One of the great difficulties with Kant’s moral philosophy is that it seems to imply that our moral obligations leave us powerless in the face of evil. Kant’s theory sets a high ideal of conduct and tells us to live up to that ideal regardless of what other persons are doing. The results may be very bad. But Kant says that the law "remains in full force, because it commands categorically" (G, 438-39/57).* The most weI1—known example of...

Few challenges facing Kantian ethics are more famous and formidable than the so-called "case of the inquiring murderer." It appears in some form today in most introductory ethics texts, but it is not a new objection. Even Kant himself was compelled to respond to it, though by most accounts his response was embarrassingly unpersuasive. A more satisfactory reply can be offered to this old objection, however. It will be shown here that Kantian ethics permits lying to inquirers asking wrong questions, (...) and that, therefore, it can be right to lie to a murderer inquiring whether his intended victim is hiding in your house. We begin by reviewing a now popular and plausible-sounding defense of the right to lie. Finding it unsuccessful, we turn next to scrutinize the type of question asked. The case of the inquiring murderer cannot be presented without supposing that the murderer's inquiry is unevadable. As we shall then see, in Kantian ethics it is usually wrong to ask such questions. (shrink)

The author questions the validity of Kant's insistence on the absoluteness of the requirement "Do not lie" as well as the very possibility of absolute moral principles in general. He argues for applied ethics, the object of which would be individual-situational behavior and the rules and requirements of which have a concrete situational character. He points out that Kant's insistence on the absoluteness contradicts the humanity imperative, especially its requirement to treat others as an end in itself. He stresses that (...) the requirement of the unconditional impermissibility of lying leads to a concealed justification of treachery, which should be considered another type of lying. (shrink)

It is a remarkable fact about the development of medical ethics from the 1960s until today that there has been a dramatic shift from a position where it was taken for granted that the physician knows best, to a position where much greater emphasis is put on the patient’s treatment preferences. This shift is evident with regard to physician attitudes towards disclosing a cancer diagnosis. For example, in 1961, a survey of cancer physicians showed that almost 90% of the physicians (...) reported that their usual policy was not to tell their patients that they had cancer . The survey was repeated in 1979, and it showed a complete reversal in attitudes over this 20-year period. 90% reported that their usual policy was to tell their patients that they had cancer .One common way of justifying the new approach is to claim that patients have a right to make their own treatment decisions, referring to the basic value of patient autonomy. However, it is immediately obvious that physicians should not respect all choices made by patients. Consider the following case: A thirty-eight-year-old man with mild upper respiratory infection suddenly developed severe headache, stiff neck, and high fever. He went to an emergency room for help. The diagnosis was pneumococcal meningitis, a bacterial meningitis almost always fatal if not treated. If treatment is delayed, permanent neurological damage is likely. A physician told the patient that urgent treatment was needed to save his life and forestall brain damage. The patient refused to consent to treatment saying he wanted to be allowed to die .Very few, if any, physicians would respect this person’s treatment choice. The reason is that this patient is not competent to make his own decisions. Respect for autonomy only requires that the choices of patients who are competent to make their own decisions are honoured. Judgements about which patients are competent to make their own decisions therefore become crucial. (shrink)

Kant’s strict views on lying have been regularly cited as a reason for thinking there is something fundamentally wrong with Kantian ethics. Some of Kant’s statements here seem so excessive that most Kantians who have dealt with the topic have tried to distance themselves from them, usually claiming that they do not follow from Kant’s own principles. In this chapter, I will do a little of that, partly by questioning whether the famous example of the “murderer at the door” really (...) fits the principles Kant applies to it. By and large, however, I will argue Kant’s views about veracity are reasonable or at least defensible, if not selfevident. This is mainly because I also think some of them –especially his position in the brief, late and famous essay On a Supposed Right to Lie from Philanthropy – have been badly misunderstood. My principal aim here will be to correct that misunderstanding. (shrink)

