The American Medical Association enacted its Code of Ethics in 1847, the first such national codification. In this volume, a distinguished group of experts from the fields of medicine, bioethics, and history of medicine reflect on the development of medical ethics in the United States, using historical analyses as a springboard for discussions of the problems of the present, including what the editors call "a sense of moral crisis precipitated by the shift from a system of fee-for-service medicine to a (...) system of fee-for-system medicine, better known as 'managed care.'" The authors begin with a look at how the medical profession began to consider ethical issues in the 1800s and subsequent developments in the 1900s. They then address the sociological, historical, ethical, and legal aspects of the practice of medicine. Later chapters discuss current and future challenges to medical ethics and professional values. Appendixes display various versions of the AMA's Code of Ethics as it has evolved over time. Contributors: George J. Annas, J.D., M.P.H., Arthur Isak Applbaum, Ph.D., Robert B. Baker, Ph.D., Chester R. Burns, M.D., Ph.D., Arthur L. Caplan, Ph.D., Alexander Morgan Capron, J.D., Christine K. Cassel, M.D., Linda L. Emanuel, M.D., Ph.D., Eliot L. Freidson, Ph.D., Albert R. Jonsen, Ph.D., Stephen R. Latham, J.D., Ph.D., Susan E. Lederer, Ph.D., Florencia Luna, Ph.D., Edmund D. Pellegrino, M.D., Charles E. Rosenberg, Ph.D., Mark Siegler, M.D., Rosemary A. Stevens, Ph.D., Robert M. Tenery, Jr., M.D., Robert M. Veatch, Ph.D., John Harley Warner, Ph.D., Paul Root Wolpe, Ph.D. (shrink)

Advertising by health care institutions has increased steadily in recent years. While direct-to-consumer prescription drug advertising is subject to unique oversight by the Federal Drug Administration, advertisements for health care services are regulated by the Federal Trade Commission and treated no differently from advertisements for consumer goods. In this article, we argue that decisions about pursuing health care services are distinguished by informational asymmetries, high stakes, and patient vulnerabilities, grounding fiduciary responsibilities on the part of health care providers and health (...) care institutions. Using examples, we illustrate how common advertising techniques may mislead patients and compromise fiduciary relationships, thereby posing ethical risks to patients, providers, health care institutions, and society. We conclude by proposing that these risks justify new standards for advertising when considered as part of the moral obligation of health care institutions and suggest that mechanisms currently in place to regulate advertising for prescription pharmaceuticals should be applied to advertising for health care services more broadly. (shrink)

I gratefully acknowledge and respond here to four reviews of my recent book, Cosmology from Alpha to Omega. Nancey Murphy stresses the importance of showing consistency between Christian theology and natural science through a detailed examination of my recent model of their creative interaction. She suggests how this model can be enhanced by adopting Alasdair MacIntyre's understanding of tradition in order to adjudicate between competing ways of incorporating science into a wider worldview. She urges the inclusion of ethics in my (...) model and predicts that this would successfully challenge the competing naturalist tradition in contemporary society. John F. Haught weighs the alternatives of viewing divine action as objective versus subjective and of divine action at one level in nature or at all levels. He asks whether physics is fundamental to nature, arguing instead that metaphysics should be considered as fundamental. Michael Ruse assesses occasional versus universal divine action, the problems raised to divine action when it is related to quantum mechanics, and the way these relations exacerbate the challenge of natural theodicy. As an alternative he suggests viewing God as outside time and acting through unbroken natural law. Willem B. Drees discusses my use of the bridge metaphor for the relation between theology and science, the implications when science is inspired by theology, the role of contingency and necessity in the anthropic principle/many-worlds debate, and the challenge of cosmology to eschatology with the ensuing problem of theodicy. (shrink)

This book will help professions and professionals to identify their contribution to society and to understand the argument in which they must engage if they are to justify their conduct. Because of their specialized expertise and power, the task is both difficult and pressing. The work is divided into two parts. Part 1 discusses the concepts 'ethics' and 'professional conduct', indicating their dimensions and contested nature. In each case, following examination and analysis of relevant literature, a conceptual framework or (...) model is proposed for locating instances of, in turn, ethics and professional conduct. In Part 2, the model of ethical choice is used to discuss the ethical justification of professional conduct in the various forms, locations, and stages provided by its social setting. In this way, it provides grounding arguments for relevant action by professionals and others dealing with professionals. The book concludes with a proposal for a national standing commission on the professions. (shrink)

In this paper, I respond to criticisms by John Harris, contained in a commentary on my article “Harris, harmed states, and sexed bodies”, which appeared in the Journal of Medical Ethics, volume 37, number 5. I argue that Harris's response to my criticisms exposes the strong eugenic tendencies in his own thought, when he suggests that the reproductive obligations of parents should be determined with reference to a claim about what would enhance ‘society’ or ‘the species’.

