In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

In her seminal article ‘Modern Moral Philosophy’ (1958) Elizabeth Anscombe argued that we need a new ethics, one that uses virtue terms to generate absolute prohibitions against certain act-types. Leading contemporary virtue ethicists have not taken up Anscombe's challenge in justifying absolute prohibitions and have generally downplayed the role of rule-following in their normative theories. That they have not done so is primarily because contemporary virtue ethicists have focused on what is sufficient for characterizing the deliberation and (...) action of the fully virtuous person, and rule-following is inadequate for this task. In this article, I take up Anscombe's challenge by showing that rule-following is necessary for virtuous agency, and that virtue ethics can justify absolute prohibitions. First, I offer a possibility proof by showing how virtue ethics can generate absolute prohibitions in three ways: by considering actions that directly manifest vice or that cannot be performed virtuously; actions that are prohibited by one's institutional roles and practical identities; and actions that are prohibited by the prescriptions of the wise. I then seek to show why virtue ethicists should incorporate rule-following and absolute prohibitions into their theories. I emphasize the central role that rules have in the development of virtue, then motivate the stronger view that fully virtuous agents follow moral rules by considering the importance of hope, uncertainty about consequences, and taking responsibility for what eventuates. Finally, I provide an account of what Anscombe called a ‘corrupt mind’, explaining how our understanding of virtue is corrupted if we think that virtue may require us to do vicious actions. (shrink)

In Ethics Beyond Rules Keith Stanglin offers a clear and accessible resource for Christians who want to lead ethical lives today. Stanglin's easy-to-understand Christian ethic doesn't have a long list of rules to follow but instead bases moral decision-making on Christian love.

Harm-reduction approaches are used to reduce the burden of risky human behaviour without necessarily aiming to stop the behaviour. We discuss what an introduction of harm reduction for doping in sports would mean in parallel with a relaxation of the antidoping rule. We analyse what is ethically at stake in the following five levels: (1) What would it mean for the athlete (the self)? (2) How would it impact other athletes (the other)? (3) How would it affect the (...) phenomenon of sport as a game and its fair play basis (the play)? (4) What would be the consequences for the spectator and the role of sports in society (the display)? and (5) What would it mean for what some consider as essential to being human (humanity)? For each level, we present arguments for and against doping and then discuss what a harm-reduction approach, within a dynamic regime of a partially relaxed antidoping rule, could imply. We find that a harm-reduction approach is morally defensible and potentially provides a viable escape out of the impasse resulting from the impossibility of attaining the eradication of doping. The following question remains to be answered: Would a more relaxed position, when combined with harm-reduction measures, indeed have less negative consequences for society than today9s all-out antidoping efforts that aim for abstinence? We provide an outline of an alternative policy, allowing a cautious step-wise change to answer this question and then discuss the ethical aspects of such a policy change. (shrink)

Starting from a pragmatist point of view the paper dismisses the argument that ethical conduct is always based on knowledge of justifying and applying rules. In a first section I show that Plato and Kant already claimed that the originality of the ethical can’t be represented as either propositional knowledge or a norm, but is instead given to us in a way that is never fully available for our rational grasp. In a second section, I will address the ethical conclusions (...) James and Dewey draw from the fact that ethical demands can’t be translated into forms of knowledge. In a third section, I conclude with an argument for the originality of the ethical based on the thoughts of Stanley Cavell, stating that it is always something more than a mere competence in the sense of a knowledge of rules. (shrink)

It has recently been argued that the following Rule should be part of any characterization of science: Claims concerning specific disputed facts should be endorsed only if they are sufficiently supported by the application of validated methods of research or discovery, and moreover that acceptance of this Rule should lead one to reject religious belief. This paper argues, first, that the Rule, as stated, should not be accepted as it suffers from a number of problems. And (...) second, that even if the Rule were to be acceptable, it should not lead one to reject religious belief. (shrink)

Institutional operability refers to the normative conditions governing the exercise of power of office that makes an institution work. Because institutional action occurs by the interrelated actions of the officeholders, a focus on institutional operability requires the analysis and assessment of the officeholders’ conduct in their institutional capacity. This article distinguishes two perspectives on operability: ‘outward’ and ‘inward.’ The outward view emphasizes predefined instructions for efficient execution, focusing on rule-following to achieve institutional purposes. The inward perspective highlights role-playing (...) and reflective engagement among officeholders to uphold an institution’s raison d’être. The inward perspective brings to the fore the relational aspect of institutional life and officeholders’ interrelated responsibility for guiding institutional action. (shrink)

It has recently been argued that the following Rule should be part of any characterization of science: Claims concerning specific disputed facts should be endorsed only if they are sufficiently supported by the application of validated methods of research or discovery, and moreover that acceptance of this Rule should lead one to reject religious belief. This paper argues, first, that the Rule, as stated, should not be accepted as it suffers from a number of problems. And (...) second, that even if the Rule were to be acceptable, it should not lead one to reject religious belief. (shrink)

Moral particularists have seen Wittgenstein as a close ally. One of the main reasons for this is that particularists such as Jonathan Dancy and John McDowell have argued that Wittgenstein's so-called "rule-following considerations" (RFCs) provide support for their skepticism about the existence and/or role of rules and principles in ethics. In this paper, I show that while Wittgenstein's RFCs challenge the notion that competence with language, i.e., the ability to apply concepts properly, is like mechanically following (...) a rule, he does not reject the idea that there are rules that govern proper use of language. I then argue that while the RFCs may, at best, support a weak form of particularism that denies that moral competence is dependent on an explicit grasp of rules, they do not support a stronger version of particularism that denies that there are any true rules or principles in ethics. (shrink)