Background: Although health is a right of all individuals without any distinction, the realisation of this right has remained very difficult for the marginalised populations of poor countries. Inequitable distribution of health opportunities globally is a major factor in explaining why this is the case. Whereas the Protection, Promotion and Fulfilment of the health rights of poor country citizens are a joint responsibility of both domestic and external governments, most governments flout their obligations. So far disproportionate effort has (...) been dedicated to reaffirming and interpreting these obligations as opposed to investigating the fundamental question regarding why these obligations have nevertheless remained largely unfulfilled. Further the normative question regarding what ought to be done about the shortcomings of current obligations has been largely ignored. Methods: We conduct a critical content analysis of existing literature on efforts towards the realisation of the health rights of marginalised populations in our attempt to ascertain their capacity to guarantee basic health opportunities to marginalised populations. In our analysis we treat issues of ‘health rights’ and ‘justice in global health’ as having unity of purpose – guaranteeing basic health opportunities to the marginalised populations. Results: We identify two sets of reasons for the failure of present obligations for global distributive justice in general: a set of ‘superficial reasons’ and a set of ‘fundamental reasons’ which account for the superficial reasons. Discussion: In order to overcome these reasons we propose a strategy which consists in specifying a number of minimum and less-demanding obligations for both external and domestic governments to guarantee to all individuals a certain threshold of health goods and services. We argue that these minimum obligations can be freely accepted and fully complied with or enforced with “a thin system of enforcement” without significant threat to national sovereignty and autonomy. Conclusion: The futility of countries’ obligations for the health rights of the global poor as is the case with global distributive injustice is because of lack of political will to specify and enforce such obligations. Minimum obligations should be specified and enforced with a “thin system” which is consistent with principles of national sovereignty and autonomy. (shrink)

It has been suggested that focusing on procedures when setting priorities for health care avoids the conflicts that arise when attempting to agree on principles. A prominent example of this approach is “accountability for reasonableness.” We will argue that the same problem arises with procedural accounts; reasonable people will disagree about central elements in the process. We consider the procedural condition of appeal process and three examples of conflicts over coverage decisions: a patients’ rights law in Norway, health technologies coverage (...) recommendations in the UK, and care withheld by HMOs in the US. In each case a process is at the center of controversy, illustrating the difficulties in establishing procedures that are widely accepted as legitimate. Further work must be done in developing procedural frameworks. (shrink)

In this article Glen Newey defends the view that freedom of expression, and specifically free speech, enjoys special status because it is a necessary condition of politics itself. The first political question concerns the terms on which people associate with one another. This requires free speech, because in order to associate, people need to think of themselves as entering into unconstrained agreements and this demands full access to information. He considers different ways in which free speech has been understood and (...) argues that underlying classical liberal defences is a concern to protect the content rather than occasions of speech. He then applies this understanding to toleration. He argues that free speech is prior to toleration, rather than a corollary of it and considers the implications of this view for some recent controversies concerning free speech. (shrink)

Jens Timmermann provides a detailed philosophical, developmental and historical analysis of Immanuel Kant's 1797 essay 'On a Supposed Right to Lie from Love of Humanity', in which Kant argues that it is criminally wrong to lie to protect a friend from being murdered.

This expanded edition of James Ellington’s preeminent translation includes Ellington’s new translation of Kant’s essay Of a Supposed Right to Lie Because of Philanthropic Concerns in which Kant replies to one of the standard objections to his moral theory as presented in the main text: that it requires us to tell the truth even in the face of disastrous consequences.