Johnson and Stricker published an opinion piece in the Journal of Medical Ethics presenting their perspective on the 2008 agreement between the Infectious Diseases Society of America (IDSA) and the Connecticut Attorney General with regard to the 2006 IDSA treatment guideline for Lyme disease. Their writings indicate that these authors hold unconventional views of a relatively common tick-transmitted bacterial infection caused by the spirochete Borrelia burgdorferi. Therefore, it should come as no surprise that their opinions would clash with the (...) IDSA's evidence-based guidelines for the diagnosis and treatment of Lyme disease. Their allegations of conflict of interest against the IDSA resemble those made against the National Institutes of Health, the Food and Drug Administration and the Centers for Disease Control and Prevention in 2000, which were found to be baseless. It is the responsibility of all physicians and medical scientists to stand up to antiscientific, baseless and unethical attacks on those who support an evidence-based approach to caring for patients. (shrink)

To what extent does John Rawls’ theory of international justice meet the normative challenges posed by climate change? There are two broadly compatible Rawlsian ways of addressing climate change. The first alternative is based on the two principles that Rawls applies to the domains of international and intergenerational justice. The second alternative starts from Rawls’ general theory of international justice, in particular his idea of a Society of Peoples, which is an idealized vision of a peaceful and stable (...) association of peoples that are internally well-ordered, and share a desire to respect and uphold international law. Given the statutes peoples are willing to observe, the defining characteristics of peoples, and the fact that Rawls indicates that his own rendering of international law is incomplete, there may be grounds for proposing an additional statute, or an amendment, to The Law of Peoples, that pertains to climate change and that does not contradict, but rather follows from, the general framework of the theory. The latter alternative provides a more viable account of climate justice than critics has hitherto acknowledged. (shrink)

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

The first major collection of Boyle’s writings to be published since Thomas Birch’s eighteenth-century edition of his works presents material hitherto available only in the archives of the Royal Society. This edition of Boyle’s _Aretology _ and other moral essays from the late 1640s offers the intellectual and religious origins of Boyle’s most vital themes. John T. Harwood also includes two essays on moral topics, "Of Sin" and "Of Piety"; a sample of Boyle’s private meditations, "Joseph’s Mistress"; a (...) short essay, "Of Time and Idleness"; and two guides to private meditation, "The Dayly Reflection" and "Of Thoughts." Harwood concludes the volume with a previously unpublished account of about seven hundred books in Boyle’s library at the time of his death. (shrink)

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

Many have claimed that ceteris paribus (CP) laws are a quite legitimate feature of scientific theories, some even going so far as to claim that laws of all scientific theories currently on offer are merely CP. We argue here that one of the common props of such a thesis, that there are numerous examples of CP laws in physics, is false. Moreover, besides the absence of genuine examples from physics, we suggest that otherwise unproblematic claims are rendered untestable by the (...) mere addition of the CP operator. Thus, “CP all Fs are Gs” when read as a straightforward statement of fact, cannot be the stuff of scientific theory. Rather, we suggest that when ``ceteris paribus'' appears in scientific works it plays a pragmatic role of pointing to more respectable claims. (shrink)

Scholars have long debated the relationship between Kant’s doctrine of right and his doctrine of virtue (including his moral religion or ethico-theology), which are the two branches of his moral philosophy. This article will examine the intimate connection in his practical philosophy between perpetual peace and the highest good, between political and ethico-religious communities, and between the types of transparency peculiar to each. It will show how domestic and international right provides a framework for the development of ethical communities, (...) including a kingdom of ends and even the noumenal ethical community of an afterlife, and how the transparency and trust achieved in these communities is anticipated in rightful political society by publicity and the mutual confidence among citizens that it engenders. Finally, it will explore the implications of this synthesis of Kant’s political and religious philosophies for contemporary Kantian political theories, especially those of Jürgen Habermas and John Rawls. (shrink)

John Dewey ranks as the most influential of America's philosophers. That in fluence stems, in part, from the originality of his mind, the breadth of his in terests, and his capacity to synthesize materials from diverse sources. In addi tion, Dewey was blessed with a long life and the extraordinary energy to express his views in more than 50 books, approximately 750 articles, and at least 200 contributions to encyclopedias. He has made enduring intellectual contributions in all of the (...) traditional fields of philosophy, ranging from studies primarily of interest for philosophers in logic, epistemology, and metaphysics to books and articles of wider appeal in ethics, political philosophy, religion, aesthetics, and education. Given the extent of Dewey's own writings and the many books and articles on his views by critics and defenders, it may be asked why there is a need for any further examination of his philosophy. The need arises because the lapse of time since his death in 1952 now permits a new generation of scholars to approach his work in a different spirit. Dewey is no longer a living partisan of causes, sparking controversy over the issues of the day. He is no longer the advocate of a new point of view which calls into question the basic assump tions of rival philosophical schools and receives an almost predictable criticism from their entrenched positions. His works have now become classics. (shrink)

