This volume gathers leading moral, legal, and political philosophers alongside theologians to examine John Finnis' work. The book offers the first sustained critical study of Finnis' contribution across the philosophy of rationality, legal and political philosophy, and theology. It includes a substantial response from Finnis himself in which he defends and develops his ideas.

Whether the law should permit voluntary euthanasia or physician-assisted suicide is one of the most vital questions facing all modern societies. Internationally, the main obstacle to legalisation has proved to be the objection that, even if they were morally acceptable in certain 'hard cases', voluntary euthanasia and physician-assisted suicide could not be effectively controlled; society would slide down a 'slippery slope' to the killing of patients who did not make a free and informed request, or for whom palliative care would (...) have offered an alternative. How cogent is this objection? This book provides the general reader with a lucid introduction to this central question in the debate, not least by reviewing the Dutch euthanasia experience. It will interest all in any country whether currently for or against legalisation, who wish to ensure that their opinions are better informed. (shrink)

Several contributions in the book show how these principles apply to contemporary problems and moral issues.

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.

When two Christian prelates as internationally prominent as Desmond Tutu and George Carey call for the legalization of euthanasia and physician-assisted suicide, their arguments merit close consideration. This article sets out and evaluates their arguments. It concludes that the prelates rehearse the superficial case regularly advanced by euthanasia campaigners and fail adequately to engage with the arguments, both principled and practical, against legalization.

Philip Reed’s interesting and welcome comparison of the expressivist case against, on the one hand, prenatal testing and abortion and, on the other, physician-assisted suicide and voluntary active euthanasia, indicates the relevance of the expressivist case against the latter and its resilience to criticisms of the expressivist case against the former. Advocates of PAS/VAE commonly argue that they should be lawful out of respect for autonomy: everyone has the right to choose a physician-hastened death if they meet specified conditions such (...) as ‘terminal illness’ or ‘unbearable suffering’. The focus on autonomy is distracting, for the real work of justifying PAS/VAE is done by the argument that life with the conditions specified is not ‘worth living’. Legalisation endorses, and expresses, the judgement that it is reasonable for people with those conditions to think their lives no longer worth living and obtain medical help to end them. Were the justification to respect autonomy, why limit the choice? It is small wonder, in light of the discriminatory nature of such a judgement, that disability groups have been outspoken opponents of legalisation. As society’s ‘canaries in the coalmine’ they have warned of the …. (shrink)

During the past four decades, the Netherlands played a leading role in the debate about euthanasia and assisted suicide. Despite the claim that other countries would soon follow the Dutch legalization of euthanasia, only Belgium and the American state of Oregon did. In many countries, intense discussions took place. This article discusses some major contributions to the discussion about euthanasia and assisted suicide as written by Nigel Biggar, Arthur J. Dyck, Neil M. Gorsuch, and John Keown. They share (...) a concern that legalization will undermine a society's respect for the inviolability and sanctity of life. Moreover, the Report of the House of Lords Select Committee on the Assisted Dying for the Terminally Ill Bill is analyzed. All studies use ethical, theological, philosophical, and legal sources. All these documents include references to experiences from the Netherlands. In addition, two recent Dutch documents are analyzed which advocate further liberalization of the Dutch euthanasia practice, so as to include infants and elderly people "suffering from life". (shrink)

In 1989, in the wake of the first operations to transplant fetal tissue into the brains of sufferers from Parkinson's Disease, the UK Code of Practice governing the use of the fetus for research was overhauled by an eminent committee under the chairmanship of the Reverend Dr John Polkinghorne. The Polkinghorne Report has, however, attracted remarkably little comment or analysis. This paper is believed to be the first to subject it to sustained ethical and legal scrutiny. The author concludes (...) that, although the committee's recommendations meet the major objections to the Code of Practice, the report is nevertheless vulnerable to criticism in its treatment of at least three issues: the moral status of the fetus; paternal consent to fetal use, and the ethical inter-relation of fetal use and abortion. (shrink)