The “Right to be forgotten” lies at the heart of the infosphere debate. It embodies how mature information societies cope and deal with their memories. As such, it has become a defining issue of our time. Drawing on the author’s experience as a member of the Google Advisory panel, this paper discusses some of the salient points of the “Right to be forgotten” discourse, including: privacy vs. freedom of speech and availability vs. accessibility of information. It argues that, (...) while there should be no removal of past information, steps must be taken to ensure that this is not constantly, or unnecessarily, recalled. (shrink)

There are three main categories of rationale for withholding information or telling lies: if overwhelming harm can only be averted through deceit; complete triviality such that it is irrelevant whether the truth is told; a duty to protect the interests of others. Public health authorities are frequently having to form judgements about the public interest, whether to release information or issue warnings. In June 1992, routine surveillance detected patulin levels (a known carcinogen) in samples of apple juice exceeding safety threshold. (...) Remedial actions were promptly taken and it was planned to subsequently publish the information in the routine way. However, the media portrayed the handling of the problem as a conspiracy and there was a short term reduction in juice sales. In October 1995, the UK Committee on Safety of Medicines issued a warning about certain brands of the contraceptive pill, based on the interim results of three unpublished studies. The increased risk of thromboembolism was small, but the resulting scare led to an increase in unwanted pregnancies. The handling of the B.S.E. crisis in the U.K. also led to accusations of incompetence or conspiracy. Public health authorities have to handle uncertainty and frequently have to form judgements for public safety on the basis of evidence of poor quantity and quality. Their task is not helped by the sometimes conflicting agenda of scientists and media. The public also have differing perceptions and interpretations of risk. The series of scares and crises are having a detrimental effect on public confidence in public health authorities. (shrink)

Lexicon entry on Kant's Essay "On a Supposed Right to Lie from Philanthropy.".

Moral and ethical agreements require sufficiently shared values, or at least some common ground. We might think of this in terms of a shared ‘form of life’, ‘lebensform’, as Wittgenstein describes it in his Philosophical Investigations. Yet it is not clear what will be sufficient, nor how to bridge gaps when disagreement occurs, for instance on whether it is ever right to lie. Ethical and moral theories offer some guidance, but there is no guide for which theory one ought (...) to follow. Whether you favour eudaimonist (flourishing, well-being), deontological (duty), or utilitarian (consequentialist) principles, the selection of a philosophy says much about who you are (preferences, judgements, beliefs) and your context (social, political, cultural). More than this it can indicate certain psychological and personal dispositions, whether defined as brain states, mental states, or personalities. In this article I outline some arguments for why ethics might need a philosophy of mind, and why this poses problems for ethical and moral theory building. (shrink)

"The moral principle stating that it is a duty to tell the truth would make any society impossible if that principle were taken singly and unconditionally. We have proof of this in the very direct consequences which a German philosopher has drawn from this principle. This philosopher goes as far as to assert that it would be a crime to tell a lie to a murderer who asked whether our friend who is being pursued by the murderer had taken refuge (...) in our house.". (shrink)

Introduction Stored human samples and the establishment of biobanks are increasing in the world. Along with this there are the questions of ethics that arise such as the correct method of obtaining informed consent for research on stored samples and the policies involved in collaborative research using collected samples. This study is an attempt to evaluate the researchers, academics and policy makers' views on these ethical aspects. Methods This was an anonymised study involving a Sri Lankan population of researchers, ethics (...) committee members, and policy makers. A self administered questionnaire was utilised as the study instrument. The questionnaire captured four major areas of interest: demographic characteristics of respondents, their attitudes on informed consent policy, their opinion on rights of collaborating researchers, their attitudes on dealing with international differences in regulatory frameworks. Results The study included 55 responders with 40/55 agreeing that donors should receive the option of giving informed consent for future research, with 31/55 considering multiple- type consent options most appropriate. Regarding the issue of shared samples in collaborative research majority agreed that source country ethics review committee approval was necessary 53/55. Conclusion The study concludes that sample donors should be given the option of giving advance consent to unspecified future research provided that future research is approved by an ethics committee. In collaborative research, it is necessary to involve ethics committees from donor countries in the research approval process. (shrink)

Kant’s essay ‘On a Supposed Right to Lie from Philanthropy’ claims that everyone has an unconditional duty of right not to lie under any circumstances. This claim creates a conflict within the doctrine of right because Kant also claims that each of us is under an unconditional duty of right to obey the positive law in force in the civil condition in all circumstances. In Kant’s specific example, truthfulness would violate the positive law because it would (...) make the speaker an accomplice to a crime. Since both duties flow from the requirement that we not act inconsistently with the possibility of rightful relations among humans, a juridical solution to the conflict must be possible. That solution is to recognize that lying in appropriate circumstances is akin to the use of force in self-defence or defence of a third party. (shrink)