The role of intensity in Aristotelian philosophy is obscure. The problem has historically been approached through his logic and categorical sense of motion. Scholars have largely failed to consider the role of intensity in psychology and ethics, the consideration of which greatly clarifies the situation. To this end, I identify three types of intensity present in the corpus Aristotelicum: comparative, modal, inceptive. I show that the intensity of physical contraries is primary in nature but is different from those found in (...) organic processes. I then show that the intensifications found in life, produced by the soul, are of paramount importance to Aristotle’s philosophy. Inceptive intensity is the backbone of psychical activities: concoction, sensation, pleasure, perception, effort, attention, and self-awareness. I outline two essential characteristics of these intensifications: (1) they imply an intransitive causality that is intrinsic to the entity’s nature or form; (2) that they involve an interaction of many parts which mutually amplify each other so that the whole is beyond (irreducible to) the totality of the parts. I end by comparing Aristotle’s views on intensity to contemporary ideas of emergence: feedback, holism, intentionality, and supervenience. (shrink)

Artificial intelligence is becoming increasingly entwined with our daily lives: AIs work as assistants through our phones, control our vehicles, and navigate our vacuums. As these objects become more complex and work within our societies in ways that affect our well-being, there is a growing demand for machine ethics—we want a guarantee that the various automata in our lives will behave in a way that minimizes the amount of harm they create. Though many technologies exist as moral artifacts, the development (...) of a truly ethical AI system is highly contentious; theorists have proposed and critiqued countless possibilities for programming these agents to become ethical. Many of these arguments, however, presuppose the possibility that an artificially intelligent system can actually be ethical. In this essay, I will explore a potential path to AI ethics by considering the role of imagination in the deliberative process via the work of John Dewey and his interpreters, showcasing one form of reinforcement learning that mimics imaginative deliberation. With these components in place, I contend that such an artificial agent is capable of something very near ethical behavior—close enough that we may consider it so. (shrink)

John Rawls begins a Theory of Justice with the observation that 'Justice is the first virtue of social institutions, as truth is of systems of thought… Each person possesses an inviolability founded on justice that even the welfare of society as a whole cannot override'1. The COVID-19 pandemic has resulted in lock-downs, the restriction of liberties, debate about the right to refuse medical treatment and many other changes to the everyday behaviour of persons. The justice issues it raises (...) are diverse, profound and will demand our attention for some time. How we can respect the Rawlsian commitment to the inviolability of each person, when the welfare of societies as a whole is under threat goes to the heart of some of the difficult ethical issues we face and are discussed in this issue of the Journal of Medical Ethics. The debate about ICU triage and COVID-19 is quite well developed and this journal has published several articles that explore aspects of this issue and how different places approach it.2–5 Newdick et al add to the legal analysis of triage decisions and criticise the calls for respecting a narrow conception of a legal right to treatment and more detailed national guidelines for how triage decisions should be made.6 They consider scoring systems for clinical frailty, organ failure assessment, and raise some doubts about the fairness of their application to COVID-19 triage situations. Their argument seems to highlight instances of what is called the McNamara fallacy. US Secretary of Defense Robert McNamara used enemy body counts as a measure …. (shrink)

