In this provocative book, Jason Brennan challenges our fundamental assumptions about voting, revealing why it is not a duty for most citizens--in fact, he ...

The ethics of voting is a new field of academic research, uniting debates in ethics and public policy, democratic theory and more empirical studies of politics. A central question in this emerging field is whether or not voters should be legally required to vote. This chapter examines different arguments on behalf of compulsory voting, arguing that these do not generally succeed, although compulsory voting might be justified in certain special cases. However, adequately specifying the forms (...) of voluntary voting that are consistent with democratic norms is likely to be philosophically complex and politically controversial. (shrink)

There has been much discussion of the justifiability of strikes by healthcare workers, but comparatively little discussion of the political processes through which strikes occur. This article focuses on the Trade Union Act 2016, which currently governs strike ballots in the UK. This legislation has important implications for healthcare workers being balloted on strikes (or other forms of industrial action). The article first explains the legal requirements for a strike mandate and illustrates how votes in strike ballots can be counterproductive, (...) bringing about outcomes opposite of what the voter wanted. Second, it argues that the turnout threshold responsible for these surprising results is undemocratic, since it means that outcomes need not reflect the wishes of those balloted. Third, it suggests that this has consequences for how balloted workers ought to vote, if they want the process to be more democratic. In particular, I propose that those who are neutral or indifferent have reason to cast spoiled ballots, in order to negate the turnout threshold. Further, those who oppose a strike also have reasons—if they value democratic decision-making—to vote, even though this may be less effective than abstaining. As I write, in August 2023, junior doctors in the UK are once again being balloted over strike action.1 While the global picture is more varied, strikes by medical professionals have historically been rare in the UK. When British doctors went on strike in 2012, over changes to pensions, it was the first time since 1975.2 Since then, however, industrial action has become more common. Some attribute this to an erosion of patient-centred professional values, which has made workers more prepared to strike in response to deteriorating pay and conditions.3 4 Whether or not this is the explanation, the increased prevalence of strikes has caused some concern. It is often …. (shrink)

This paper connects the question of the rationality of voting to the question of what it is morally permissible for elected representatives to do. In particular, the paper argues that it is rational to vote to increase the strength of the manifest normative mandate of one's favored candidate. I argue that, due to norms of political legitimacy, how representatives ought to act while in office is tied to how much support they have from their constituents, where a representative’s “support” (...) is a function of the percentage of adults living in the political jurisdiction who voted for her. In a representative system, whether a particular law or policy is legitimate is in part a function of how much support the particular representative government has, rather than simply being a function of the governmental structure or the normative content of the law or policy. Representatives with more support can permissibly act more like trustees (doing what they think is best) and less like delegates (doing what their constituents presently prefer). I argue that this fact provides a reason for individuals to vote, even given the incredibly small chance an individual voter has of casting a pivotal vote. (shrink)

In his recent article in Philosophy and Public Affairs, 'The Paradox of Voting and Ethics of Political Representation', Alexander A. Guerrero argues it is rational to vote because each voter should want candidates they support to have the strongest public mandate possible if elected to office, and because every vote contributes to that mandate. The present paper argues that two of Guerrero's premises require correction, and that when those premises are corrected several provocative but compelling conclusions follow about (...) the rationality of voting and duties of elected officials: (A) Voting is typically rational for the members of a political party’s base; (B) Voting is often (but not always) irrational for “swing” voters (i.e. independent voters who are not affiliated with any political party, as well as “undecided” voters who are considering voting across party lines); and (C) Elected officials have a moral duty to respond to changing levels of popular support once in office, as indicated by properly monitored and corroborated public opinion polls of constituents, functioning more as delegates the lower their level of popular support. Finally, I suggest that the last of these conclusions has wide-ranging implications for political ethics. I illustrate these implications by focusing on the questions -- under debate in the 2016 US Presidential election cycle -- of whether a sitting President has a moral duty to nominate or not nominate a new Supreme Court justice during his or her final year in office, and similarly, whether US Senators have a moral duty to obstruct, or not obstruct, confirmation of the President’s eventual nominee. (shrink)

The literature on counterspeech has been debating how institutions and citizens should respond to offensive or dangerous communicative acts. This article identifies a gap in this debate, namely, the lack of attention paid to the individual vote in large-scale democratic elections as an effective act of distancing from candidates who use explicitly derogatory forms of expression to unify and mobilize supporters. In studying the place of voting in the ethics of counterspeech, this article investigates what counterspeakers can expect (...) other counterspeakers to do in large-scale democratic elections framed as a vote for or against hateful representatives. I argue that even in large-scale elections, the individual act of voting, understood as a contribution to increasing the clarity of the indicators of force of a collectivized speech act, can be an effective form of counterspeech. Voting is one of the first forms of counterspeech that must be taken so that other, and perhaps more controversial, actions can stand criticism on moral grounds. For this reason, I also argue that counterspeakers can expect other counterspeakers to contribute to an electoral outcome that, under certain circumstances, can be received as a vote against representatives who use explicit derogatory forms of expression to gain consensus. (shrink)

