DNA profiling and databasing are now commonplace. A body of state and federal legislation enables the establishment and operation of profile databases for law-enforcement purposes. Enabling legislation is usually specific about who, or what evidence, may be profiled for a database. It may be less specific or silent on the issue of specimen retention following profiling and databasing.

DNA profiling and databasing have become commonplace in criminal investigation and prosecution. There is a body of both state and federal legislation enabling the establishment and operation of profile databases for law enforcement purposes. Most legislation is specific as to who may be profiled for inclusion in a database. The majority of state laws permit DNA profile databasing of offenders convicted of certain defined crimes, of missing persons and their relatives, and of DNA profiles from criminal-case evidence where the depositor (...) is unknown. More recently, a few states have acted to permit databasing profiles of suspects of certain types of crimes, and there appears to be a trend toward wider adoption of this practice. The legislation adopted or proposed thus far defines whose DNA profiles can be databased, and under what circumstances. Less attention has been given to the matter of specimen retention following profiling and databasing. (shrink)

The thesis of this article is that there has never been any ground for the controversy between the doctrine of free will and determinism, that it is based upon a misapprehension, that the two assertions are entirely consistent, that one of them strictly implies the other, that they have been opposed only because of our natural want of the analytical imagination. In so saying I do not tamper with the meaning of either phrase. That would be unpardonable. I mean free (...) will in the natural and usual sense, in the fullest, the most absolute sense in which for the purposes of the personal and moral life the term is ever employed. I mean it as implying responsibility, merit and demerit, guilt and desert. I mean it as implying, after an act has been performed, that one " could have done otherwise " than one did. I mean it as conveying these things also, not in any subtly modified sense but in exactly the sense in which we conceive them in life and in law and in ethics. These two doctrines have been opposed because we have not realised that free will can be analysed without being destroyed, and that determinism is merely a feature of the analysis of it. And if we are tempted to take refuge in the thought of an "ultimate ", an "innermost" liberty that eludes the analysis, then we have implied a deterministic basis and constitution for this liberty as well. For such a basis and constitution lie in the idea of liberty. -/- The thesis is not, like that of Green or Bradley, that the contending opinions are reconciled if we adopt a certain metaphysic of the ego, as that it is timeless, and identifies itself with a desire by a " timeless act". This is to say that the two are irreconcilable, as they are popularly supposed to be, except by a theory that delivers us from the conflict by taking us out of time. Our view on the contrary is that from the natural and temporal point of view itself there never was any need of a reconciliation but only of a comprehension of the meaning of terms. (The metaphysical nature of the self and its identity through time is a problem for all who confront memory, anticipation, etc.; it has no peculiar difficulties arising from the present problem.) -/- I am not maintaining that determinism is true; only that it is true insofar as we have free will. That we are free in willing is, broadly speaking, a fact of experience. That broad fact is more assured than any philosophical analysis. It is therefore surer than the deterministic analysis of it, entirely adequate as that in the end appears to be. But it is not here affirmed that there are no small exceptions, no slight undetermined swervings, no ingredient of absolute chance. All that is here said is that such absence of determination, if and so far as it exists, is no gain to freedom, but sheer loss of it; no advantage to the moral life, but blank subtraction from it. -- When I speak below of "the indeterminist" I mean the libertarian indeterminist, that is, him who believes in free will and holds that it involves indetermination. (shrink)

In the face of environmental crises such as climate change, pollution and biodiversity loss—which all adversely impact on health—Gils-Schmidt and Salloch explore whether physicians can be justified in taking climate issues into account in clinical care.1 While their approach centres on the ‘climate-sensitive’ decisions, physicians can carry out on the micro-level of clinical decision-making, they encourage further discussions on how climate-related issues can be included across different levels of decision-making in healthcare. We propose a list of tasks and a model (...) to assist with navigating the range of factors and structural elements an environmentally sensitive ethics must address. Stephen Gardiner’s notion of a perfect moral storm is central to understanding these issues.2 Gardiner describes how a perfect moral storm occurs in the centre of three overlapping conditions for human action and policymaking in the face of climate change. This storm is driven by: (1) a lack of interest among current generations to meet global needs and accommodate the well-being of future generations, (2) a lack of ecological concerns for other parts of nature than humans and (3) weak ethical and political theories and institutions shaping policy decisions on issues with severe implications across borders and generations. Moreover, these conditions are embedded in the existing, complex world of ethically unjustified power imbalances and social injustice. The growing awareness of healthcare’s climate footprint has amplified and accelerated global, grassroots action to make healthcare more environmentally friendly. This includes incorporating environmental impacts into quality improvement methodologies, building communities of practice to explore how to make …. (shrink)