Intuitively we feel that we ought to (attempt) to save the lives, or ameliorate the suffering, of identifiableIdentifiable individuals where we can (Rulli and Millum, 2016, p. 261). But this comes at a price. It means that there may not be any resources to save the lives of others in similar situations in the future. Or worse, there may not be enough resources left to prevent others from ending up in similar situations in the future. This chapter asks whether this (...) is justifiable or whether we would be better served focusing on public health in the form of preventative medicine. It looks briefly at the supposed difference between benefiting individuals and benefiting populations by considering the difference between interventions aimed at ‘rescue’ and those which are preventative. It then considers the rule of rescueRule of rescue in the health care setting, and looks at some of the reasons stemming from this that we might have for allocating resources to rescue interventions. If these reasons do not provide adequate justification for preferring these types of interventions, then the implication is that our current mode of resource allocation may need to be revised in favour of a more public health-oriented model. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Introduction VIOLENCE AND INSTITUTION IN CHRISTIANITY Robert J. Daly, SJ. Boston College We need both to define our terms and to indicate whether we are using them in a normative or descriptive sense. Thus the question: "Is Christianity"—or, if you will—"Are the institutions of Christianity violent or nonviolent?" can be answered with either a Yes, or a No, or with anything in between, depending on the meaning we (...) attach to theterms "violence," "institution," and "Christianity" (Daly 1997, 321-43). When we speak normatively, or take Christianity and its institutions accordingto its best ideals, Christianity isessentially nonviolent. But when we speak descriptively, i.e., take Christianity according to what the institutions ofChristianity have actually done, and according to how those who call themselves Christian have actually acted, we can make the argument that Christianity is violent, ffanalogous distinctions can be made from within the other four traditions, this might offer a good starting point for discussion. Adapting to my purpose standard dictionary definitions, I understand violence to include in a broad way the justified or unjustified human exertion of internal or external power or force in order to achieve an injurious or abusive end, i.e., an end that is against the will, the good, or the interests of those who suffer it. (This includes all war and avoids, at least at the outset, arguments about whether a war is or can be a "just war.") I understand institution in its ordinary meaning of: any significant or established practice, relationship, structure, system, or organization in a society or culture. I understand Christianity also in its ordinary sense: the Roberti. Daly, SJ.5 religion which, derived from Jesus Christ, and based on the Bible, is professed by Eastern, Roman Catholic, and Protestant bodies. Now, to help set the background for our discussion, I will try to list and briefly describe, relative to this theme, some of the major aspects or "moments" of Christianity (or Christian History), and do this in an approximately diachronic or chronological order. Much of this will be descriptive, but I will not go out of my way to dissociate the descriptions from the effects of all normative claims. I.Violence and Institution in the History of Christianity [1] The biblical foundation of Christianity in the Hebrew Scriptures. [2]The pervasiveness of violence in the Bible. [3]The Christian Scriptures present themselves as a gospel of peace. [4]Jesus and nonviolence. [5]Early Christians and nonviolence. [6]The early Christians and the military. [7]The "Constantinian turn." [8]Caesaro-papism. [9]The relegation ofChristian pacifism to religious and monastic life. [10]The just war theory. [11]The medieval Christian taken-for-grantedness of violence. [12]The Crusades. [13]Medieval Christian peace movements [14]Christians and heretics. The Inquisition. See [11] above. [1 5]Christianity and the witches. See [U] above. [16]The Reformation. [17]The Radical Reformation and the Peace Churches. [18]St. Bartholomew's Day Massacre (August 1572). [19]The religious wars. [20]Absolutism. [21]Modernity. [22]The Quakers—Religious Society of Friends. [23]The Enlightenment and Modernity. [24]Christianity and world mission; Christianity and colonialism. [25]Slavery. [26]Christianity and the "war" against native cultures. [27]Christianity and the First World War. [28]The Second World War. [29]The Holocaust. 6 Violence and Institution in Christianity [30]Christianity and the modern peace movement. [31]Christians and the "seamless ethic of life." [32]Christianity and International Communism. [33]Liberation theology. [34]The liberation of women. [35]Christianity and the resurgence of tribal and nationalist violence. [36]Christianity and human rights. [1] The biblical foundation of Christianity in the Hebrew Scriptures. Christians and Jews have the same family origins. Since believing Christians no less than believing Jews accept and revere the Hebrew Scriptures as the inspired word of God, Christians and Jews are indeed, to paraphrase Pope John XXIII, siblings. There is, beyond this, fromJudaism to Christianity, a significant parent-child relationship. In recent years (but not early enough to have prevented the Holocaust), the main line churches ofChristianity have rejected the supersessionism (the doctrine that the Old Testament has been abrogated by the New Testament) that used to characterize Christian attitudes towards the Jews and that... (shrink)

I try in this essay to accomplish two things. First I offer some first thoughts toward a clarification of the ethical foundations of private property rights that avoids pitfalls common to more strictly Lockean theories, and is thus better prepared to address arguments posed by critics of standard private property arrangements. Second, I'll address one critical argument that has become pretty common over the years. While versions of the argument can be traced back at least to Pierre Joseph Proudhon, (...) I'll focus on a formulation given it by Jeremy Waldron. The basic idea is that the only sound arguments for private property rights lead to the conclusion that society has an obligation to insure that every citizen possess private property. In Waldron's formulation, what is justifiable is a general, rather than a special, right to private property. I shall try to suggest that this conclusion is unwarranted. (shrink)

I want to argue that in the modern world national cultures are distinctly different from one another, and although not homogeneous, are homogenizing: that is, each national society has a culture that, while allowing for difference, nonetheless presses in the direction of a single dominant profile. This is to put in more abstract terms the argument of Habits of the Heart that America has a first language, composed of two complementary aspects, utilitarian and expressive individualism, and also second languages, (...) namely biblical and civic Republican languages that have tended to get pushed to the margins.Already in the Introduction to the new paperback edition of Habits, my coauthors and I suggested that the individualism which is America's dominant cultural orientation was not solely derived from 18th century Utilitarianism and 19th century Romanticism, but had roots in both of our second languages as well. In my November, 1997, address to the American Academy of Religion, “Is There a Common American Culture?” I took the argument a step further, reaching almost to the point from which I want to start this paper. There I argued that beyond the homogenizing effect of television, education, and consumerism, and deeper even than utilitarian and expressive individualism, there was a still, small voice, a tiny seed, from which our current cultural orientation derives.Nestled in the very core of utilitarian and expressive individualism is something very deep, very genuine, very old, very American, something we did not quite see or say in Habits, and its core is religious. In Habits we quoted a famous passage in Toqueville's Democracy in America: “I think I can see the whole destiny of America contained in the first Puritan who landed on those shores.” Then we went on to name John Winthrop, following Tocqueville's own predilection, as the likeliest candidate for being that first Puritan. Now I am ready to admit, although regretfully, that we, and Tocqueville, were probably wrong. That first Puritan who contained our whole destiny might have been, as we also half intimated in Habits, Anne Hutchinson, but the stronger candidate, because we know so much more about him, is Roger Williams. (shrink)