What should we do when faced with powerful theoretical arguments that support a severe change in our personal beliefs and commitments? For example, what should new parents do when confronted by unanswered anti-natalist arguments, or two lovers vexed by social theory that apparently undermines love? On the one hand, it would be irrational to ignore theory just because it’s theory; good theory is evidence, after all. On the other hand, factoring in theory can be objectifying, or risks unraveling one's life, (...) fracturing one's identity or social relations. Sometimes, then, following the evidence where it apparently leads would mean not merely changing what we think but who we are. Some might say that there’s something right about the thought that theory can bear on what we ought to believe, it’s just that when we work with full beliefs, only then do we seriously risk having to substantially alter our doxastic economy when pressed by exceptional theoretical arguments. When we work with partial beliefs, however, this risk is greatly diminished. Others will say that we can advocate or champion revisionary positions whilst rationally retaining our pre-theoretical personal convictions. Still others will argue that we should adopt a Moorean posture towards the revisionary arguments. I argue that each response is inadequate, and argue instead that we are permitted to bracket certain kinds of theoretical evidence against our beliefs because of the personal and ethical risks born out of giving them serious consideration. In turn, some of philosophy's doxastic influence is constrained by its attendant ethical risks: the personal enjoys a partial insulation from the theoretical. I close by addressing what this means for practicing philosophers. (shrink)

Semantic holists view what one's terms mean as function of all of one's usage. Holists will thus be coherentists about semantic justification: showing that one's usage of a term is semantically justified involves showing how it coheres with the rest of one's usage. Semantic atomists, by contrast, understand semantic justification in a foundationalist fashion. Saul Kripke has, on Wittgenstein's behalf, famously argued for a type of skepticism about meaning and semantic justification. However, Kripke's argument has bite only if one understands (...) semantic justification in foundationalist terms. Consequently, Kripke's arguments lead not to a type of skepticism about meaning, but rather to the conclusion that one should be a coherentist about semantic justification, and thus a holist about semantic facts. (shrink)

This book provides a thorough critical overview of the current debate on the ethics of war, as well as a modern just war theory that can give practical action-guidance by recognizing and explaining the moral force of widely accepted law. Traditionalist, Walzerian, and "revisionist" approaches have dominated contemporary debates about the classical jus ad bellum and jus in bello requirements in just war theory. In this book, Uwe Steinhoff corrects widely spread misinterpretations of these competing views and spells out (...) the implications for the ethics of war. His approach is unique in that it complements the usual analysis in terms of self-defense with an emphasis on the importance of other justifications that are often lumped together under the heading of "lesser evil." It also draws on criminal law and legal scholarship, which has been largely ignored by just war theorists. Ultimately, Steinhoff rejects arguments in favor of "moral fundamentalism"-- the view that the laws and customs of war must simply follow an immutable morality. In contrast, he argues that widely accepted laws and conventions of war are partly constitutive of the moral rules that apply in a conflict. The Ethics of War and the Force of Law will be of interest to scholars and advanced students working in just war theory, applied ethics, political philosophy, political theory, philosophy of law, and criminal and military law. (shrink)

The Hoffman Report scandal demonstrates that ethics is not objective and ahistorical, contradicting the comforting progressive story about ethics many students receive. This modern-day ethical failure illustrates some of the weaknesses of the current ethics code: it is rule-based, emphasizes punishments for noncompliance, and assumes a rational actor who can make tricky ethical decisions using a cost–benefit analysis. This rational emphasis translates into pedagogy: the cure for unethical behavior is more education. Yet such an approach seems (...) unlikely to foster ethical behavior in the real world, either for students or for mature scientists. This article argues for an alternative ethical system and a different way of teaching ethical behavior. Virtue ethics emphasizes the development of ethical habits and traits through regular practice and reflection. We show how virtue ethics complements a feminist approach to science, in which scientists are encouraged to reflect on their own biases, rather than attempting to achieve an impossible objectivity. Our article concludes with pedagogical suggestions for teaching ethical behavior as a practical and intelligent skill. (shrink)

This paper raises a moral issue for contemporary post-revolutionary Muslim intellectuals in Iran. According to traditional Islamic philosophers such as Al-Ghazali, ethics, following what Prophet Mohammed said, must transcend people form this mundane world. If this is so, ethics would need to teach people how to improve their virtues. Most of the contemporary Muslim intellectuals tried to pave the way for accomplishing this goal. After clarifying the reasons why new Muslim intellectuals have faith in virtue ethics, (...) as the best possible moral normative theory, I claim that virtue ethics fails to support some of our modern problems, such as human rights. Also, I argue that virtue ethics is not the best theory for ordinary average people who have a weak will. A preliminary conclusion of the paper will be that Utilitarianism, generally, and principle of utility, specifically, can do this job better. This has been overlooked by new Muslim intellectuals, according to my opinion. Yet, I suggest that among different versions of Utilitarianism, Rule-Utilitarianism is more suitable for this role. (shrink)

Business Ethics: A European Review, EarlyView.

