circumstances cannot plausibly be rendered impermissible solely by the expectation of negative mediated consequences, even when those consequences outweigh the anticipated benefits of the rebellion. This would seem to imply that rebels may discount mediated consequence from the proportionality calculus. But if this is so, do we have sound reasons for withholding the same prerogative from humanitarian interveners pursuing similar ends and using similar means? Can we justify asymmetric standards of proportionality? (shrink)

This article explores the implications of the Harm Principle, modified to accommodate recent criticisms by Arthur Ripstein, for theories of distributive justice. It concludes that the resulting Sovereignty Principle leads to a left-libertarian theory of justice that is based not on egalitarianism but rather on considerations internal to the Principle itself. This theory avoids criticisms of incoherence that have been rightly applied to other recent versions of left-libertarianism, and supports a requirement of substantial redistribution without necessarily (...) precluding further redistribution for reasons other than those of justice. (shrink)

Doctors, nurses, and pharmacists who refuse on grounds of conscience to participate in certain legal, expected, and standard practices have been accused of unprofessionally introducing their personal views into medicine. My first response is that they often are not engaging in conscientious objection because that involves invoking convictions external to those of the medical community. I contend that medicine, properly construed, is pathocentric, and so refusing to induce a pathology via abortion, contraception, euthanasia, etc., is actually being loyal to the (...) internal morality of medicine. My second response is that even if such refusals are best considered conscientious objection, there is still no personal hijacking of medicine. Doctors refusing to induce pathologies need not refuse qua Christian, but can do so qua doctor. A pathocentric account of medicine provides a principled way of distinguishing conscientious objection from religious, idiosyncratic, and bigoted refusals. Patients’ refused pathology-inducing procedures are not medically harmed. (shrink)

Hugh LaFollette proposed parental licensing in 1980 (and 2010)--not as a requirement for pregnancy, but for raising a child. If you have a baby, are not licensed, and do not get licensed, the baby would be put up for adoption. Despite the intervention required in an extremely personal area of life, I argue that those who endorse the harm principle ought to endorse parental licensing of this sort. Put differently, I show how the harm principle strengthens (...) the case for parental licensing. (shrink)

Ethics should guide the design of electronic health records (EHR), and recognized principles of bioethics can play an important role. This approach was adopted recently by a team of informaticists designing and testing a system where patients exert granular control over who views their personal health information. While this method of building ethics in from the start of the design process has significant benefits, questions remain about how useful the application of bioethics principles can be in this process, especially when (...) principles conflict. For instance, while the ethical principle of respect for autonomy supports a robust system of granular control, the principles of beneficence and non-maleficence counsel restraint due to the danger of patients being harmed by restrictions on provider access to data. Conflict between principles has long been recognized by ethicists and has even motivated attacks on approaches that state and apply principles. In this paper we show how using ethical principles can help in the design of EHRs by first, explaining how ethical principles can and should be used generally, and then by, discuss how attention to details in specific cases can show that the tension between principles is not as bad as it initially appeared. We conclude by suggesting further ways in which the application of these (and other) principles can add value to the ongoing discussion of patient involvement in their health care. This is a new approach to linking principles to informatics design that we expect will stimulate further interest. (shrink)

In this paper, I defend what may seem a surprising view: that John Stuart Mill’s famous harm principle would, if taken to be what justifies government action, disallow the existence of corporations. My claim is not that harmful activities of currently existing corporations warrants their losing corporate status according to the harm principle. The claim, rather, is that taken strictly, the harm principle and the legal possibility of incorporation are mutually exclusive. This view may (...) be surprising—and I do not at all mean to attribute it to Mill—but if I am right, it should be obvious. It should also encourage us to think more about the nature of the markets within which business occurs. (shrink)

Effective infectious disease control may require states to restrict the liberty of individuals. Since preventing harm to others is almost universally accepted as a legitimate (prima facie) reason for restricting the liberty of individuals, it seems plausible to employ a mid‐level harm principle in infectious disease control. Moral practices like infectious disease control support – or even require – a certain level of theory‐modesty. However, employing a mid‐level harm principle in infectious disease control faces at (...) least three problems. First, it is unclear what we gain by attaining convergence on a specific formulation of the harm principle. Likely candidates for convergence, a harm principle aimed at preventing harmful conduct, supplemented by considerations of effectiveness and always choosing the least intrusive means still leave ample room for normative disagreement. Second, while mid‐level principles are sometimes put forward in response to the problem of normative theories attaching different weight to moral principles, employing a mid‐level harm principle completely leaves open how to determine what weight to attach to it in application. Third, there appears to be a trade‐off between attaining convergence and finding a formulation of the harm principle that can justify liberty‐restrictions in all situations of contagion, including interventions that are commonly allowed. These are not reasons to abandon mid‐level theorizing altogether. But there is no reason to be too theory‐modest in applied ethics. Morally justifying e.g. if a liberty‐restriction in infectious disease control is proportional to the aim of harm‐prevention, promptly requires moving beyond the mid‐level harm principle. (shrink)