Many of the same fundamental principles and regulations that govern civilian biomedical research also apply to research conducted by the US Military. Despite these similarities, the conduct of research by the US Military has additional requirements designed to preserve service members’ informed consent rights, ethical standards and information that may be deemed classified. Furthermore, there are also additional rules and regulations associated with potential research to be done in a combat setting. Before conducting battlefield research, many unique circumstances must (...) be considered to include: (1) the current legal and regulatory requirements for advanced informed consent (2) the tactical situations, and the ability to adequately document in the “austere” environment (3) the need to provide improved drugs and devices for combat casualty care and (4) the special nature of the superior-subordinate relationship. This paper discusses historical background, regulatory oversight, ethical implications and release of information as it pertains to research conducted by the US Military. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Isocrates and Civic EducationRobert G. SullivanIsocrates and Civic Education. Edited by Takis Poulakis and David Depew. Austin: University of Texas Press, 2004. Pp. x + 277. $50.00, hardcover.Henry Burrowes Lathrop, in his magisterial Translations from the Classics into English from Caxton to Chapman, adopted a distinctly apologetic tone for having included in that book a lengthy gloss of Isocrates' writings. He felt constrained to do so, noting, "This (...) fairly long exposition has been necessary, since Isocrates is little read nowadays." Well, of course, "nowadays" Isocrates is read a great deal, and he is generally considered to be one of the more important figures in the classical rhetorical tradition. There are a variety of reasons for the revival of Isocrates' fortunes; he has always been accepted as an exemplar of style, and has exerted strong influences in a number of historical eras, but he is seen increasingly as an original and significant rhetorical theorist. However, the strongest attraction to scholars of our era is the connection by Isocrates of two concepts, rhetorical discourse and civic education, in what he called hê tôn logôn padieia. At the nexus of these ideas is not merely a historically interesting aspect of classical rhetorical theory but an important link between rhetorical theory and political practice, of heightened importance to a democratic culture.The volume under consideration gathers some of the best informed contemporary scholars to address this confluence. The ten essays include work by classicists, philosophers, and rhetoricians, all of whom are working in an explicitly interdisciplinary posture. The volume is divided into five thematic sections, with two essays contributed on each of the themes, each pair addressing different aspects of Isocrates' notion of civic education.The first section addresses the shape and purpose of the Isocratean program of civic education. The central question addressed by these essays is fundamental. If we grant the generality that Isocrates has a program of civic education, what are the particular goals of his pedagogy? Simply put, what civic virtues can one expect to acquire from an education in the Isocratean system? For Josiah Ober the route to the answering of this question is a careful and extraordinarily interesting reading of Isocrates great apologia, Antidosis. Ober sees Isocrates attempting to develop in his students a "complex and integral identity" (39) that will allow them to remain both true to themselves and useful to the city, a careful blending of soul-craft and state-craft. Takis Poulakos focuses on the epistemological foundation of Isocratean practice by making a careful account of Isocrates' use of the term doxa. Poulakos does an excellent [End Page 174] job of cutting through the thicket of Isocratean nuance and correctly identifies the theoretically charged notion of doxa as being both the process and product of informed conjecture.The next six essays are, in essence, comparative, laying Isocratean concepts of civic virtue and pedagogy against those of the sophists, Aristotle, and Plato. John Poulakos deftly separates Isocrates' purposes and pedagaogy from the sophists Protagoras and Gorgias. Particularly striking is the distinction Poulakos draws between how Isocrates and the sophists conceived of the power of language. The sophists, having a "dynastic" conception of language, imagine that mastering rhetoric gives one direct access to tyranical power over the individual psyche. Isocrates, less sure of (or perhaps ethically nervous about) language's capacity for political witchcraft, adapts a "hegemonic" notion of logos as acivilizing force, a means of leadership toward good ends. Ekaterina Haskins contrasts the "playful iconoclasm" of Gorgias with the "political responsibility" of Isocrates (85) in the varying ways they make use of the mythopoetic tradition. Davis Konstans contributes an extremely interesting examination of important matters upon which Isocrates and Plato find themselves in agreement, notably the deficiencies of Athenian democracy and the preferred role of the intellectual in society. Konstans' position is very stimulating, if at first glance counterintuitive, as the greater part of modern scholarship has aimed to force these two figures into opposing camps. Kathryn Morgan also begins her essay by focusing on those things Plato and Isocrates agreed upon, noting that both were deeply dissatisfied with conventional civic education in Athens. From this, Morgan turns to... (shrink)