Normative theories of argumentation tend to assume that logical and dialectical rules suffice to ensure the rationality of argumentative discourse. Yet, in everyday debates people use arguments that seem valid in light of such rules but nonetheless biased and tendentious. This article seeks to show that the rationality of argumentation can only be fully promoted if we take into account its ethical dimension. To substantiate this claim, I review some of the empirical evidence indicating that people’s inferential reasoning is systematically (...) affected by a variety of biases and heuristics. Insofar as these cognitive illusions are typically unintentional, it appears that arguers may be biased despite their well-intended efforts to follow the rules of critical argumentation. Nevertheless, I argue that people remain responsible for the rationality of their arguments, given that there are a number of measures that they can (and ought to) take to avoid such distortions. I highlight the importance of argumentational virtues and critical thinking to rational debates, and describe a set of indirect strategies of “argumentative self-control”. (shrink)

In On Virtue Ethics I offered a criterion for a character trait's being a virtue according to which a virtuous character trait must conduce to, or at least not be inimical to, four ends, one of which is the continuance of the human species. I argue here that this does not commit me to homosexuality's being a vice, since homosexuality is not a character trait and hence not up for assessment as a virtue or a vice. Vegetarianism is not (...) up for such assessment either, for the same reason, but, as a practice, may well be required by the virtue of compassion, and sacrificing one's life for an animal or alien may be required by courage. The clause about the continuance of the human species in my criterion does not specify a foundational value, because, following McDowell, I reject foundationalism. (shrink)

This essay addresses the collapse/incoherence problem for normative frameworks that contain both fundamental values and rules for promoting those values. The problem is that in some cases, we would bring about more of the fundamental value by violating the framework’s rules than by following them. In such cases, if the framework requires us to follow the rules anyway, then it appears to be incoherent; but if it allows us to make exceptions to the rules, then the framework “collapses” into (...) one that doesn’t make use of rules in the first place. The chapter begins with an examination of happiness and truth as fundamental values in Mill’s work, which lead into parallel versions of the collapse/incoherence problem in ethics and epistemology. It then sets out the collapse problem for rule-consequentialist approaches in ethics, truth-directed accounts of justification in epistemology, and epistemological approaches to argument cogency. The chapter closes with discussion of two potential solutions to the problem. (shrink)

Affectively uncomfortable concern, anxiety, indecisionand disputation over ‘right’ action are among the expressions of moral tension associated with ethical dilemmas. Moral tension is generated and experienced by people. While ethical principles, rules and situations must be worked through in any dilemma, each occurs against a backdrop of people who enact them and stand much to gain or lose depending on how they are applied and resolved. This paper attempts to develop a taxonomy of moral tension based on its intrapersonal and (...) interpersonal sources and expressions. The proposed ‘ethics of incongruity’ outlines ways in which values, actions and needs can find themselves mismatched in morally relevant ways between patients and their clinicians, their own psychologies and their societies. Patient–clinician incongruities may manifest as discord, value misalignment and deception. Patient–patient incongruities may manifest as incapacity, akrasia and self-deception. Patient–society incongruities may manifest as disenfranchisement, disaffiliation and disregard. Brief explanations of the incongruities in this scheme are provided, as are suggestions on working within them. Using concepts from moral philosophy when applicable, these suggestions may either ease direct resolution of problems arising from the incongruities, or make sense of the moral tension that arises from the human context of the ethical dilemma at hand. This presentation of content and resolution methods for the EOI is no doubt incomplete. Hopefully, refinement of this preliminary proposal will follow, particularly from clinicians, as the ones who, along with their patients, experience medical ethics in directly tension-inducing ways. (shrink)

Drawing on previous empirical research, we provide an exemplary narrative to illustrate how patients have experienced hospital care organized according to evidence‐based fast‐track programmes. The aim of this paper was to analyse and discuss if and how it is possible to include patients’ individual perspectives in an evidence‐based practice as seen from the point of view of nursing theory. The paper highlights two conflicting courses of development. One is a course of standardization founded on evidence‐based recommendations, which specify a set (...) of rules that the patient must follow rigorously. The other is a course of democratization based on patients’ involvement in care. Referring to the analysis of the narrative, we argue that, in the current implementation of evidence‐based practice, the proposed involvement of patients resembles empty rhetoric. We argue that the principles and values from evidence‐based medicine are being lost in the transformation into the current evidence‐based hospital culture which potentially leads to a McDonaldization of nursing practice reflected as ‘one best way’. We argue for reviving ethics of care perspectives in today's evidence practice as the fundamental values of nursing may potentially bridge conflicts between evidence‐based practice and the ideals of patient participation thus preventing a practice of ‘McNursing’. (shrink)

Ethics in sport demand not only that we respect ourselves and others, but also that we respect sport itself. But the question of respecting sport seems to create a kind of moral dilemma between the obligation to “play one’s best” by maximizing performance, and the obligation to follow rules and traditions that ban the use of ergogenic aids. It is often argued that bans on performance-enhancing substances, equipment, and training techniques are paternalistic and violate athletes’ liberty to rationally accept (...) risks in their pursuit of excellence. Against advocates for the legalization of ergogenic aids, however, I argue in this paper that such bans must be respected because they are an essential part of the nature of sport. Whether one understands sports metaphysically to be Suits’ “voluntary attempt to overcome unnecessary obstacles” or a MacIntyrean social practice, inefficiency of means is an essential component sport that demands respect from all participants. The performance principle in sport is ontologically posterior to the prescription of inefficiencies upon which sport depends, so ethical respect for sport demands that we limit the efficiencies provided by ergogenic aids. (shrink)