This study represents an improvement in the ethics scales inventory published in a 1988 Journal of Business Ethics article. The article presents the distillation and validation process whereby the original 33 item inventory was reduced to eight items. These eight items comprise the following ethical dimensions: a moral equity dimension, a relativism dimension, and a contractualism dimension. The multidimensional ethics scale demonstrates significant predictive ability.

In seeking to understand the development of philosophy in later antiquity it is important to take account of Clement of Alexandria, perhaps the first Christian writer to be greatly influenced by the systems of Greece. Accordingly in this article certain aspects of Clement's doctrine will be selected for examination where his obligations to the philosophers have apparently hitherto received insufficient attention. In a valuable paper Mr. R. P. Casey has dealt with many important points, but there is room for further (...) exploration, both by the philological method and by a careful comparison of corresponding ideas in Clement and Plotinus. I am here concerned to stress resemblances rather than to prove, for instance, that any direct connection exists between Neoplatonism and Alexandrian theology. It is nevertheless not irrevelant to mention that Ammonius Saccas, the professor whose lectures both Origen the Christian and Plotinus were to attend, and who, besides being a Platonist, if not the founder of Neoplatonism, was also an apostate Christian, had probably begun to attract attention in Alexandria at the time when Clement was head of the Christian School there, in which perhaps Ammonius himself had been originally educated. There seems nothing to prevent the assumption that Ammonius and Clement were known at least by name to each other, and perhaps the philosopher under whom Plotinus was to study for eleven years had even sat by the side of Clement at the feet of Pantaenus, the erstwhile Stoic and founder of the Catechetical School. However that may be, both Neoplatonism and Alexandrian theology show a markedly similar tendency, and in the Enneads and the Stromateis there are many equivalent features. (shrink)

The object of this article is to set forth certain evidence that emerges from a study of three of Plutarch's Lives, the Titus, the Paullus, and the Cato Maior, evidence which indicates that these Lives are based upon a definite type of biographical composition, and to suggest its possible origin and date. Since E. Meyer's article on the Cimon of Nepos and Plutarch, biographical sources have generally been assumed for the Greek Lives, and there has been a tendency to make (...) the same assumption for the Roman Lives also, without, however, setting forth the evidence that might justify it. Uxkull Gyllenband maintained that biographies of Greeks and Romans, the sources of Plutarch, were written in the second century b.c., but he gives no evidence for his contention, which is indeed refuted by the observations of Jacoby. Mühl argued with some force that Plutarch's source for the Marcellus was a biography. There is good reason to doubt his conclusion that Plutarch has used a biography of Poseidonius; but the arguments advanced by Klotz for the thesis that the source was the annalist Valerius Antias are still less convincing. Liedmeier postulates a biographical source for the Paullus, but without doing more than asserting the general improbability that Plutarch here used a multiplicity of sources. It seems therefore desirable to collect such evidence as there is of a biographical source in these three Roman Lives of the second century b.c., and it is with such an attempt rather than with a priori considerations that I am here concerned. (shrink)

Probably no philosopher of antiquity has occasioned more daring speculations and the expression of graver doubts than Posidonius. On the one hand it has been argued that he was purely a man of science and hardly a Stoic philosopher at all. On the other hand he has been called the first and greatest Stoic mystic who under Oriental influence spurned the body as vile and earthly. Reinhardt has of late years resolutely maintained that the importance of Posidonius in the history (...) of thought lies in his having originated a completely new Vitalism, and that his conception of the world is one in which ‘Subjekt und Objekt, Geist und Wissen, Mensch und Gott, νος und ζω durch eine im Bewusstsein neu erwachte Kraft sich einen und durchdringen: durch die “Sympathie.”’ Among other German scholars Geffcken holds that Plotinus borrowed much from Posidonius, and Jaeger roundly declares that if Posidonius had but found a place for the Platonic Ideas, there would have been nothing left for Plotinus to find. Schmekel and Bréhier have both stated that modifying the Platonic Theory of Ideas Posidonius established an identification between the Ideas and the Spermatic Logoi of Stoicism. (shrink)