There is widespread agreement among political philosophers that there is a core set of civil and political liberties that ought to be given special protections by any state. In contrast, there is significant disagreement about whether (and which) economic liberties deserve the same level of protection and priority. To what extent should freedom in economic activities be protected by and from the government? To what extent is it justifiable for government to interfere with economic activities for the sake of equalizing (...) opportunities and protecting the welfare of society’s vulnerable? John Rawls famously held that only a narrow range of economic liberties are basic liberties deserving special protections, though he never offered a full defense of that claim. In _Free Market Fairness_ John Tomasi argued against Rawls, claiming it follows from Rawls’s own assumptions that we ought to protect a broad range of economic liberties as basic liberties. This paper attempts to provide the missing argument in favor of Rawls’s position in this debate and against Tomasi’s. First, I argue for a novel interpretation of Rawls’s criterion for basic liberties. Second, I use that interpretation to argue that Rawls was correct and consistent to exclude contract rights and productive property rights from the scheme of basic liberties. (shrink)

Abela and Murphy (J Acad Mark Sci 36(1):39–53, 2007 ) examined Service-Dominant (S-D) logic (Vargo and Lusch, J Mark 68(1):1–17, 2004 ) from the viewpoint of Marketing Ethics and concluded that whilst S-D logic does not have explicit ethical content, the Foundational Premises (FPs) of S-D logic do have implicit ethical content. They also conclude that what may be needed to make the implicit more explicit is the addition of another FP. The aim of this article is to (...) explore whether S-D logic needs to be modified, if one wishes to construct a theoretical framework for analysis of Marketing that has ethical considerations fully integrated. We critically evaluate the claim that the FPs are inherently ethical and conclude that S-D logic should be modified. We offer an additional FP for consideration that relates to the role of personal and societal values in the co-creation of value. This FP is necessary because of the role that the ethical positions of actors play in exchange behaviour. However, it should be pointed out that whilst the article explores the ethical potential of S-D logic it does not privilege any particular ethical position or code. These concerns will be addressed in subsequent articles: the aim here is to establish the underlying rationale for including an explicit commitment to ethics in S-D logic. (shrink)

Jecker et al. (2024) propose seven ethical principles to guide international bioethics conferencing, applying them to the selection of Qatar as the location for the 2024 World Congress of Bioethics...

Abstract:This paper offers an extended critique of the proliferation of talk and writing of business ethics in recent years. Following Levinas, it is argued that the ground of ethics lies in our corporeal sensibility to proximate others. Such moral sensibility, however, is readily blunted by a narcissistic preoccupation with self and securing the perception of self in the eyes of powerful others. Drawing upon a Lacanian account of the formation of the subject, and a Foucaultian account of the workings of (...) disciplinary power, it is then argued that the governance of the corporation is effected precisely through encouraging such a narcissistic preoccupation with the self. For the most part our narcissistic concerns are bound to ethically indifferent financial interests. But in recent years they have also been harnessed to the demand for environmental, social and ethical responsibility by the corporation. It is argued, however, that the desire to be seen to be ethical—the ethics of narcissus—is the obverse of “being responsible for.”. (shrink)

Disruptive societal changes following from emerging science and technology have recently led to a growing interest in developing ethical frameworks. Responsible Research and Innovation (RRI) is such a framework that aims to improve the relationship between science and society. Now a decade after its conceptualization, it still seems to suffer from conceptual unclarity and lack of implementation. Since responsibility in research and innovation practice remains as important as ever, we propose to revive the normative potential of RRI by (...) approaching it as a matter of collective democratic experimentation. To further develop this approach, we propose a pragmatist conceptualization inspired by John Dewey, his work on democracy as an ethical way of life and his attention to the contextual nature of responsibility. Furthermore, we show how his interest in social inquiring publics provides a particularly apt foothold from which to operationalize collective democratic experimentation with RRI. We will illustrate the utility of this approach, with specific attention to the social, experimental and public character of social inquiry, by connecting it to the recent call to use social labs methodology to experiment with RRI. From this we draw lessons for future collective democratic experimentation with responsibility in research and innovation practice. (shrink)

This article argues that we could improve the design of research protocols by developing an awareness of and a responsiveness to the social contexts of all the actors in the research enterprise, including subjects, investigators, sponsors, and members of the community in which the research will be conducted. ?Social context? refers to the settings in which the actors are situated, including, but not limited to, their social, economic, political, cultural, and technological features. The utility of thinking about social contexts is (...) introduced and exemplified by the presentation of a hypothetical case in which one central issue is limitation of the probability of injury to subjects by selection of individuals who are not expected to live long enough for the known risks of the study to become manifest as harms. Benefits of such considerations may include enhanced subject satisfaction and cooperation, community acceptance, and improved data quality, among other desirable consequences. (shrink)

In Neutrality and the Academic Ethic, distinguished philosopher Robert L. Simon explores the claim that universities can and should be politically neutral. He examines conceptual questions about the meaning of neutrality, distinguishes different conceptions of what neutrality involves, and considers in what sense, if any, institutional neutrality is both possible and desirable. In Part II, a collection of original and previously published essays provides different views on these and related issues.