(OPEN ACCESS) In this article, I explore the implications of three moral grounds for the justification of supported voting – respect as opacity, respect as equal status, and respect as political care. For each ground, I ask whether it justifies surrogate voting for voters unable to either communicate or give effect to their electoral judgments, due to some cognitive or communicative disability. (Henceforth: incommunicability cases.) I argue that respect as opacity does not permit surrogate voting, and equal (...) status does not justify such support – although the latter account can make sense of the value loss involved in the persistent non-participation of individuals with cognitive and communicative disabilities. Finally, I argue that an account of supported voting based on the ethics of political care can accommodate a pro tanto moral permission to provide surrogate voting as a form of support in incommunicability cases, and it can account for the inclusive approach of the UN Convention on the Rights of Persons with Disabilities to supported decision-making. However, I show that in incommunicability cases, what the political community and individual caretakers ultimately owe to adult fellow citizens as equal members of the political community is some adequate form of political care – but not necessarily surrogate voting. (shrink)

As groups around the country begin to craft standards for clinical ethics consultations, one focus of that work is the proper procedure for conducting ethics consults. From a recent empirical look into the workings of ethics consult services (ECSs), one worrisome finding is that some ECSs rely on a committee vote when making a recommendation. This article examines the practice of voting and its moral standing as a procedural strategy for arriving at a clinical ethics (...) recommendation. I focus here on the type of clinical ethics conflicts that are most likely to lead an ECS to vote, namely, conflicts involving ethical uncertainty—or, in the Greek, aporia. I argue that in cases of aporia, voting on an ethics conflict is not a morally justifiable procedure. Then on the same grounds that I use to show that voting is ethically problematic, I raise broader concerns about the common practice of making recommendations by other procedures. In contrast to the standard approach of adjudicating between moral claims, I argue that ECSs can best resolve aporetic conflict through the process of clinical ethics mediation. (shrink)

Zemyarska MS. Is it ethical to provide IVF add-ons when there is no evidence of a benefit if the patient requests it? J Med Ethics 2019;45:346–50. doi: 10.1136/medethics-2018-104983. The Acknowledgements section of ….

Autumn Fiester identifies an important element in clinical ethics consultation (CEC) that she labels, from the Greek, aporia, “state of perplexity,” evidenced in CEC as ethical ambiguity. Fiester argues that the inherent difficulties of cases so characterized render them inappropriate for voting and more amenable to mediation and the search for consensus. This commentary supports Fiester’s analysis and adds additional reasons for rejecting voting as a process for resolving disputes in CEC including: it distorts the analysis by (...) empowering individual voters preferences and biases rather than focusing on the interests and wishes of the patient and family; it offers an insufficiently sensitive model for resolving the awesome, nuanced, conflicted, and ethically complex issues surrounding life and death; it marginalizes minority opinions that may have moral validity. (shrink)

Who should have a right to participate in a polity’s decision-making? Although the answers to this ‘boundary problem’ in democratic theory remain controversial, it is widely believed that the enfranchisement of tourists and children is unacceptable. Yet, the two most prominent inclusion principles in the literature – Robert Goodin’s ‘all (possibly) affected interests’-principle and the ‘all subjected to law’-principle – both enfranchise those groups. Unsurprisingly, democratic theorists have therefore offered several reasons for nonetheless exempting tourists and children from the franchise. (...) In this paper, I argue that their attempts fail. None of the proposed rationales can do the job without having unacceptable implications for the voting rights of other groups. I then develop a new specification of the affected interests-view, one that avoids such problems. According to my life plan-principle, a person is entitled to participate in a polity’s decision-making if and only if its decisions will actually affect her autonomously chosen life plans, or prevent her from developing or revising plans of that kind. I show that this principle straightforwardly avoids enfranchising tourists and children, and thus improves upon its two prominent rivals. The paper ends by considering and rejecting two objections to my new principle. (shrink)

Ost S. Drs Bramhall and Bawa-Garba and the rightful domain of the criminal ….

In this paper we consider several ways in which voting systems can be manipulated and we pose some related ethical questions. Our focus is on the recent phenomenon of vote trading or vote swapping that was invented in 2000 and used in the 2000 and 2004 U.S. Presidential elections. Vote trading is an Internet-based technique that sought to allow Democrats in heavily Republican states (like Texas) to effectively vote in swing states (like Florida), where their votes would have more (...) impact. We also look at some other new ways that voting systems can be manipulated and we consider the general question of whether there exist voting systems that cannot be manipulated. (shrink)

Sheldon S, Lord J. Guest editorial: Care not criminalisation; reform of British abortion law is ….