This article does not attempt, except in a general way, to indicate Plutarch's sources for this Life, since any such attempt, in the absence of much of the relevant literature, is foredoomed to failure. It aims rather at showing the different types of biographical literature which grew up around this figure and which form the basis of Plutarch's Life, and to show what seems the most probable relationship of this Life to the biography of Nepos and to Cicero's Cato, both (...) of which works have, in the present writer's opinion, been too readily assumed by some critics as Plutarch's sources. We may most conveniently deal with Plutarch's Life first, and then pass on to Cicero's and Nepos' presentations. (shrink)

The development of the law of libel at Rome during the second and first centuries B.C. is important for an understanding of the changing attitude on the part of society towards public criticism. This article attempts to trace the development from Naevius to Augustus, by bringing together the scattered references in our literary and legal sources, and, by setting them in their historical perspective, to make the attitude of society towards criticism more easily discernible.

The general editorial plan behind The Collected Papers of Bertrand Russell calls for two parallel series, one concerned with Russell's work on philosophy, logic and mathematics, the other with his less technical contributions in areas such as politics, practical ethics, history and education. Volume 1, sub-titled Cambridge Essays, 1888–99, is in a sense the ancestral volume of both series, for it comprises both technical and non-technical subjects. Russell appears here as diarist, public speaker, political commentator, as well as apprentice philosopher (...) and expert on non-Euclidian geometries. The Collected Papers as a whole will span the more than 80 years of Russell's writings devoted to a formidable range of topics from the personal to the highly abstract but, large as it is, this publishing project will make no attempt to bring together the totality of his writings, since many of these remain in print and are readily available. Instead, the project's distinct emphasis will be on Russell's shorter writings, such as essays, articles, reviews and speeches, which are not so easily located, even when previously published. Grouped together in convenient subdivisions, these papers will chronicle for us Russell's intellectual and social growth to an extent even greater than that attempted by Russell himself in his three-volume Autobiography or in My Philosophical Development, and they will also serve to acquaint us with the thoughts, feelings and attitudes of the venerable figure behind the well-known major books. The project's essential aim, then, is to mine and refine the vast Russell Archives in a way that will yield a permanent foundation of study for anyone, whether mere admirer or life-long scholar, who has any interest in Russell's life and work. (shrink)

In later antiquity few monuments at Athens had such a great reputation as what the Athenians called with pride the Altar of Eleos or Pity, the suppliants' altar. Philostratos links it in fame with Olympia and Delphi. The Athenians pay homage to Eleos along with Athena Polias, says Sopatros. ‘You have an Altar of Eleos’, says Apsines to the Athenians; ‘…for this you have a great reputation amongst all other men.’.

In this book, R.E. Allen provides a translation of the 'Parmenides' along with a structural analysis that procedes on the assumption that formal elements, logical and dramatic, are important to its interpretation and that the argument of the Parmenides is aporetic, a statement of metaphysical perplexities.

No one is excused from doing what he ought to do merely because he is unwilling to do it. But what if others are unwilling to play their necessary role in some joint venture that you all ought to undertake: might that excuse you from doing what you yourself ought to do as part of that? It would, if you were genuinely willing to play your necessary part if they were. But the unwillingness of everyone involved cannot reciprocally serve to (...) excuse one another from doing what they ought to do. (shrink)

Book reviewed in this article: Protecting The Vulnerable: A Reanalysis of Our Social Responsibilities. By Robert E. Goodin. Chicago: University of Chicago Press.