In this Critical Notice of Emily Jackson and John Keown’s Debating Euthanasia , the respective lines of argument put forward by each contributor are set out and the key debating points identified. Particular consideration is given to the points each contributor makes concerning the sanctity of human life and whether slippery slopes leading from voluntary medically assisted dying to non-voluntary euthanasia would be established if voluntary medically assisted dying were to be legalised. Finally, consideration is given to the (...) positions adopted by the contributors in relation to the legalisation of voluntary medically assisted dying. (shrink)

In their book Debating Euthanasia, Emily Jackson and John Keown present respectively arguments in favour of and against the legalization of (some instances of) euthanasia and assisted suicide. Jackson advances a case based on a principled commitment to a secular, liberal legal system, arguing that obligations rooted in compassion require the careful development of laws to permit assisted dying. Keown defends the status quo, arguing that the law ought to sustain a prohibition against assisted dying, both out (...) of a principled commitment to the inviolability of life doctrine, and because satisfactory regulation will be impossible to draft. I question the strength of each author’s essay. Jackson, I argue, does not take sufficiently seriously the plausibility of secular moral objections to assisted dying. Keown, meanwhile, overstates the inviolability principle’s place in English law. Focusing particularly on Keown’s essay, I go on to consider the approach taken to ‘debating euthanasia’, and suggest that it betrays more about the direction of the public debate, and the fragility of ‘the case against’, than he would perhaps wish. (shrink)

This is a continuation of and a development of a debate between John Keown and me. The issue discussed is whether, in Britain, an unpaid system of blood donation promotes and is justified by its promotion of altruism. Doubt is cast on the notions that public policies can, and, if they can, that they should, be aimed at the promotion and expression of altruism rather than of self-interest, especially that of a mercenary sort. Reflections upon President Kennedy's proposition, (...) introduced into the debate by Keown, that we should ask not what our country can do for us but what we can do for our country is pivotal to this casting of doubt. A case is made for suggesting that advocacy along the lines which Keown presents of an exclusive reliance on a voluntary, unpaid system of blood donation encourages inappropriate attitudes towards the provision of health care. Perhaps, it is suggested, and the suggestion represents, on my part, a change of mind as a consequence of the debate, a dual system of blood provision might be preferable. (shrink)

Damien and John Keown claim that there is important common ground between Buddhism and Christianity on the issue of euthanasia and that both traditions oppose it for similar reasons in order to espouse a "sanctity of life" position. I argue that the appearance of consensus is partly created by their failure to specify clearly enough certain key notions in the argument: particularly Buddhism, euthanasia and the sanctity of life. Once this is done, the Keowns' central claims can be (...) seen to be either false or only restrictedly true. (shrink)

In 2002 the Netherlands and Belgium both adopted a law on euthanasia. In the Netherlands the law was a codification of a longstanding practice of condoning euthanasia. In Belgium it was a political novelty, without extended prior legal or medical discussion. The developments in the Netherlands and in Belgium will certainly give rise to debates in other countries. The Dutch example has already elicited international discussion. The Belgian policy is interesting because it shows that legalisation of euthanasia can be enacted (...) quite quickly in a country that has no longstanding tradition in this area. John Keown’s book is therefore timely. He has taken part in the debate on euthanasia for a decade and combines an analytic style with a thorough knowledge of the literature on euthanasia. Moreover, he takes a firm stand in the debate. The subtitle of the current book clearly shows Keown’s position. As a critique of legislation of euthanasia, his book is a challenge to the developments in the Netherlands and Belgium.In the first part of the book, Keown tries to clear away common confusions and misunderstandings in the debate by developing clear definitions. Euthanasia is defined as an intentional termination of life. Keown distinguishes between active euthanasia and termination of treatment with the intention to terminate life, or passive euthanasia . Euthanasia is either at the patient’s request, that is voluntary euthanasia , or without the patient’s request, that is non-voluntary euthanasia . Keown distinguishes between euthanasia and medical interventions that foresee the shortening of the patient’s life, but do not primarily aim to bring this about, with reference to the intention of the physician. According to Keown, intentions and foresights are different states of mind, which are morally distinct. …. (shrink)