In his ‘On a Supposed Right to Lie from Philanthropy’ Kant makes the astonishing claim that one is not entitled to lie even to save a friend from a murderer. This claim has been an embarrassment for Kant's defenders and an indication of Kant's excessive rigour for his detractors. Responses to SRL fall into three main groups. The first of these groups, that of Kant's critics, claim that SRL demonstrates that Kant's ethical views are so rigorous that they become (...) abhorrent in practice. The second group, Kant's defenders, argues that Kant's conclusions in SRL do not follow from his own ethical principles. The third group, made up of scholars who are generally sympathetic to Kant's position, attempts to explain why a liar is responsible for all the bad consequences that follow from his act by providing an account of Kant's theory of imputation. (shrink)

The right to revolt is a central concept in political philosophy, denoting when it is justified to replace a corrupt government with a new one. As such, it is a normative concept that would-be revolutionaries should consult in order to determine the justness of a possible revolution. However, this article argues that within Kierkegaard’s thought lies a wholly new conception of revolution that does not look to describe when it might be just to revolt but that instead sees revolution (...) as an act we are sometimes obligated to enact. Consequently, revolt transforms from a right to a responsibility, with important ethical and political consequences. (shrink)

This expanded edition of James Ellington's preeminent translations of _Grounding for the Metaphysics of Morals and Metaphysical Principles of Virtue_ includes his new translation of Kant's essay On a Supposed Right to Lie Because of Philanthropic Concerns, in which Kant replies to one of the standard objections to his moral theory, as presented in the main text of _Grounding_, that it requires us to tell the truth even in the face of harmful consequences.

Is the Right to the City (RTTC) still a useful framework for a transformative urban politics? Given recent scholarly criticism of its real-world applications and appropriations, in this paper, we argue that the transformative promise in the RTTC lies beyond its role as a framework for oppositional struggle, and in its normative ends. Building upon Henri Lefebvre's original writing on the subject, we develop a “radical-cooperative” conception of the RTTC. Such a view, which is grounded in the lived experiences (...) of the current city, envisions an urban society in which inhabitants can pursue their material and social needs through self-governed cooperation across social difference. Growing and diversifying spaces and sectors of urban life that are decoupled from global capitalism are, we argue, necessary to create space for this inclusionary politics. While grassroots action is essential to this process, so is multi-scalar support from the state. (shrink)

In 2006, a WHO survey found evidence of a substantial increase in patient-led litigation against health authorities and funders over access to medicines around the world. New Zealanders have seldom litigated denials of access to health care. Part of the explanation lies in the fact that New Zealand has a legislated patients' "bill of rights", with enforcement through a complaints mechanism. Although the separate regime does not afford patients substantive legal protection in respect of complaints about lack of access to (...) care, this form of alternative, low-level resolution of health care disputes does condition disgruntled patients not to turn to the courts for legal redress in relation to their rights. But given the increasing need for prioritization arising from serious concern about the sustainability of the public health system, as well as a trend towards greater explicitness when it occurs, increased disappointment on behalf of patients and the public when care is denied or limited seems inevitable. This may well translate into increased patient-led litigation against health boards and funders. Part 1 provides an overview of the New Zealand health system, with a focus on the points at which resource allocation decisions are made, the identity of the decision-maker, and the methods by which priority-setting occurs. Part 1.1 describes inequalities between population groups in New Zealand, both in health outcomes and in access to health care. Part 2 describes the legal framework surrounding the health and disability sector, and discusses the lack of legislated rights to health and the limited right of access to health care in legislation, despite the existence of a legally enforceable Code of Health and Disability Services Consumers' Rights. (shrink)

The author argues that despite universal and formal character of the foundation of Kant's ethics, its principles appear to be compatible with recognition of the possibility of lying for philanthropic reason. To have an effect in the world, our obligations must necessarily have empirical components that point to specific conditions, under which the maxim will have a moral worth. One of such condition may be the requirement that probable consequences of the action will not clash with other obligations.