A model of information technology (IT) ethical work climates is presented. Using these ethical work climates and data collected from a national mail survey of Association for Computing Machinery (ACM) members, empirical measures were developed and evaluated. A mailing of 2446 questionnaires was sent to ACM members and 136 usable responses were returned (5.6%). Using these data, an exploratory factor analysis was performed using principle components analysis to identify the IT ethical work climates from the data. Six (...) of these work climates were identified as predicted by the model. Two ethical work climates that were combinations of the proposed climates were also identified.From the results of the exploratory factor analysis, a confirmatory factor analysis was performed using Calis in PC SAS version 8. The purpose of this analysis was to evaluate the overall fit of these measures to the data and evaluate the psychometric properties of the measures. The fit of the IT ethical work climates model was acceptable. The psychometric properties of these measures were good. Based on these results, conclusions, limitations of the study, and directions for future research are proposed. (shrink)

The managerial ethics literature is used as a base for the inclusion of Ethical Attribution, as an element in the consumer's decision process. A situational model of ethical consideration in consumer behavior is proposed and examined for Personal vs. Vicarious effects. Using a path analytic approach, unique structures are reported for Personal and Vicarious situations in the evaluation of a seller's unethical behavior. An attributional paradigm is suggested to explain the results.

As mechanical restraints have never been proven effective in clinical practice, they should not be used routinely. They should be considered a non‐validated therapy requiring consent.

Creative accounting involves accountants in making accounting policy choices or manipulating transactions in such a way as to convey a preferred and deliberately chosen impression in the accounts. Although it is regarded as unethical by most observers, a defense of creative accounting can be based on the assumption that users of accounts can identify bias in accounting policy choices and make appropriate adjustments. In this paper we take the example of the Barcelona Football Club where the club management made three (...) key accounting policy choices that resulted in the presentation of a favourable position, and a supporters club presented an alternative report choosing three alternative accounting policies that presented an unfavourable position. We presented each of these financial reports to one of two groups of Spanish bank loan officers: we found that the more favourable set of accounts was significantly more likely to attract a positive response to a loan request. This result undermines the validity of defending creative accounting based on the argument that accounts users can identify manipulation. (shrink)

Creative accounting involves accountants in making accounting policy choices or manipulating transactions in such a way as to convey a preferred and deliberately chosen impression in the accounts. Although it is regarded as unethical by most observers, a defense of creative accounting can be based on the assumption that users of accounts can identify bias in accounting policy choices and make appropriate adjustments. In this paper we take the example of the Barcelona Football Club where the club management made three (...) key accounting policy choices that resulted in the presentation of a favourable position, and a supporters club presented an alternative report choosing three alternative accounting policies that presented an unfavourable position. We presented each of these financial reports to one of two groups of Spanish bank loan officers: we found that the more favourable set of accounts was significantly more likely to attract a positive response to a loan request. This result undermines the validity of defending creative accounting based on the argument that accounts users can identify manipulation. (shrink)

The aim of UK-REACH (“The United Kingdom Research study into Ethnicity And COVID-19 outcomes in Healthcare workers”) is to understand if, how, and why healthcare workers (HCWs) in the United Kingdom (UK) from ethnic minority groups are at increased risk of poor outcomes from COVID-19. In this article, we present findings from the ethical and legal stream of the study, which undertook qualitative research seeking to understand and address legal, ethical, and social acceptability issues around data protection, privacy, (...) and information governance associated with the linkage of HCWs’ registration data and healthcare data. We interviewed 22 key opinion leaders in healthcare and health research from across the UK in two-to-one semi-structured interviews. Transcripts were coded using qualitative thematic analysis. Participants told us that a significant aspect of Big Data research in public health is varying drivers of mistrust—of the research itself, research staff and funders, and broader concerns of mistrust within participant communities, particularly in the context of COVID-19 and those situated in more marginalised community settings. However, despite the challenges, participants also identified ways in which legally compliant and ethically informed approaches to research can be crafted to mitigate or overcome mistrust and establish greater confidence in Big Data public health research. Overall, our research indicates that a “Big Data Ethics by Design” approach to research in this area can help assure (1) that meaningful community and participant engagement is taking place and that extant challenges are addressed, and (2) that any new challenges or hitherto unknown unknowns can be rapidly and properly considered to ensure potential (but material) harms are identified and minimised where necessary. Our findings indicate such an approach, in turn, will help drive better scientific breakthroughs that translate into medical innovations and effective public health interventions, which benefit the publics studied, including those who are often marginalised in research. (shrink)

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

John Finnis is a pre-eminent legal, moral and political philosopher. This volume contains over 25 essays by leading international scholars of philosophy and law who critically engage with issues at the heart of Finnis's work.