Monrad JT. Ethical considerations for epidemic vaccine trials. J Med Ethics 2020;46:465–9. doi:10.1136/medethics-2020-106235 This ….

This paper argues that Richard Tuck, in his book Free Riding, fails to show it is rational to vote except in unusual cases.

The scientific consensus regarding anthropogenic climate change is firmly established yet climate change denialism, a species of what I call pseudoskepticism, is on the rise in industrial nations most responsible for climate change. Such denialism suggests the need for a robust ethics of inquiry and public discourse. In this paper I argue: (1) that ethical obligations of inquiry extend to every voting citizen insofar as citizens are bound together as a political body. (2) It is morally condemnable for (...) public officials to put forward assertions contrary to scientific consensus when such consensus is decisive for public policy and legislation. (3) It is imperative upon educators, journalists, politicians and all those with greater access to the public forum to condemn, factually and ethically, pseudoskeptical assertions made in the public realm without equivocation. (shrink)

Savulescu J. Is current practice around late termination of pregnancy eugenic and discriminatory? Maternal interests and abortion. J Med Ethics 2001;27:165–71. Lachlan de Crespigny contributed in a major way to the conceptualisation, design, administration of surveys, ….

Douglas T. Going above and beneath the call ….

Wilkinson D. What has philosophy got to do with it? ….

Dubin S, Lane M, Morrison S, et al. Medically assisted gender affirmation: when children and parents disagree. ….

Dheensa S, Fenwick A, Lucassen A.‘Is this knowledge mine ….

The Kyoto Protocol on global warming has provoked great controversy in part because it calls for heavier burdens on wealthy countries than on developing countries in the effort to control climate change. The U.S. Senate voted unanimously to oppose any agreement that does not require emissions reductions in low-income countries. The ethics of this position are examined in this paper which shows that there are good moral reasons for supporting the provisions of the Kyoto Protocol. Such a conclusion follows (...) easily from considerations of distributive justice but can also be supported by more narrowly self-interested arguments. (shrink)

Research question and aimClinical Ethics Committees (CECs) aim to support healthcare professionals (HPs) and healthcare organizations to deal with the ethical issues of clinical practice. In 2020,...

Much discussion of the ethics of participation focuses on electoral participation and whether citizens are obligated or can be coerced to vote. Yet these debates have ignored that citizens must first pay attention to politics and make up their minds about where they stand before they can engage in any form of participation. This article considers the importance for liberal democracy of citizens paying attention to politics, or attentive citizenship. It argues that the democratic state has an obligation to (...) cultivate interest in politics and that this obligation authorizes means up to and including some forms of coercion. The argument is that when citizens are inattentive to politics, it undermines political equality and social justice because it undermines what John Rawls called the fair value of the political liberties. The importance of these ends for liberal democratic states requires them to take steps to promote attentive citizenship. (shrink)

The controversy over short selling has continued unabated from the introduction of modern equity trading in Amsterdam in 1610 to the present day. Nevertheless, the business ethics literature has not really addressed short selling. Short sellers not only profit from the misery of others, they also create it through their selling activities. However, they also provide a socially useful service by making prices better reflect true values, protecting other investors from purchasing overpriced securities. Short sellers can also help to (...) provide liquidity in the markets. Recently, there has been a hue and cry against so called "naked" short selling, which involves not delivering the shares that have been sold. This gives manipulators a tool for depressing stock prices and deprives purchasers of voting rights and potential stock lending revenue. Naked short selling creates ethical issues for short sellers, buyers, brokers, market makers, and regulators. Is it ethical to exploit a legal loophole that permits sellers to sell stock and delay delivering shares indefinitely? (shrink)

This paper explores ethical issues raised by quadratic voting. We compare quadratic voting to majority voting from two ethical perspectives: the perspective of utilitarianism and that of democratic theory. From a utilitarian standpoint, the comparison is ambiguous: if voter preferences are independent of wealth, then quadratic voting out- performs majority voting, but if voter preferences are polarized by wealth, then majority voting may be superior. From the standpoint of democratic theory, we argue that assess- (...) ments in terms of efficiency are too narrow. Voting institutions and political institutions more generally face a legitimacy requirement. We argue that in the presence of inequalities of wealth, any vote buying mechanism, including quadratic voting, will have a difficult time meeting this requirement. (shrink)