This book synthesizes the game-theoretic modeling of decision-making processes and an ancient moral requirement, called the Golden Rule of ethics (GR). This rule states, "Behave to others as you would like them to behave to you." The GR is one of the oldest, most widespread and specific moral requirements that appear in Christianity, Islam, Judaism, Buddhism, and Confucianism. The book constructs and justifies mathematical models of dynamic socio-economic processes and phenomena that reveal the mechanism of the GR (...) and are based on the concept of Berge equilibrium. The GR can be naturally used for resolving or balancing conflicts, and its "altruistic character" obviously excludes wars, blood-letting, and armed clashes. The previous book of the authors, The Berge Equilibrium: A Game-Theoretic Framework for the Golden Rule of Ethics, covers the static case of the GR. In this book, the dynamic case of the GR is investigated using the altruistic concept of Berge equilibrium and three factors as follows: a) a modification of N.N. Krasovskii's mathematical formalization of differential positional games (DPGs), in view of the counterexamples given by A.I. Subbotin and A.F. Kononenko; b) the method of guiding control, proposed by N.N. Krasovskii; c) the Germeier convolution of the payoff functions of different players. Additionally, the book features exercises, problems, and solution tips collected together in Appendix 1, as well as new approaches to conflict resolution as presented in Appendices 2-4. The book will be of use to undergraduate and graduate students and experts in the field of decision-making in complex control and management systems, as well as anyone interested in game theory and applications. (shrink)

This article introduces and discusses the initial results of a survey focused on the contents, role and effectiveness of company codes of ethics. The article examines the contents of the codes of ethics of companies operating in the private sector in Italy, quoted on the Italian Stock Exchange (Standard& Poor/Mib-Milano Indice Borsa). The purpose of this investigation was to identify any correlations between sector characteristics and the contents of the codes of ethics, which would enable us to (...) map out the main principles followed in writing the companies' codes of ethics. The analysis was conducted in order to ascertain whether there were common factors deriving from the shared ethical questions faced by the companies operating in the same sector of activity. As the first step, the 40 companies were subdivided into three main economic categories -Industrial, Financial and Service. Then the contents of each code of ethics were evaluated and classified in accordance with different criteria. The main categories of classification were based on -general principles, social values, rules of conduct, relationships with third parties, implementation and sanctions. The next objective was to investigate whether these characteristics were due to the regulation of the sector of reference, the existence of sector benchmarks for best practice, or simply companies' voluntary stance on ethical issues. The main conclusions were that the codes of ethics of the Italian companies that we analysed do not seem to show relevant differences traceable to sector of activity, and their adoption is affected by several reasons other than intentionally ethical considerations. (shrink)

This chapter focuses on the appetite for self-preservation and its central role in Francis Bacon’s natural philosophy. In the first part, I introduce Bacon’s classification of universal appetites, showing the correspondences between natural and moral philosophy. I then examine the role that appetites play in his theory of motions and, additionally, the various meanings accorded to preservation in this context. I also discuss some of the sources underlying Bacon’s ideas, for his views about preservation reveal traces of Stoicism, Telesian natural (...) philosophy, the natural law tradition, as well as late-scholastic ideas. Bacon assumes the existence of two kinds of preservation: self-preservation and preservation of the whole. The appetite through which the whole preserves itself overpowers individual appetites for self-preservation. In Bacon’s theory of motions, the primacy of global preservation – that is, the preservation of the whole – is evidenced by the way matter resists being annihilated, while self-preservation at a local and particular level is revealed through other kinds of motion. Bacon’s notion of appetite reflects a specific metaphysics of matter and motion, in which the preservation of natural bodies follows teleological patterns shared by both nature and humanity: the preservation of the whole is the highest goal, both in moral and natural philosophy. In this chapter, I argue that in Bacon’s natural philosophy different kind of things, including nature and humans, are ruled by patterns that are constitutive of correlated orders, neither of which is reducible to the other: there is no priority of the natural order over the moral, or vice versa. Thus, at a more general level, both are expressions of the same type of divinely imposed, law-like behaviour. (shrink)

Approaches to business ethics can be roughly divided into two streams: ‹codes of behavior’ and ‹forms of subjectification’, with code-oriented approaches clearly dominating the field. Through an elaboration of poststructuralist approaches to moral philosophy, this paper questions the emphasis on codes of behaviour and, thus, the conceptions of the moral and responsible subject that are inherent in rule-based approaches. As a consequence of this critique, the concept of a practice-based ‹ethics of responsiveness’ in which ethics is (...) never final but rather always ‹to come’, is investigated. In such an approach the ethical self is understood as being continuously constituted within power/knowledge relations. Following this line, we ask how one can become a responsible subject while also acknowledging certain limits of full responsibility. We thereby explore responsibility as a considered but unconditional openness in response to the other. (shrink)

Critics of transnational commercial surrogacy frequently call our attention to the race, class, and cultural background of surrogates in the global South. Consider the following sampling from the critics: "the women having babies for rich Westerners have been pimped by their husbands and are powerless to resist" (Bindel 2011); our "rules of decency seem to differ when the women in question are living in abject poverty half a world away" (Warner 2008); and we should worry that "women of color (...) are easier to commodify" (Smerdon 2008, 51-52). Critics suggest—rightly, in my view—that the race, class, and culture of Southern surrogates matter to the moral acceptability of transnational surrogacy. But how, precisely, do .. (shrink)

It is commonly assumed that the pre-codified, customary law of war had little true influence on the decisions or behavior of combatants in the western world. Evaluating this assumption concerning the custom (or norm) of the giving of quarter to enemy combatants in the Texas War of Independence of 1835--1836, this paper finds a strong and widely accepted norm on this subject already by the early 19th century, which exerted significant influence on the behavior in and the results and consequences (...) of the war. The following of this custom of war by the Texian Army, on the one hand, and its intentional and preplanned breaking by the Mexican army headed by Santa Anna for the supposed military and psychological benefits that would accrue from it, on the other, such as in the cases of the Alamo and Goliad, led to severe internal and external consequences for the Mexican side in the short and long term that greatly contributed to their failure to achieve their objectives and to the Texian success in achieving theirs. These consequences indicate the importance of the norms of warfare, even in the pre-codification era, and the major potential costs involved in their breaking or disregard by decision makers. (shrink)