I appreciate all of the commentaries for their careful and thoughtful engagement with my article. Because of limited space, I can only focus on some criticisms and cannot develop my responses as fully as I would like. This is probably best for the reader anyway. John Keown worries about the ‘dualism’ of the third objection against expressivism. By this I think he means that critics of the expressivist argument at the beginning of life view a certain class of (...) human beings as ‘non-persons’ and therefore not worthy of protection. Obviously, a pro-life stance will take issue with classifying the unborn as non-persons, as defenders of selective abortion and other biotechnologies do, but I did not think it relevant to get into the weeds on this issue. Keown claims that the worrisome dualism views those with intellectual disabilities, whether ‘newborns or adults’, as non-persons who lack a right not to be killed. However, I do not think defenders of either selective abortion or assisted suicide are committed to this. Many would insist that once you are born, you are a person and therefore cannot …. (shrink)

Questions about the dignity of the human person give rise to many of the most central and hotly disputed topics in bioethics. In _A Defense of Dignity: Creating Life, Destroying Life, and Protecting the Rights of Conscience_, Christopher Kaczor investigates whether each human being has intrinsic dignity and whether the very concept of "dignity" has a useful place in contemporary ethical debates. Kaczor explores a broad range of issues addressed in contemporary bioethics, including whether there is a duty of "procreative (...) beneficence," the ethics of ectopic pregnancy, and the possibility of "rescuing" human embryos with human wombs or artificial wombs. _A Defense of Dignity_ also treats issues relevant to the end of life, including physician-assisted suicide, provision of food and water to patients in a persistent vegetative state, and how to proceed with organ donation following death. Finally, what are the duties and prerogatives of health care professionals who refuse in conscience to take part in activities that they regard as degrading to human dignity? Should they be forced to do what they consider to be violations of the patient's well being, or does patient autonomy always trump the conscience of a health care professional? Grounded in the Catholic intellectual and moral tradition, _A Defense of Dignity_ argues that all human beings from the beginning to the end of their lives should be treated with respect and considers how this belief should be applied in controversial cases. "_A Defense of Dignity_ provides a skillful, informed, and clear philosophical analysis, from a natural law perspective, of a range of controversial, and sometimes complex, bioethical questions concerning the beginning and end of life. Few authors approach bioethics from a natural law perspective, and few do it as well as Christopher Kaczor. The book should be of interest not only to natural law philosophers and their students, but also to anyone interested in bioethics." —_John Keown, Georgetown University__ "Moral questions at the beginning and ending of life and controversies over liberty of conscience are among the most vexing and important issues of our day. Christopher Kaczor brings his characteristic moral seriousness and philosophical good sense to his treatment of these issues, all of which implicate the key concept of human dignity. This eminently readable collection will provide an invaluable resource for educators and students alike." — Christopher Tollefsen, University of South Carolina_ “Indispensable. Kaczor untangles the various meanings of human dignity to undertake a reexamination of the most serious and difficult issues in medical ethics. The book combines clarity with philosophical precision, faithfulness to Catholic teaching with a thorough engagement with critics." —_J. Budziszewski, University of Texas at Austin_. (shrink)

During the past four decades, the Netherlands played a leading role in the debate about euthanasia and assisted suicide. Despite the claim that other countries would soon follow the Dutch legalization of euthanasia, only Belgium and the American state of Oregon did. In many countries, intense discussions took place. This article discusses some major contributions to the discussion about euthanasia and assisted suicide as written by Nigel Biggar (2004), Arthur J. Dyck (2002), Neil M. Gorsuch (2006), and John (...) class='Hi'>Keown (2002). They share a concern that legalization will undermine a society's respect for the inviolability and sanctity of life. Moreover, the Report of the House of Lords Select Committee on the Assisted Dying for the Terminally Ill Bill (2005) is analyzed. All studies use ethical, theological, philosophical, and legal sources. All these documents include references to experiences from the Netherlands. In addition, two recent Dutch documents are analyzed which advocate further liberalization of the Dutch euthanasia practice, so as to include infants (Groningen Protocol, NVK 2005) and elderly people "suffering from life" (Dijkhuis Report, KNMG 2004). (shrink)