While in this paper I focus on adoptees, my argument is applicable to donor-conceived children and children of misattributed paternity. I address some of the noted risks of closed adopted and the benefits of open adoption, which is more in keeping with Article 7 of the United Nations Convention on the Rights of the Child (CRC), which provides all children with a right to know about their genetic parents and which the Australian government ratified in 1980.

In this paper, we analyze the legal situation regarding physician-assisted suicide in the world. Our hypothesis is that the prohibitive stance on physician-assisted suicide in most societies in the world today seems to be related to our moral attitudes toward suicide. This brings us to a discussion about life itself. We claim that the total lack of legal protection for physician-assisted suicide from international organizations and most countries in the world lies in a philosophical assumption that supports much of our (...) common beliefs about what life really is. This assumption states that life must be thought of as not belonging exclusively to the individual. We argue that this assumption is a misconception that can be heard in the debate on suicide. Consequently we endorse a different conception of life which tends to favor a pro-choice stance towards suicide and assisted death in general. This position takes the patient’s decision about when to die more seriously. We conclude that there is no reason why physician-assisted suicide does not deserve legal protection as an individual right to die under international law. (shrink)

Kant’s strict views on lying have been regularly cited as a reason for thinking there is something fundamentally wrong with Kantian ethics. Some of Kant’s statements here seem so excessive that most Kantians who have dealt with the topic have tried to distance themselves from them, usually claiming that they do not (or need not) follow from Kant’s own principles. In this chapter, I will do a little of that, partly by questioning whether the famous example of the “murderer at (...) the door” really fits the principles Kant applies to it. By and large, however, I will argue Kant’s views about veracity are reasonable or at least defensible, if not selfevident. This is mainly because I also think some of them –especially his position in the brief, late and famous (or notorious) essay On a Supposed Right to Lie from Philanthropy (1797)– have been badly misunderstood. My principal aim here will be to correct that misunderstanding. (shrink)

Fraud is a pervasive and challenging problem that costs society large amounts of money. By no means all fraud is committed by ‘professional criminals’: much is done by ordinary people who indulge in small-scale opportunistic deception. In this paper, we set out to investigate when people behave dishonestly, for example by committing fraud, in an online context. We conducted three studies to investigate how the rejection of one’s efforts, operationalized in different ways, affected the amount of cheating and information falsification. (...) Study 1 demonstrated that people behave more dishonestly when rejected. Studies 2 and 3 were conducted in order to disentangle the confounding factors of the nature of the rejection and the financial rewards that are usually associated with dishonest behavior. It was demonstrated that rejection in general, rather than the nature of a rejection, caused people to behave more dishonestly. When a rejection was based on subjective grounds, dishonest behavior increased with approximately 10%, but this difference was not statistically significant. We subsequently measured whether dishonesty was driven by the financial loss associated with rejection, or emotional factors such as a desire for revenge. We found that rejected participants were just as dishonest when their cheating did not led to financial gain. However, they felt stronger emotions when there was no money involved. This seems to suggest that upon rejection, emotional involvement, especially a reduction in happiness, drives dishonest behavior more strongly than a rational cost-benefit analysis. These results indicate that rejection causes people to behave more dishonestly, specifically in online settings. Firms wishing to deter customers and employees from committing fraud may therefore benefit from transparency and clear policy guidelines, discouraging people to submit claims that are likely to be rejected. (shrink)