Translational ethics (TE) has been developed into a specific approach, which revolves around the argument that strategies for bridging the theory‐practice gap in bioethics must themselves be justified on ethical terms. This version of TE incorporates normative, empirical and foundational ethics research and continues to develop through application and in the face of new ethical challenges. Here, I explore the idea that the academic field of bioethics has not yet sufficiently analysed its own philosophical foundation for how it can, and (...) should, be practically relevant; neither has it comprehensively discussed the limitations on what impacts bioethicists should pursue. As a result, there has not been adequate training on how to suitably and appropriately impact real‐world practices. Moreover, bioethical perspectives are often competing with other strong interests, for example, economic and political, which may weaken their impact on policy‐making. The TE approach I propose can not only facilitate practical impacts of academic bioethics by being better informed by real‐world ethical issues but it also supports targeted and ethical justifications of the actual impact of academic work in real‐world contexts. In this paper, I clarify the premises for this TE approach, identify further challenges and sketch out potential solutions for the implementation of this methodological framework. (shrink)

Translational research in medicine requires researchers to identify the steps to transfer basic scientific discoveries from laboratory benches to bedside decision-making, and eventually into clinical practice. On a parallel track, philosophical work in ethics has not been obliged to identify the steps to translate theoretical conclusions into adequate practice. The medical ethicist A. Cribb suggested some years ago that it is now time to debate ‘the business of translational’ in medical ethics. Despite the very interesting and useful perspective on the (...) field of medical ethics launched by Cribb, the debate is still missing. In this paper, I take up Cribb’s invitation and discuss further analytic distinctions needed to base an ethics aiming to translate between theory and practice. (shrink)

This book is a timely new interpretation of the moral and political philosophy of Thomas Hobbes. Staying close to Hobbes's text and working from a careful examination of the actual substance of the account of natural law, R.E. Ewin argues that Hobbes well understood the importance of moral behavior to civilized society. This interpretation stands as a much-needed corrective to readings of Hobbes that emphasize the rationally calculated, self-interested nature of human behavior. It poses a significant challenge to currently fashionable (...) game theoretic reconstructions of Hobbesian logic. It is generally agreed that Hobbes applied what he took to be a geometrical method to political theory. But, as Ewin forcefully argues, modern readers have misconstrued Hobbes's geometric method, and this has led to a series of misunderstandings of Hobbes's view of the relationship between politics and morality. Important implications of Ewin's reading are that Hobbes never thought that "the war of each against all" was an empirical possibility for citizens; that his political theory actually presupposes moral agency; and that Hobbes's account of natural law forces us to the conclusion that Hobbes was a virtue theorist. This major contribution to Hobbes studies will be praised and criticized, welcomed and challenged, but it cannot be ignored. All philosophers, political theorists, and historians of ideas dealing with Hobbes will need to take account of it. (shrink)

I shall be dealing, throughout this book, with a set of related problems: the relationship between morality and reasoning in general, the way in which moral reasoning is properly to be carried on, and why morality is not arbitrary. The solutions to these problems come out of the same train of argument. Morality is not arbitrary, I shall argue, because the acceptance of certain qualities of character as virtues and the rejection of others as vices is forced on us by (...) the co-operative basis of human life. The co-operation in human life is unavoidable; the alternative is a literal Hobbesian state of nature, and that is impossible. It is not that co-operation between people is a good thing or even a very good thing; it is simply unavoidable in human life, and it is impossible unless the qualities of character counted as virtues are encouraged and are at least fairly common. The possibility of human life presupposes a theory of human nature, and working out that theory of human nature is the main job of moral philosophy. These virtues or qualities of character or attitudes lead us towards a theory of reasons. A person with a sense of justice is a person inclined to accept certain sorts of facts as reasons for acting, and if the virtues are presupposed by human life then the acceptance of those sorts of facts as reasons for acting is presupposed by human life. A condition of the life of reasoning beings (a more accurate term here than 'human beings') is that moral reasons are reasons for acting and are at the very basis of reasoning. And from this it follows that properly conducted moral reasoning is ultimately guided by the virtues rather than ultimately guided by a set of rules. (shrink)