IRBs and REBs use specialized language. A process of definition and re-definition of the situation occurs. That process of interpretation can usefully be considered from the perspective of interpretive social science models involving Symbolic Interaction, Semiotics and Hermeneutics. Seven examples are provided to flesh out the nuances of contextual decision making and the “casuistic” aspects of a balanced approach to complex problems. While many decisions are relatively unproblematic and can follow a template, it is not possible simply to apply a (...) fixed and mechanical approach. Hence, a socialization process occurs in which committee members must learn the actual application of the rules as opposed to the formal requirements. A “tightrope” between overly rigid and overly lax interpretations must be crossed and the more we understand the process of semiosis and the semiotic context the more likely it will be that truly ethical decisions will be “accomplished.” The lack of adequate survey data makes it all the more important to have good theoretical understanding of process. (shrink)

This paper proposes a causal-dispositional account of rule-following as it occurs in reasoning and intentional agency. It defends this view against Kripke’s (1982) objection to dispositional accounts of rule-following, and it proposes a solution to the problem of deviant causal chains. In the first part, I will outline the causal-dispositional approach. In the second part, I will follow Martin and Heil’s (1998) realist response to Kripke’s challenge. I will propose an account that distinguishes between two kinds (...) of rule-conformity and two kinds of rule-following, and I will defend the realist approach against two challenges that have recently been raised by Handfield and Bird (2008). In the third part, I will turn to the problem of deviant causal chains, and I will propose a new solution that is partly based on the realist account of rule-following. (shrink)

Ender's tortured conscience is an illustration of the moral importance of following principles of just war theory—the “unspoken rules of manly warfare”—and their apparent tension with the demands of war and survival. This chapter talks about the ethics of conflict in Ender's various games—his battles and wars. It asks, was justice served in the Third Invasion and destruction of the bugger worlds, the event that came to be called the xenocide. Ender's life is actually a testimony to the (...) just war axiom that all people desire peace. In the tradition of just war theory, there are five principles that lay out the requirements of jus ad bellum, or how to go to war in an ethical way. They include just cause, legitimate authority, right intention, probability of success, and last resort. Ender's strategy is always to use devastating force to incapacitate the enemy. (shrink)

In this paper I explore what the P4C philosophical novel can contribute to deciding how we should use ethical rules in moral education. As I see it the philosophical novel urges us to regard ethical rule-following with some suspicion. Instead we are directed to appreciate the particular contexts and circumstances of ethical thinking, saying, and doing. But if we don’t teach ethics by the rules, then what is the alternative pedagogy? One possibility is to cultivate ethical expertise (...) by analogy to an epistemic skill model of practical activity, as some moral particularists have urged. Employing a skill model has significant implications for teaching ethics in a wide range of institutional settings where general rules and principles typically prevail. (shrink)

In today's society some have argued that the legal profession's codes of conduct are a hodgepodge of rules without any clear ethical basis. In this text, Boon and Levin systematically address this compelling issue. Some of the major questions raised are as follows: Is self-regulation crucial to the survival of the legal profession? What fundamental philosophical principles govern ideas of professional conduct? Are the present codes regulating solicitors and barristers consistent with these principles? And, looking forward, are they appropriate when (...) the legal profession faces radical social, political and economic change? While this text focuses on the dynamics of the justice system in England and Wales, the overall issue of ethics and conduct in regards to law holds worldwide interest. Students, teachers and practitioners will find this the first comprehensive and interdisciplinary guide to and analysis of professional conduct and ethics. (shrink)

ABSTRACT:This article examines the place of Machiavelli’sPrincein the history of ethics and the history of leadership philosophy. Close scrutiny indicates that Machiavelli advances an ethical system for leadership that involves uprooting corruption and establishing rule of law. He draws on history and current affairs in order to obtain a realistic understanding of human behavior that forms a basis for a consequentialist ethics. While he claims a good leader might do bad things, this is in situations where necessity (...) constrains a prince to choosing the “least bad” course of action. Furthermore, Machiavelli advocates winning the goodwill of followers through leadership as a source of power. Machiavelli’s leadership ethics has a sophistication not fully enjoyed by his reputation in management scholarship. He would not score as especially “Machiavellian” on the Mach IV. Many of his ideas contain seeds for theories that are now considered important for leadership today. (shrink)

In his third and final investigation into the science of belief, bestselling author Michael Shermer tackles the evolution of morality and ethics A century and a half after Darwin first proposed an “evolutionary ethics,” science has begun to tackle the roots of morality. Just as evolutionary biologists study why we are hungry (to motivate us to eat) or why sex is enjoyable (to motivate us to procreate), they are now searching for the roots of human nature. In The (...) Science of Good and Evil , psychologist and science historian Michael Shermer explores how humans evolved from social primates to moral primates, how and why morality motivates the human animal, and how the foundation of moral principles can be built upon empirical evidence. Along the way he explains the im-plications of statistics for fate and free will fuzzy logic for the existence of pure good and pure evil and ecology for the development of early moral sentiments among the first humans. As he closes the divide between science and morality, Shermer draws on stories from the Yanamamo, infamously known as the “fierce people” of the tropical rain forest, to the Aum Shinrikyo cult in Japan, to John Hinckley’s insanity defense. The Science of Good and Evil is ultimately a profound look at the moral animal, belief, and the scientific pursuit of truth. (shrink)

Introduction -- Instrumental rationality -- Social order -- Deontic constraint -- Intentional states -- Preference noncognitivism -- A naturalistic perspective -- Transcendental necessity -- Weakness of will -- Normative ethics.