This paper uncovers a distinctively social type of injustice that lies in the kinds of wrongs we can do to each other specifically as social beings. In this paper, social injustice is not principally about unfair distributions of socio-economic goods among citizens. Instead, it is about the ways we can violate each other’s fundamental rights to lead socially integrated lives in close proximity and relationship with other people. This paper homes in on a particular type of social injustice, which we (...) can call social contribution injustice. The paper identifies two distinct forms of social contribution injustice. The first form involves compromising a person’s social resources so as to deny her adequate scope to contribute socially. The second form involves unjustly misvaluing a person as a social contributor, usually by not taking her seriously as a social contributor. (shrink)

The decision of the Court of Justice of the European Union (CJEU) in Google Spain v AEPD and Mario Costeja González enshrined the “right to forget” in the jurisprudence of the European Union. The judgment caused concern to transparency and open information advocates in terms of pitting a right to forget against the general right of the public to know. This, as this paper will argue, is a false distinction. The Internet is, and has always been, a (...) regulated space. Nor is the right to free expression, even in its American form, absolute. While there are genuine concerns about how the balance is struck, evolving practice is likely to identify what cases deserve deletion, to those that do not. The biggest challenge lies in how, and who, tests that balance as to what is removed from the search engines of the Internet. Finding material is important but forgetting may be just as vital to liberties as well. (shrink)

Samuel Golubchuk was unwittingly at the center of a medical controversy with important ethical ramifications. Mr. Golubchuk, an 84-year-old patient whose precise neurological level of function was open to debate, was being artificially ventilated and fed by a gastrostomy tube prior to his death. According to all reports he was neither brain dead nor in a vegetative state. The physicians directly responsible for his care had requested that they be allowed to remove the patient from life support against the wishes (...) of the patient's family. Concurrently the Manitoba College of Physicians and Surgeons released a statement which states that the final decision to withdraw life support lies with the physician. In our opinion the statement is ethically problematic for a number of reasons. 1. It is an affront to the guiding principles of Western medical ethics: patient autonomy and human freedom. 2. The position of Samuel Golubchuk's physicians and the new statement lack cultural sensitivity towards other traditions. 3. In modern society there exists an erosion of a basic attitude towards the value of life. 4. The ability of physicians to predict life expectancy in terminally ill patients has been shown repeatedly to be quite limited. (shrink)

Control over food supply was advanced in the kingdom of France in the Eighteenth century by Physiocrat economists under the seemingly advantageous label of 'freedom of grain trade'. In 1764 these reforms brought about a rise in grain prices and generated an artificial dearth that ruined the poor, some of whom died from malnutrition. The King halted the reform and re-established the old regime of regulated prices; in order to maintain the delicate balance between prices and wages, the monarchy tried (...) to limit speculation in subsistence goods and achieved some success in regulating the provisioning of public markets. Le Mercier de la Riviere concluded that executing these reforms required more effective political control. After 1774 the new king gave the Physiocratic reforms a second chance, reforming property rights and establishing an aristocracy of the landed rich. Again, this led to price hikes and as a result so-called 'popular emotions' erupted. Turgot ordered military intervention to dispel the protesters, marking a first rupture between the monarchy and the people over speculation on subsistence. Turgot's experiment failed and he was dismissed, but the Physiocracy had discovered that the market in subsistence offered new opportunities for economic power under the misleading legitimacy of 'economic laws'. Turgot's followers, Dupont de Nemours and Condorcet, continued to develop this 'theory' that was later translated into a 'scientific language' that ultimately asserted the autonomy of the economic sphere and its alleged independence from ethics and politics. The paper examines the continuity of events through the six great jacqueries and the French Revolution, including the all- important agrarian reform that ensued after 1792. Robespierre's concept of 'popular political economy' is analysed and compared with the notion of unfettered private property rights that lies at the heart of neoliberalism. (shrink)

The ostensible arguments advanced by Oliver O’Donovan for a confessionally Christian constitutional order are not persuasive, even in the terms of his own scheme, because they presuppose that such a confession may be required as a representative act. Within his theory lies, however, the assumption that confessing Christ is fundamental to all right decision-making, including the political. This renders the confession of Christ not merely a possibility for legitimate governments but rather essential to just political judgments. If O’Donovan’s ostensible (...) arguments prove too little, the underlying logic of his position claims too much. O’Donovan is mistaken in his assumption that political judgments must be placed within the same comprehensive moral vision as personal decisions. Because political judgments bear only an indirect relationship to absolute right they may be rightly made without the express confession of Christ in the constitutional order. (shrink)