Corporate social responsibility is a recognised and common part of business activity. Some of the regularly cited motives behind CSR are employee morale, recruitment and retention, with employees acknowledged as a key organisational stakeholder. Despite the significance of employees in relation to CSR, relatively few studies have examined their engagement with CSR and the impediments relevant to this engagement. This exploratory case study-based research addresses this paucity of attention, drawing on one to one interviews and observation in a large UK (...) energy company. A diversity of engagement was found, ranging from employees who exhibited detachment from the CSR activities within the company, to those who were fully engaged with the CSR activities, and to others who were content with their own personal, but not organisational, engagement with CSR. A number of organisational context impediments, including poor communication, a perceived weak and low visibility of CSR culture, and lack of strategic alignment of CSR to business and personal objectives, served to explain this diversity of employee engagement. Social exchange theory is applied to help explore the volition that individual employees have towards their engagement with CSR activities, and to consider the implications of an implicit social, rather than explicit economic, contract between an organisation and its employees in their engagement with CSR. (shrink)

David Benatar argues that coming into existence is always a harm, and that – for all of us unfortunate enough to have come into existence – it would be better had we never come to be. We contend that if one accepts Benatar’s arguments for the asymmetry between the presence and absence of pleasure and pain, and the poor quality of life, one must also accept that suicide is preferable to continued existence, and that his view therefore implies both anti-natalism (...) and pro-mortalism . This conclusion has been argued for before by Elizabeth Harman – she takes it that because Benatar claims that our lives are ‘awful’, it follows that ‘we would be better off to kill ourselves’ (Harman 2009: 784). Though we agree with Harman’s conclusion, we think that her argument is too quick, and that Benatar’s arguments for non-pro-mortalism deserve more serious consideration than she gives them. We make our case using a tripartite structure. We start by examining the prima facie case for the claim that pro-mortalism follows from Benatar’s position, presenting his response to the contrary, and furthering the dialectic by showing that Benatar’s position is not just that coming into existence is a harm, but that existence itself is a harm. We then look to Benatar’s treatment of the Epicurean line, which is important for him as it undermines his anti-death argument for non-pro-mortalism. We demonstrate that he fails to address the concern that the Epicurean line raises, and that he cannot therefore use the harm of death as an argument for non-pro-mortalism. Finally, we turn to Benatar’s pro-life argument for non-pro-mortalism, built upon his notion of interests, and argue that while the interest in continued existence may indeed have moral relevance, it is almost always irrational. Given that neither Benatar’s anti-death nor pro-life arguments for non-pro-mortalism work, we conclude that pro-mortalism follows from his anti-natalism, As such, if it is better never to have been, then it is better no longer to be. -/- . (shrink)

Volume 20, Issue 4, May 2020, Page 71-73.

Hume's is/ought distinction has long limited the role of empirical research in ethics, saying that data about what something is cannot yield conclusions about the way things ought to be. However, interest in empirical research in ethics has been growing despite this countervailing principle. We attribute some of this increased interest to a conceptual breakdown of the is/ought distinction. MacIntyre, in reviewing the history of the is/ought distinction, argues that is and ought are not strictly separate realms but exist in (...) a close relationship that is clarified by adopting a teleological orientation. We propose that, instead of recovering a teleological orientation, society tends to generate its own goals via democratic methods like those described by Rousseau or adopt agnosticism about teleology such as described by Richard Rorty. In both latter scenarios, the distinction between is and ought is obscured, and the role for empirical research grows, but for controversial reasons. MacIntyre warns that the is/ought distinction should remain, but reminds ethicists to make careful arguments about when and why it is legitimate to move from is to ought. (shrink)

There has been much discussion about how to obtain legitimacy at macro-level priority setting in health care by use of fair procedures, but how should we consider priority setting by individual clinicians or health workers at the micro-level? Despite the fact that just health care totally hinges upon their decisions, surprisingly little attention seems being paid to the legitimacy of these decisions. This paper addresses the following question: what are the conditions that have to be met in order to ensure (...) that individual claims on health care are well aligned with an overall concept of just health care? Drawing upon a distinction between individual and aggregated needs, I argue that even though we assume the legitimacy of macro-level guidelines, this legitimacy is not directly transferable to decisions at micro-level simply by adherence to the guidelines’ recommendation. Further, I argue that individual claims are subject to the formal principle of equality and the demands of vertical and horizontal equity in a way that gives context- and patient-related equity concerns precedence over equity concerns captured at the macro-level. I conclude that if we aim to achieve just health care, we need to develop a complementary framework for legitimising individual judgment of patients’ claims on health care resources. Moreover, I suggest the basic structure of such a framework. (shrink)