We will next speak of Liberality. Now this is thought to be the mean state, having for its object-matter Wealth: I mean, the Liberal man is praised not in the circumstances of war, nor in those which constitute the character of perfected self-mastery, nor again in judicial decisions, but in respect of giving and receiving Wealth, chiefly the former. By the term Wealth I mean all those things whose worth is measured by money.

In lieu of an abstract, here is a brief excerpt of the content:Notes and Discussions AGOSTINO NIFO'S EARLY VIEWS ON IMMORTALITY Various historians of Renaissance philosophy have taken some notice of the prolific author and important philosopher of the late 15th and early 16th centuries, Agostino Nifo (1470-1538), x but no one has yet studied his writings in a methodical and exhaustive fashion. 2 He not only published philosophical works in logic, physics, psychology and metaphysics, but he also authored treatises (...) on humanist topics? Recent scholars have tended to concentrate their attention on his psychological doctrines, no doubt because he was one of the major opponents of Pietro Pomponazzi (1462-1525) during the immortality controversy.4 Nifo published his De Immortalitate Animae in 1518 as a reply to the De lmmortalitate Ardmae, On the year of Nifo)s birth, see Bruno Nardi, Saggi sull'aristotelismo padovano dal secolo xav al xvl ('Florence, 1958), p. 284, n. 8. There is contemporary evidence that he died on January 18, 1538. See Bartolommeo Capasso, "Le cronache de li antiqui ri del regno di Napoli di D. Gaspare Fuscolill0," Archivio storico per le province napoletane, I (1876), p. 538. The standard bio-bibliography still remains Pasquale Tuozzi, "Agostino Nifo 9 le sue opere," Atti e memorie della R. Accademia di Scienze, Lettere ed Arti in Padova, Nuova scrie, XX (Padua, 1904), pp. 63-86. But see also Giuseppr Tommasino, Tra umanisti e filosoft (Maddaloni, 1921), Porte I, pp. 123-147; and Edward P. Mahoney, "A Note on Agostino Nifo," Philological Quarterly (forthcoming). z See Franeeseo Fiorentino, Pietro Pomponazzi; Studi storici su la scuola bolognese e padovana del secolo xvI (Florence, 1868); Carlo Giacon, La seconda scolastica: 1 grandi commentatori di San Tommaso (Milan, 1944); Etienne Gilson, "L'affaire de l'immortalit6 de l'fime ~t Venise at* d6but du xvIe si~ele," in Umanesirno europeo e uraanesimo veneziano, ed. Vittore Branea (Florence, 1963), pp. 31-61; Miehele Giorgiantonio, "Un nostro filosofo dimentieato dcl '400 (Luea Prassicio e Agostino Nifo)," Sophia, XVI (1948), pp. 212-214 and 303-312; Bruno Nardi, Saggi sulraristotelismo padovano dal secolo x]v al xvI (Florence, 1958); idem, Sigieri di Brabante nel pensiero del Rinascimento Italiano (Rome, 1945); Giovanni di NapoH, L'immortalitd delranima nel Rinascimento ('Turin, 1963); John Herman Randall, Jr., The School of Padua and the Emergence of Modern Science (Padua, 1961); Wilhelm Risse, Die Logik der Neuzeit, I (Stuttgart, 1964); Eugenio Garin, La cultura [ilosofica del Rinascimento Italiano (Florence, 1961); idem, Storia della filosofia italiana, II (Turin, 1966). See Nifo's De Armorum Literarumque Comparatione Commentariolus (Naples, 1526); De Pulchro et Amore (Rome, 1531); De Re Aulica (Naples, 1534); and Prima Pars Opusculorum (Venice, 1535). The second of these works has been studied by Jules Houdoy, La beaut~ des femmes dans la litt#rature et darts rart du xII" au xvIe si~cle; Analyse du livre de A. Niphus du Beau et de l'amour (Paris, 1876). 4 For recent discussion of the immortality controversy, see Etienne Gilson, "Autour de Pomponazzi, ProbMmatique de l'immortalit~ de l'~me en Italic au d~but du xvIe si~.cle," Archives d'histoire doctrinale et litt~raire du moyen dge, Ann6e 1961, pp. 163-179; Giovanni di Napoli, op. cit., especially pp. 227-338; Paul Oskar Kristeller, Eight Philosophers of the Italian Renaissance (Stanford, 1964), pp. 72-90; Bruno Nardi, Studi su Pietro Pomponazzi (Florence, 1965); Martin Pine, "Pomponazzi and the Problem of 'Double Truth'," Journal ot the History of Ideas, XXIX (1968), pp. 163-176; Harold Shulsky, "Paduan Epistemology and the Doctrine of the One Mind," lournal of the History of Philosophy, VI (1968), pp. 341-361. [451] 452 HISTORY OF PHILOSOPHY (1516) of Pomponazzi, who had argued that personal immortality cannot be philosophically demonstrated, s But while these scholars correctly point out that Nifo abandoned an Averroist interpretation of Aristotle concerning the unity of the intellect and the immortality of the soul for the position which they assume to be Thomistic, they are not precise as to just when Nile made the shift.6 They have not observed that in his first two printed works, namely, the commentary on Averroes' Destructio Destructionum (1497) and the early commentary on the De Anima (1503), Nifo explicitly accepts Averroes as the... (shrink)