The state regulates the way in which social power is exercised. It sometimes permits, enables, constrains, forbids how we may touch others, make offers, draw up contracts, use, alter, possess and destroy things that matter to people, manipulate, induce weakness of the will, coerce, engage in physical force, persuade, selectively divulge information, lie, enchant, coax, convince, … In each of these cases, we (sometimes unintentionally) get others to act in ways that serve our interests. Which such exercises of power should (...) the state forbid? Which should it permit? An intuitively appealing way to answer this question is, with Ripstein and Kant, to point to the role of freedom: exercises of social power can be legitimately prohibited when (and only when) they restrict people's freedom. But this raises a further question: How do we identify when such exercises of power make people unfree in the relevant sense? Ripstein, in defending Kant, draws a crucial distinction between actions that subject others’ wills to our choices (and which it would therefore be presumptively legitimate for the state to forbid) and actions that merely affect the contexts in which others act (and which it would therefore be presumptively illegitimate for the state to forbid). I query that distinction, and argue that the idea of independence cannot bear, on its own, the weight it is expected to bear within the Kantian framework. (shrink)

The ostensible arguments advanced by Oliver O’Donovan for a confessionally Christian constitutional order are not persuasive, even in the terms of his own scheme, because they presuppose that such a confession may be required as a representative act. Within his theory lies, however, the assumption that confessing Christ is fundamental to all right decision-making, including the political. This renders the confession of Christ not merely a possibility for legitimate governments but rather essential to just political judgments. If O’Donovan’s ostensible (...) arguments prove too little, the underlying logic of his position claims too much. O’Donovan is mistaken in his assumption that political judgments must be placed within the same comprehensive moral vision as personal decisions. Because political judgments bear only an indirect relationship to absolute right they may be rightly made without the express confession of Christ in the constitutional order. (shrink)

In this article I argue that it is possible to find, in the Groundwork, a perfect ethical duty to others not to lie to any other person, ever. This duty is not in the Doctrine of Virtue, or the Right to Lie essay. It is an exceptionless, negative duty. The argument given for this negative duty from the Universal Law formula of the Categorical Imperative is that the liar necessarily applies a double standard: do not lie (everyone else), and (...) lie (the liar). The basis for this double standard is a presumption of inequality: the liar treats others as less than her. However, this argument fails to exclude lies told to liars, since the liar applies a single standard in this case: (secretly) lie to those whom you believe are lying to you. The argument given for this negative duty from the Humanity formula of the Categorical Imperative is that the liar necessarily behaves in way towards the other person in a way to which she "cannot possibly" consent. However, this argument fails to exclude lies told to those who have consented to be lied to, without knowing which lies they are to be told. Kant's arguments, therefore, fail to generate a perfect exceptionalness negative duty not to lie to any person, ever. (shrink)

This paper analyses Steven Vogel's claim that his account of a post-natural environmental philosophy solves the dualism problem within the field. Through what I will call a novel critique of social constructionism, this paper examines whether Vogel's attempt succeeds or whether it reinforces the problem he wants to solve. Could the ontological foundations of social constructivism themselves be in conflict with Vogel's stated aim of overcoming the human/nature dualism? The last part of the paper focuses on the significance and role (...) of a post-natural environmental philosophy for the field of environmental philosophy in general. (shrink)

Donald Davidson once suggested that a liar ?must intend to represent himself as believing what he does not?. In this paper I argue that, while Davidson was mistaken about lying in a few important respects, his main insight yields a very attractive definition of lying. Namely, you lie if and only if you say something that you do not believe and you intend to represent yourself as believing what you say. Moreover, I show that this Davidsonian definition can handle counter-examples (...) that undercut four prominent definitions of lying: viz., the traditional intend-to-deceive definition, Thomas Carson's definition, Don Fallis's definition, and Andreas Stokke's definition. (shrink)