The text reconstructs the protocol of 'victory' as part of the interruption of enmity and establishment of temporary peace. Different understandings of the enemy and enmity imply that victory in war and cessation of conflict can essentially determine the way war is conducted, and that they follow rules of war. Victory is supposed to be a crucial moment that characterizes the ethics of war. Particular testimonies and thematizations of victory in the Orthodox Christian tradition can provide an intro-duction into (...) a potential ethics of war that could ensure a new relationship towards the enemy and killing the enemy. (shrink)

Etymologically, autonomy is the ability to give oneself rules and follow them. It is an important principle of medical ethics, which can sometimes raise some tensions in the care relationship. We propose a new definition of ethics, the ethics of heteronomy: a self-normative, discursive and responsible autonomy. Autonomy cannot be considered without the responsibility each person must have towards others. In the care relationship, autonomy would be more the ability of each person to reach out to others (...) than the ability to decide alone. The care relationship must be seen as an accompaniment of equals where each person allows the other to be rephrased. Autonomy would then no longer be absolute but relative to each situation. Being autonomous would become an ability for adaptation of the patient-doctor pair. The accompaniment allows the birth of a relationship of trust, giving the patient and the doctor the ability to touch and let themselves be touched, thus making each one progress in this reciprocal dialectic. The care relationship becomes the possibility of considering autonomy as a collective and not as an individual notion only. Paradoxically, by promoting the autonomy of the patient-doctor pair, they both develop their own autonomy. (shrink)

Pregnant adolescents have a higher risk of poor maternal and fetal outcomes, particularly in the setting of concomitant maternal alcohol and other drug (AOD) use. Despite numerous programmes aimed at reducing overall teen pregnancy rates and the recognition of AOD use as a risk factor for unintended pregnancy in adolescents, interventions targeting this specific group have been sparse. In adult drug-using women, financial incentives for contraception have been provided but are ethically controversial. This article explores whether a trial could ethically (...) employ monetary incentives in adolescents with AOD use to promote the use of long-acting reversible contraception (LARC), with special attention to the relevant distinctions between adults and adolescents. We conclude that a trial of incentives to promote LARC in this patient population is ethically permissible if the incentives are small, are tied to completion of an educational activity to minimise the quick fix temptation and potential for non-attendance to the risks and benefits of LARC and are provided only to the adolescent after an assessment of her reasoning to rule out coercion (eg, by guardians) as motivation. Information about treatment for AOD use and follow-up care in case of problems with the contraceptive or desire for removal should also be provided. Before implementing such a trial, qualitative research with input from providers, potential patients and their parents should be conducted to inform the programme's specific structure. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 14.1 (2004) 47-54 [Access article in PDF] Ethical Guidelines for Human Embryonic Stem Cell Research*(A Recommended Manuscript) Adopted on 16 October 2001Revised on 20 August 2002 Ethics Committee of the Chinese National Human Genome Center at Shanghai, Shanghai 201203 Human embryonic stem cell (ES) research is a great project in the frontier of biomedical science for the twenty-first century. Be- cause the (...) research involves the use of human embryos, it triggers serious debate on ethical issues. Opponents consider the embryo to be an early form of human life that should be respected and not destroyed. However, the majority of scientists support embryonic stem cell research, believing that it offers good prospects for the treatment of diseases that have remained incurable until now and so will benefit humankind. The Ethics Committee of the Department of Ethical, Legal, and Social Implications of the Chinese National Human Genome Center at Shanghai seriously discussed the ethical debate initiated by embryonic stem cell research. We concluded that we should support the scientists of our country in actively carrying out human embryonic stem cell research for the noble cause of "medicine being a beneficent art." For the healthy and orderly development of human embryonic stem cell research in our country, we put forward the following recommended Ethical Guidelines for Human Embryonic Stem Cell Research as a reference for leaders, administrative departments, and related scientists. Preface Article 1. Human embryonic stem cells are the primitive cells that play the main role in the growth and development of a human body. These [End Page 47] primitive cells have the potential for infinite proliferation, self-renewal, and multi-directional differentiation. If scientists can discover the mechanism of differentiation of human embryonic stem cells, it will be possible to induce differentiation of human embryonic stem cells to form various types of human cells for clinical cell therapy. If human embryonic stem cell research can be integrated with modern biomedical engineering techniques, it also will be possible to make repair and replacement of human tissues and organs a reality. Article 2. There are two ways to classify human embryonic stem cells. One way is to classify them according to their potential for differentiation. There could be three kinds of stem cells: totipotent stem cells, pluripotent stem cells, and unipotent stem cells.A totipotent stem cell has the potential to develop into a whole individual. It can differentiate into the more than 200 cell types in the whole body, construct any tissue or organ of the body, and finally develop into a whole individual. The fertilized egg and the cleavage cells at the very early stage of embryonic development are totipotent stem cells.A pluripotent stem cell has the potential to differentiate into many cell types derived from the three embryonic layers. However, it has lost the capacity to develop into a complete organism.A unipotent stem cell is derived from the further differentiation of the pluripotent stem cell. It can differentiate only into one cell type such as a hematopoietic stem cell, neural stem cell, and others.The other way is to classify human stem cells according to their source. There could be two kinds of human stem cells: embryonic stem cells and tissue stem cells (also called adult stem cells). The former involves experimentation with embryos, which has serious ethical implications. Ethical issues associated with the latter are mainly expressed in the various opinions regarding the allocation of health resources. Article 3. Human embryonic stem cells are the group of cells called the blastocyst inner cell mass during the early stage of embryonic development. They are the main source of totipotent stem cells, and hence the focal and hot point in stem cell research. Studies on the clinical application of embryonic stem cells probably will involve use of the somatic cell nucleus transfer (SCNT) technique, which destroys the early human embryo. At present, the ethical and moral debate is very serious in human embryonic stem cell research regarding whether the research will develop... (shrink)