Loneliness in medicine is a serious problem not just for patients, for whom illness is intrinsically isolating, but also for physicians in the contemporary condition of medicine. We explore this problem by investigating the ideal physician-patient relationship, whose analogy with friendship has held enduring normative appeal. Drawing from Talbot Brewer and Nir Ben-Moshe, we argue that this appeal lies in a dynamic form of companionship incompatible with static models of friendship-like physician-patient relationships: a mutual refinement of embodied virtue that draws (...) both persons together. The ideal physician-patient relationship has a dialectical character that fosters each member's improvement of phenomenologically recognizing and embodying moral virtues. A key component of this dynamic is a commitment to the common goal of the patient's health, realized through joint interactivities and conversations over time. The physician's presence to the patient's suffering—understood best as an alienating phenomenological condition for the patient—orients and discloses possibilities for virtuous caregiving by structuring the meanings of the goals, conversations, and joint narrative constitutive of their relationship. Presence to suffering, paradoxically, is perhaps an important prerequisite for this dynamic partnership. These activities dialectically build an interpretive horizon of understanding through which moral goods and character refinement—in and for the other—may become revealed for both persons in their shared being-in-the-world. This analysis of suffering, mood, and revealing of (possible) moral goods has implications for addressing the modern problem of loneliness for patients and physicians, who are increasingly inhibited from building flourishing relationships with each other. (shrink)

Many real-world agents recognise that they impose harms by choosing to emit carbon, e.g., by flying. Yet many do so anyway, and then attempt to make things right by offsetting those harms. Such offsetters typically believe that, by offsetting, they change the deontic status of their behaviour, making an otherwise impermissible action permissible. Do they succeed in practice? Some philosophers have argued that they do, since their offsets appear to reverse the adverse effects of their emissions. But we show that (...) they do not. In practice, standard carbon offsetting does not reverse the harms of the original action, nor does it even benefit the same group as was harmed. Standard moral theories hence deny that such offsetting succeeds. Indeed, we show that any moral theory that allows offsetting in this setting faces a dilemma between allowing any wrong to be offset, no matter how grievous, and recognising an implausibly sharp discontinuity between offsettable actions and non-offsettable actions. The most plausible response is to accept that carbon offsetting fails to right our climate wrongs. (shrink)