A sudden paradigm shift has resulted in governmental measures that greatly impact the scope in which the ethics committees in Germany can perform their task of providing expert opinions for clinical research. The so-called “revaluation” of the Medical Device Law Deutsches Medizinproduktegesetz—MPG) is, in our opinion, not based on sound political and professional judgment. In accordance with the changed regulations, ethics committees are now seen as being sub-organs of the state medical associations or the medical faculties and are (...) therefore official authorities. It follows that the votes of ethics committees are then “sovereign acts” or authoritative measures! However, equality and justice speak against this misleading conclusion and its resulting consequence that an ethics committee’s vote is a sovereign act. This has, in turn, resulted in the public ethics committees obtaining their long-sought goal of having a state-sanctioned monopoly. The private ethics committees are not recognized as being authoritative bodies, nor are they to be seen as such in the future (i.e. such a status has been denied the Freiburg Ethics Commission International (FEKI) in Baden-Württemberg). This political mistake must be corrected, otherwise, conducting clinical research will become increasingly difficult. (shrink)

Liberal egalitarians such as Rawls and Dworkin, insist that a just society must try to make sure that socio-economic inequalities do not undercut the value of the vote, and of other political liberties. They insist on this not just for instrumental reasons, but because they assume that democratic forms of political participation can be desirable ends in themselves. However, compulsory voting laws seem to conflict with respect for reasonable differences of belief and value, essential to liberal egalitarians. Nor is (...) it clear that such laws would actually achieve their intended purpose. Consequently, it is doubtful that there is a ‘liberal defence of compulsory voting’, as Lacroix, among others, maintains. (shrink)

Much ink has been spilled in the last years on whether voting is a duty that citizens ought to discharge in a democracy that aspires to be acceptably just. In this essay, I concentrate on whether a moral duty to participate in elections logically entails that people ought to vote simpliciter or well. I propose that voting well – i.e. with information and a sense of justice – is the electoral duty that we should value. Voting as (...) such is not – at least, not if we care about the substantive quality of democratic outcomes, not only about equality of participation. As a matter of fact, voting well seems to be a more adequate form of political participation than simply voting under varied normative conceptions of democracy, as I will show. At the same time, while we can't freely choose not to follow a moral duty to vote well just because we're not inclined to do so, we have to allow for the possibility that some individuals will not be in a good position to act on it. I conclude by discussing admissible reasons for this inability with respect to our citizenship responsibilities. (shrink)

In 1970, Stewart advocated disenfranchising everyone reaching retirement age or age 70, whichever was earlier. The question of whether senior citizens should be disenfranchised has recently come to the fore due to votes on issues such as Brexit and climate change. Indeed, there is a growing literature which argues that we should increase the voting power of non-senior citizens relative to senior citizens, for reasons having to do with intergenerational justice. Thus, it seems that there are reasons of justice (...) to disenfranchise senior citizens, or at least to grant them a lower voting weight than non-senior citizens. In this paper, we investigate whether there are democratic reasons to do so. To answer this question, we turn to the boundary problem in democratic theory, i.e., the question of who should be included in democratic decision-making. Two prominent solutions, and a more recent one, are particularly relevant: the all-affected principle, the all-subjected principle, and the relational egalitarian principle. When it comes to the all-affected principle and the all-subjected principle, we argue that there is reason to grant most senior citizens a lower voting weight than most non-senior citizens in most decisions. Whether that is the case on the relational egalitarian principle depends on how people relate to each other in society. Indeed, it is sometimes in accordance with the relational egalitarian view to grant senior citizens a greater voting weight than non-senior citizens. (shrink)

Why you have the right to resist unjust government The economist Albert O. Hirschman famously argued that citizens of democracies have only three possible responses to injustice or wrongdoing by their governments: we may leave, complain, or comply. But in When All Else Fails, Jason Brennan argues that there is a fourth option. When governments violate our rights, we may resist. We may even have a moral duty to do so. For centuries, almost everyone has believed that we must allow (...) the government and its representatives to act without interference, no matter how they behave. We may complain, protest, sue, or vote officials out, but we can’t fight back. But Brennan makes the case that we have no duty to allow the state or its agents to commit injustice. We have every right to react with acts of “uncivil disobedience.” We may resist arrest for violation of unjust laws. We may disobey orders, sabotage government property, or reveal classified information. We may deceive ignorant, irrational, or malicious voters. We may even use force in self-defense or to defend others. The result is a provocative challenge to long-held beliefs about how citizens may respond when government officials behave unjustly or abuse their power. (shrink)

Should voting be compulsory? This question has recently gained the attention of political scientists, politicians and philosophers, many of whom believe that countries, like Britain, which have never had compulsion, ought to adopt it. The arguments are a mixture of principle and political calculation, reflecting the idea that compulsory voting is morally right and that it is will prove beneficial. This article casts a sceptical eye on the claims, by emphasizing how complex political morality and strategy can be. (...) Hence, I show, while there are good reasons to worry about voter turnout in established democracies, and to worry about inequalities of turnout as well, the case for compulsory voting is unpersuasive. (shrink)