Handfield and Bird claim that dispositionalists such as Martin and Heil appeal to antidotes and finks to explain why and how a conditional analysis of dispositions falls to Kripke's criticisms, but fail. The main reason is that some antidotes and finks are unavoidably intrinsic and relatively permanent in an agent, in which case the ascription of a rule-following disposition to the agent is false. In this paper, I contend that the presence of intrinsic and relatively permanent finks or (...) antidotes does not imply the absence of a rule-following disposition; some additional condition is needed for this implication to go through, but remains wanting. I end the paper with a discussion of where the real challenge lies for realist dispositionalism. (shrink)

Most donated organs in the United States come from brain dead donors, while a small percentage come from patients who die in “controlled,” or expected, circumstances, typically after the family or surrogate makes a decision to withdraw life support. The number of organs available for transplant could be substantially if donations were permitted in “uncontrolled” circumstances–that is, from people who die unexpectedly, often outside the hospital. According to projections from the Institute of Medicine, establishing programs permitting “uncontrolled donation after circulatory (...) determination of death,” or uDCDD, throughout the United States has the potential to provide 22,000 more donation opportunities annually. In contrast, U.S. controlled donation after circulatory determination of death, or cDCDD, cases have increased progressively over the past decade from 87 to 848 donors, but currently account for only 10.6 percent of all deceased donors. Following the IOM recommendations, several projects exploring the feasibility of uDCDD were funded by the federal government, including a grant from the Health Resources and Services Administration that supported a pilot project in New York City in which the authors of this article participated.A key feature of our protocol, and indeed of many uDCDD protocols, is the initiation of preservation methods such as chest compressions and extracorporeal membrane oxygenation shortly after death in order to perfuse and preserve the donor's organs. Critics of uDCDD argue that the means of determining death deviates from generally ascribed principles. They assert that reinstituting circulation in order to preserve organs has the effect of “undoing” the prior determination of death. The result is that cDCDD is widely accepted and practiced routinely even though it only marginally increases the number of organs available for transplantation, and uDCDD is widely considered unacceptable despite being ethically embraced and proven to significantly increase organ donation opportunities in other countries. This article explores the evolution of this counterintuitive state of affairs and calls for a policy that, in line with the IOM report, allows for both cDCDD and uDCDD protocols. (shrink)

How should politicians act? When should they try to lead public opinion and when should they follow it? Should politicians see themselves as experts, whose opinions have greater authority than other people's, or as participants in a common dialogue with ordinary citizens? When do virtues like toleration and willingness to compromise deteriorate into moral weakness? In this innovative work, Andrew Sabl answers these questions by exploring what a democratic polity needs from its leaders. He concludes that there are systematic, principled (...) reasons for the holders of divergent political offices or roles to act differently. Sabl argues that the morally committed civil rights activist, the elected representative pursuing legislative results, and the grassroots organizer determined to empower ordinary citizens all have crucial democratic functions. But they are different functions, calling for different practices and different qualities of political character. To make this case, he draws on political theory, moral philosophy, leadership studies, and biographical examples ranging from Everett Dirksen to Ella Baker, Frances Willard to Stokely Carmichael, Martin Luther King Jr. to Joe McCarthy. Ruling Passions asks democratic theorists to pay more attention to the "governing pluralism" that characterizes a diverse, complex democracy. It challenges moral philosophy to adapt its prescriptions to the real requirements of democratic life, to pay more attention to the virtues of political compromise and the varieties of human character. And it calls on all democratic citizens to appreciate "democratic constancy": the limited yet serious standard of ethical character to which imperfect democratic citizens may rightly hold their leaders--and themselves. (shrink)

I here discuss Hegel's rule-following considerations as they are found in the first four chapters of his Phenomenology of Spirit. I begin by outlining a number of key premises in Hegel's argument that he adopts fairly straightforwardly from Kant's Transcendental Deduction. The most important of these is that the correctness or incorrectness of one's application of a rule must be recognizable as such to the rule-follower. Supplementing Hegel's text as needed, I then argue that it is (...) possible for an experiencing subject to follow a rule only where there is a community of individuals whose agreement can provide a standard for the correctness and incorrectness of his use. I further argue that a community must consist of members that are compresent, and thus that a collection of time-slices of an individual will not serve this purpose. I conclude by raising a potential problem for Hegel's account of rule-following concerning the correctness and incorrectness of the judgments of a community, and pointing to a possible line of response to this problem. (shrink)

The role of rules in our normative practices constitutes a relevant philosophical problema, mainly associated with Wittgenstein’s philosophy, but to which Michael Oakeshott has also attempted to answer. Not surprisingly, some scholars have found parallels between their conceptions of human practices and rule-following. Through an exegesis of the notion and uses of the rule in Oakeshott's works, this article aims to clarify the link between rule-following and normative authorization. In this way, it will be possible (...) to to decide the originality and specificity of Oakeshott’s contribution and settle the question of the differences with the Wittgensteinian problematization of rule-following. (shrink)

The Covid‐19 pandemic has created a clinical environment in which health care practitioners are experiencing moral distress in numerous and novel ways. In this narrative reflection, a pediatric palliative care physician explores how his hospital's strict visitation policy set the stage for moral distress when, in the early months of the pandemic, it prevented two parents from being together at the bedside of their dying child.