My critics in this symposium illustrate one principle and three fallacies of disability studies. The principle, which we all share, is that all persons are equal and none are less equal than others. No disability, however slight, nor however severe, implies lesser moral, political or ethical status, worth or value. This is a version of the principle of equality. The three fallacies exhibited by some or all of my critics are the following: Choosing to repair damage or dysfunction or to (...) enhance function, implies either that the previous state is intolerable or that the person in that state is of lesser value or indicates that the individual in that state has a life that is not worthwhile or not thoroughly worth living. None of these implications hold. Exercising choice in reproduction with the aim of producing children who will be either less damaged or diseased, or more healthy, or who will have enhanced capacities, violates the principle or equality. It does not. Disability or impairment must be defined relative either to normalcy, “normal species functioning”, or “species typical functioning”. It is not necessarily so defined. (shrink)

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

There are already many excellent books on existentialism. Some of them deal with particular problem or particular existentialist writers. Most of those that deal with existentialism as a whole divide their subject-matter according to authors, presenting chapters on Kierkegaard, Heidegger, Sartre, and the rest. Thus I think that there is room for the present book, which attempts a comprehensive examination and evaluation of existentialism, but does so by thematic treatment. That is to say, each chapter deals with a major theme (...) of existentialist philosophy, and these themes are arranged in the order of the existential dialect. Of course, each chapter is illustrated with material from the writings of existentialists, from Kierkegaard to Camus. (shrink)

Cadaver organs should be automatically availableThe shortage of donor organs and tissue for transplantation constitutes an acute emergency which demands radical rethinking of our policies and radical measures. While estimates vary and are difficult to arrive at there is no doubt that the donor organ shortage costs literally hundreds of thousands of lives every year. “In the world as a whole there are an estimated 700 000 patients on dialysis . . .. In India alone 100 000 new patients present (...) with kidney failure each year” . Almost “three million Americans suffer from congestive heart failure . . . deaths related to this condition are estimated at 250 000 each year . . . 27 000 patients die annually from liver disease . . .. In Western Europe as a whole 40 000 patients await a kidney but only . . . 10 000 kidneys”1 become available. Nobody knows how many people fail to make it onto the waiting lists and fail to register in the statistics. “As of 24th November 2002 in the United Kingdom 667 people have donated organs, 2055 people have received transplants, and 5615 people are still awaiting transplants.”2Conscious of the terrible and unnecessary tragedy that figures like these represent I have been advocating for more than 20 years now some radical measures to stem this appalling waste of human life. The measure which is the subject of Hamer and Rivlin’s paper 3 concerns the automatic availability of all cadaver organs—a measure, which I first advocated publicly in 1983.4THE AUTOMATIC AVAILABILITY OF DONOR ORGANSWe need to begin by being clear about just what it is I propose and why. At the moment in the United Kingdom we …. (shrink)

Analysing film. Distinguishing the filmic contribution to meaning -- Examples of filmic "textual organisation" -- Redrawing boundaries -- Organisation of the book -- Semiotics and documents. Semiotics and its relations to film -- The nature of discourse semantics -- The film as cinematographic document -- A combined view: filmic documents for filmic discourse -- Constructing the semiotic mode of film. Semiotic multimodality -- The internal organisation of semiotic strata -- Composing and combining semiotic modes -- Materiality and "epistemological commitment" -- (...) Christian Metz and the grande syntagmatique of the image track. The original model -- Two examples of analysis with the grande syntagmatique -- Revisions and rebuttals -- Foundations for analysis: filmic units. The basic units of film: preliminaries -- Audiovisual iconic representations -- Perception, perceptual realism and reliable measurement -- Multiplicity: from perception to discourse -- Filmic units revisited: discourse-motivated definitions -- The paradigmatic organisation of film. Beyond Metz: towards a grande paradigmatique -- Capturing discourse dependency structures in film -- The paradigmatic dimensions of projection, taxis and plane -- Two examples of paradigmatic analysis -- Summary and conclusions. (shrink)