This article provides a philosophical analysis of a putative right of the child to have their expressed views considered in matters that affect them. Article 12 of the United Nations Convention on the Rights of the Child 1989 is an influential and interesting statement of that right. The article shows that the child’s ‘right to a voice’ is complex. Its complexity lies in the problem of contrasting an adult’s normative power of choice with a child’s weighted views, (...) in the various senses in which we might consider the child’s views, and in the questions of how to weight those views and how their weighting makes a practical difference in coming to a decision. In so doing we criticise other accounts that simply regard a child’s views as having consultative value. We also make better sense of how we might weight a child’s views. The philosophical issues addressed in the article carry implications for how we might understand Article 12 that are not satisfactorily identified and addressed in the voluminous literature on Article 12 within childhood studies. These issues also have implications for how we might understand the distinction between adults and children in respect of powers of personal choice. We conclude by emphasising the importance and value of the right that Article 12 seeks to formally identify. (shrink)

Background: Ethical issues related to comparative effectiveness research, or research that compares existing standards of care, have recently received considerable attention. In this paper we focus on how Ethics Review Committees should evaluate the risks of comparative effectiveness research. Main text: We discuss what has been a prominent focus in the debate about comparative effectiveness research, namely that it is justified when “nothing is known” about the comparative effectiveness of the available alternatives. We argue that this focus may be misleading. (...) Rather, we should focus on the fact that some experts believe that the evidence points in favor of one intervention, whereas other experts believe that the evidence favors the alternative. We will then introduce a case that illustrates this point, and based on that, discuss how ERCs should deal with such cases of expert disagreement. Conclusion: We argue that ERCs have a duty to assess the range of expert opinions and based on that assessment arrive at a risk judgment about the study under consideration. We also argue that assessment of expert disagreement is important for the assignment of risk level to a clinical trial: what is the basis for expert opinions, how strong is the evidence appealed to by various experts, and how can clinical trial monitoring affect the possible increased risk of clinical trial participation. (shrink)

Using the moral work on trust and lying, I argue that allowing or encouraging children to believe you are their biological parent when you are not is a breach of trust in the parent-child relationship. While other approaches focus on specific harms or the rights of the child, I make a virtue theory argument based on our understanding of trust, lies, and the nature of the parent-child relationship. Drawing heavily on Nancy Potter's virtue theory of trustworthiness, I consider the nature (...) of trust in the parent-child relationship and what this means for being a trustworthy parent. (shrink)

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of (...) persons "outside their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

This article provides a philosophical analysis of a putative right of the child to have their expressed views considered in matters that affect them. Article 12 of the United Nations Convention on the Rights of the Child 1989 is an influential and interesting statement of that right. The article shows that the child’s ‘right to a voice’ is complex. Its complexity lies in the problem of contrasting an adult’s normative power of choice with a child’s weighted views, (...) in the various senses in which we might consider the child’s views, and in the questions of how to weight those views and how their weighting makes a practical difference in coming to a decision. In so doing we criticise other accounts that simply regard a child’s views as having consultative value. We also make better sense of how we might weight a child’s views. The philosophical issues addressed in the article carry implications for how we might understand Article 12 that are not satisfactorily identified and addressed in the voluminous literature on Article 12 within childhood studies. These issues also have implications for how we might understand the distinction between adults and children in respect of powers of personal choice. We conclude by emphasising the importance and value of the right that Article 12 seeks to formally identify. (shrink)

The World Medical Association’s revised Declaration of Helsinki endorses the view that all trial participants in every country are entitled to the worldwide best standard of care. In this paper the authors show that this requirement has been rejected by every national and international committee that has examined this issue. They argue that the consensus view now holds that it is ethically permissible, in some circumstances, to provide research participants less than the worldwide best care. Finally, the authors show that (...) there is also consensus regarding the broad conditions under which this is acceptable. (shrink)