In order to avoid the implication that ‘mitochondrial replacement techniques’ (MRT) would produce ‘three parent babies’, discourses around these techniques typically dismiss the contribution of the mitochondria to genetic parenthood and personal identity. According to many participants in debates about MRT, ‘real parenthood’ is a matter of contributing nuclear DNA, which in turn implies that men and women make the same contribution to the embryo. Even when the importance of the mitochondria is acknowledged, an emphasis on mitochondrial DNA still has (...) the effect of valorizing the role of DNA (and thus the paternal contribution to conception) at the expense of the role played by the cytoplasm of the oocyte in the development of the embryo and placenta, and that of the mother’s body in gestation. In this way, discourses around MRT falsely imply that what men and women contribute to reproduction and parenthood is the same—nuclear DNA—and thus erase the distinctive contribution that women make to conception. The potential of MRT to reconfigure relationships between the sexes in the service of patriarchal norms is perhaps one of the most significant things about it and should, we argue, be counted in the discussion of the ethical and policy implications of legitimating these procedures. (shrink)

Democratic theorists often place deliberative innovations such as citizen's panels, consensus conferences, planning cells, and deliberative polls at the center of their hopes for deliberative democratization. In light of experience to date, the authors chart the ways in which such mini-publics may have an impact in the “macro” world of politics. Impact may come in the form of actually making policy, being taken up in the policy process, informing public debates, market-testing of proposals, legitimation of public policies, building confidence and (...) constituencies for policies, popular oversight, and resisting co-option. Exposing problems and failures is all too easy. The authors highlight cases of success on each of these dimensions. (shrink)

Ethically significant consequences of artificially intelligent artifacts will stem from their effects on existing social relations. Artifacts will serve in a variety of socially important roles—as personal companions, in the service of elderly and infirm people, in commercial, educational, and other socially sensitive contexts. The inevitable disruptions that these technologies will cause to social norms, institutions, and communities warrant careful consideration. As we begin to assess these effects, reflection on degrees and kinds of social agency will be required to make (...) properly informed decisions concerning the deployment of artificially intelligent artifacts in important settings. The social agency of these systems is unlike a human social agency, and this paper provides a methodological framework that is more suited for inquiry into artificial social agents than conventional philosophical treatments of the concept of agency. Separate aspects and dimensions of agency can be studied without assuming that agency must always look like adult human agency. This revised approach to the agency of artifacts is conducive to progress in the topics studied by AI ethics. (shrink)

This monograph consists of five parts: (1) introductory material including a conference overview; (2) papers presented at an international symposium on the topic of ethical issues in disability and rehabilitation as a section of the Annual Conference of the Society for Disability Studies; (3) responses to the symposium, prepared by four of the participants; (4) selected additional papers which offer views from perspectives or cultures not represented at the Denver conference; and (5) an annotated international bibliography. Representatives from (...) 10 countries discussed ethical issues and decision making in disability and rehabilitation. Conference papers include: "Genetic Engineering--The New Eugenics? Evolving Medical Attitudes towards the Quality of Life" (Hugh Gallagher);"Description of the Decision-Making Project" (Daryl Evans); "Treatment and Nontreatment Decisions with Respect to Extremely Premature, Very Low Birthweight Infants (500-750g)" (Ernle Young); "Allocation of Resources and Distributive Justice" (John Mather); "Quality Assurance as an Aid to Ethical Decision Making in Disability Management: Lessons from Recent Ethical Issues Involving Disadvantaged Groups in New Zealand" (Peter Gow); "Disability and Ethical Issues: A Point of View from the Netherlands" (Yolan Koster-Dreese); "Who Shall Live or How Shall They Live? Consumer and Professional Perspectives on Treatment/Non-Treatment Decisions" (Joseph Kaufert and Patricia Kaufert); and "Debates across Social Movements on Reproductive Technologies, Genetic Engineering, and Eugenics" (Theresia Degener). Conference commentaries include: "The Meeting of Disability and Bioethics: A Beginning Rapprochement" (Adrienne Asch); "A Plea for More Dialogue: Commentary on Ethics Conference" (Robert Slater); "Healing Our Wounds" (Martha Lentz Walker); "Theories and Values: Ethics and Contrasting Perspectives on Disability" (Harlan Hahn); and "Current Example of Ethical Dilemma" (Susan Lacetti). Selected additional papers include: "High-tech Medicine Is Basic Care" (Frederick Abrams); "Prevention of Disabilities as a Medical Question" (G. Schioler); "The Ethics of Disability Prevention: A Parent's Point of View" (Mrs. J. Baker); "A Reference Matrix for Issues of Life and Personhood" (Mike Miles); "Nazi Scientists and Ethics of Today" (Isabel Wilkerson); "Ethical and Policy Issues in Rehabilitation Medicine (Hastings Center Report)" (Arthur Caplan et al.); and "Differing Approaches to Prevention of Disability and Treatment of Impaired Infants Creates Controversies Worldwide" (Barbara Duncan). (JDD). (shrink)

This article argues that we could improve the design of research protocols by developing an awareness of and a responsiveness to the social contexts of all the actors in the research enterprise, including subjects, investigators, sponsors, and members of the community in which the research will be conducted. “Social context” refers to the settings in which the actors are situated, including, but not limited to, their social, economic, political, cultural, and technological features. The utility of thinking about social contexts is (...) introduced and exemplified by the presentation of a hypothetical case in which one central issue is limitation of the probability of injury to subjects by selection of individuals who are not expected to live long enough for the known risks of the study to become manifest as harms. Benefits of such considerations may include enhanced subject satisfaction and cooperation, community acceptance, and improved data quality, among other desirable consequences. (shrink)