In recent works, Chomsky has once more endorsed a computational view of rulefollowing, whereby to follow a rule is to operate certain computations on a subject’s mental representations. As is well known, this picture does not conform to what we may call the grammatical conception of rule-following outlined by Wittgenstein, whereby an elucidation of the concept of rule-following is aimed at by isolating grammatical statements regarding the phrase ‘to follow a rule’. As a result, (...) Chomskyan and Wittgensteinian treatments of topics immediately connected with rule-following, namely linguistic competence and understanding, are utterly different from one another. There are two possible stances that computationalists like Chomsky may adopt with regard to the discrepancy between the two aforementioned modes of dealing with rule-following, namely a conciliatory and a non-conciliatory attitude. According to the former attitude, grammatical remarks on and computationallyoriented theories of rule-following investigate one and the same topic although admittedly at different levels, namely a conceptual and an empirical one. According to the latter attitude, grammatical remarks are just a preliminary step in the investigation of rule-following which scientific advancement, presently represented by computationally-oriented theories on this matter, is well entitled to put aside. In what follows, however, I will try to show that both stances are problematic. The conciliatory attitude simply does not work, for it hardly copes with the fact that the concept of rule-following does not supervene, even weakly, on the property of rule-following, namely the property instantiated in the mental/cerebral phenomena that computationally-oriented theories of rule-following study. To take the contrary attitude, on the other hand, is to end up with another disappointing result, namely that the computational treatment of rule-following ultimately deals with something different from that which we wished to gain knowledge of when we began our inquiry into rule-following.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Just and Unjust Peace: An Ethic of Political Reconciliation by Daniel PhilpottGlen StassenJust and Unjust Peace: An Ethic of Political Reconciliation Daniel Philpott New York: Oxford University Press, 2012. 365pp. $29.95Just and Unjust Peace deals with an important question: What does a holistic framework of justice consist of in the wake of its massive despoliation? The wounds of political injustice include the following: violation of the victim’s (...) human rights, harms to the victim’s person, the victim’s ignorance of the source and circumstances of political injustices, the lack of acknowledgment of the suffering, the standing victory of the wrongdoer’s political injustice, and harm to the person of the wrongdoer. In such situations, Philpott argues, “what the government and community withhold is... an acknowledgment not only that a victim has rights but also that his rights were violated and that he suffered because of this violation” (37).The definition of justice in this context of wounds is reconciliation. It “encompasses peace settlements, human rights, democracy, and other key goals of negative and positive peace [as well as]... a broad restoration of right relationship involving a multiplicity of practices that each redress wounds of injustice in a particular way” (48–49).Daniel Philpott affirms peace as human rights, equality, and the rule of law, plus actors and institutions like the United Nations that spread this justice. He presents a fair summary of contending positions on human rights and works to develop overlapping agreement. “What is most essential to right relationship in the political order is human rights, their popular legitimacy, and their corresponding virtues” (55). But also, “It is in redressing wrong conduct—the other dimension of justice—that political reconciliation becomes far more distinctive” (55). This requires a deeper understanding of just peacemaking with restorative justice based in Judaism, Christianity, and Islam, and in insightful assessment of the burgeoning practices of truth commissions and restorative justice in the transitions from dictatorship to democracy.Philpott’s “rooted reason” invites different religions to speak from their depths but also encourages them to speak with reasons that can convince in public discourse (18, 20). Envisioning the incorporation of reconciliation into the modern state “is the life’s work of Rabbi Marc Gopin. In today’s Middle East, [End Page 211] Gopin argues, Jews as well as Christians and Muslims cannot afford to ignore the peacebuilding potential of traditional religious concepts” (132). Philpott also exhibits sensitive understanding of Islam, asking, “Do Islamic texts and traditions contain the materials for the construction of the ethic of political reconciliation that I am proposing? Can Muslims, on the basis of their religious convictions, join in an overlapping consensus on such an ethic?” His answer is a clear yes (153).He identifies and assesses six practices of a politics of reconciliation. The first involves building socially just institutions and relations between states: “Since 1974, some ninety societies... have sought to replace dictatorships with democracies.... A similarly intense global wave of peace operations sponsored by the United Nations... has sought to foster human rights and democratic institutions in states that have seen civil war” (175–76). The second has to do with the practices of political acknowledgment of wrongs: “Human rights are the standard that gives truth commissions and other public forms of acknowledgment form and direction” (188). The third pertains to reparations, with attention to the ongoing effects of historical injustices for descendants (195 and 201). The fourth addresses judicial punishment: “In practicing judicial punishment, a state redresses the violation of the victim’s rights insofar as it expresses, reaffirms, and thereby strengthens human rights as the legally valid values of its realm or of relations between it and another state” (237). The fifth is apology: “Like all of the other practices, apologies performed in political contexts have grown in frequency” (198). Finally, there is forgiveness. “Political injustices harm victims by robbing them of their agency and of their ability to pursue their own and others’ flourishing.... Forgiveness... re-empowers the victim as agent... [and liberates] from anger and resentment” and can also lead to recognition of the victim’s suffering, and to mutual respect for human rights (266–68... (shrink)