The purpose of this paper is to show that, if Kant’s universalization formulations of the Categorical Imperative are our only standards for judging right from wrong and permissible from impermissible, then we have no obligations. I shall do this by examining five different views of how obligations can be derived from the universalization formulations and arguing that each one fails. I shall argue that the first view rests on a misunderstanding of the universalization formulations; the second on a misunderstanding of (...) the concept of an obligation; the third on a misunderstanding of the concept of a maxim; the fourth on a misunderstanding of the limits of action description; and the fifth on a misunderstanding of the universalization formulations again. (shrink)

According to Interest-Relative Invariantism, whether an agent knows that p, or possesses other sorts of epistemic properties or relations, is in part determined by the practical costs of being wrong about p. Recent studies in experimental philosophy have tested the claims of IRI. After critically discussing prior studies, we present the results of our own experiments that provide strong support for IRI. We discuss our results in light of complementary findings by other theorists, and address the challenge posed by a (...) leading intellectualist alternative to our view.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.EMPIRICAL TESTS OF INTEREST-RELATIVE INVARIANTISMVolume 9, Issue 1Chandra Sekhar Sripada and Jason StanleyDOI: https://doi.org/10.1017/epi.2011.2Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. EMPIRICAL TESTS OF INTEREST-RELATIVE INVARIANTISMVolume 9, Issue 1Chandra Sekhar Sripada and Jason StanleyDOI: https://doi.org/10.1017/epi.2011.2Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. EMPIRICAL TESTS OF INTEREST-RELATIVE INVARIANTISMVolume 9, Issue 1Chandra Sekhar Sripada and Jason StanleyDOI: https://doi.org/10.1017/epi.2011.2Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Despite its focus on consent the new Human Tissue Act 2004 allows for testing without consent where a relative could benefitIn recognition of the fact that genetic test results in people can have implications for close relatives, the new Human Tissue Act 2004 allows for a direction to access a person’s tissue so that testing can be carried out for the benefit of a relative, without the consent of that person. Clinical practice governed by common law and statute, before (...) this act, acknowledged that the disclosure, without consent, of the results of a genetic test, is ethically permissible in extreme situations for the benefit of a relative. New testing for the benefit of a relative without donor consent challenges the principle that informed or adequate consent should be obtained before a genetic test with considerable predictive powers is carried out. The debate surrounding the analogous situation of HIV testing concluded that in very rare cases, disclosure of an HIV result without consent may be justified, but testing without consent is a professional misconduct. This part of the legislation is controversial and deserves further debate. The Human Tissue Authority should take measures to limit the potential harm that can be caused by this provision.IntroductionAfter much debate, the new Human Tissue Act 2004 was passed by parliament in November 2004. Implementation of this act may be staggered, but it will be fully operational in May 2006. This act has several provisions that have implications in clinical practice for the use of stored tissue or samples containing cells. These provisions allow the Human Tissue Authority to permit access to human tissue for the purpose of obtaining scientific or medical information about a person for the benefit of another family member, without the consent of the donor . …. (shrink)

Free choice permission, a crucial test case concerning the semantics/ pragmatics boundary, usually receives a pragmatic treatment. But its pragmatic features follow from its semantics. We observe that free choice inferences are defeasible, and defend a semantics of free choice permission as strong permission expressed in terms of a modal conditional in a nonmonotonic logic.

In this article we aim to assess the ethical desirability of self-test diagnostic kits for influenza, focusing in particular on the potential benefits and challenges posed by a new, mobile phone-based tool currently being developed by i-sense, an interdisciplinary research collaboration based at University College London and funded by the Engineering and Physical Sciences Research Council. Our study adopts an empirical ethics approach, supplementing an initial review into the ethical considerations posed by such technologies with qualitative data from three (...) focus groups. Overall, we map a range of possible considerations both for and against the use of such technologies, synthesizing evidence from a range of secondary literature, as well as identifying several new considerations previously overlooked. We argue that no single consideration marks these technologies as either entirely permissible or impermissible but rather tools which have the potential to incur certain costs and benefits, and that context is important in determining these. In the latter stages of the article, we explain how developers of such technologies might seek to mitigate such costs and reflect on the possible limitations of the empirical ethics method brought out during the study. Not applicable. (shrink)

We address the ethics of scenarios in which one party entraps, intentionally tempts or intentionally tests the virtue of another. We classify, in a new manner, three distinct types of acts that are of concern, namely acts of entrapment, of intentional temptation and of virtue testing. Our classification is, for each kind of scenario, of itself neutral concerning the question whether the agent acts permissibly. We explain why acts of entrapment are more ethically objectionable than like acts of intentional temptation (...) and why these, in turn, are more ethically objectionable than like acts of virtue testing. Along the way, we scrutinize, and eventually reject, the view that acts of entrapment are ethically unacceptable because intentional temptation is involved in entrapment. (shrink)

Genetic testing in the workplace is a technology both full of promise and fraught with ethical peril. Though not yet common, it is likely to become increasingly so. We survey the key arguments in favour of such testing, along with the most significant ethical worries. We further propose a set of pragmatic criteria, which, if met, would make it permissible for employers to offer (but not to require) workplace genetic testing.

Your use of the JSTOR archive indicates your acceptance of J STOR’s Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. J STOR’s Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non—commercial use.

Most of the debate about drug testing in the workplace has focused on the right to privacy. Proponents of testing have had to tackle difficult questions concerning the nature, extent, and weight of the privacy rights of employees. This paper examines a different kind of argument — the claim that because corporations are responsible for harms committed by employees while under the influence of drugs, they are entitled to test for drug use. This argument has considerable intuitive appeal, because (...) it seems, at least at first glance, to bypass the issue of privacy rights altogether. The argument turns, not on rights, but on the nature and conditions of responsibility. We may therefore call it an ought implies can argument.In spite of its initial appeal, however, the argument does not succeed in circumventing the claims of privacy rights. Even responsibility for the actions of others does not entitle us to do anything at all to control their behavior; we must look to rights, among other things, to determine what sorts of controls are morally permissible. In addition, the argument rests on unjustified assumptions about the connection between drug testing and the prevention of drug-related harm. (shrink)

Many people believe that animals possess moral status, but human beings possess higher moral status than animals. To try to identify a theoretical basis for this view, Robert Nozick proposed Utilitarianism for Animals, Kantianism for People. The present manuscript evaluates Nozick’s proposal by identifying the tradeoffs in welfare that it permits in medical research with animals and assessing whether those tradeoffs are indeed permissible. This analysis suggests that at least some deontological side constraints apply to the treatment of sentient animals, (...) hence, Utilitarianism for Animals, Kantianism for People is mistaken. Because Nozick’s proposal represents a prominent attempt to provide a theoretical basis for the common belief that human beings possess higher moral status than animals, this conclusion is noteworthy in its own right. Moreover, by granting equal moral weight to the interests of animals, but reserving deontological side constraints for human beings, Utilitarianism for Animals, Kantianism for People offers one of the more plausible bases for the claim that there are degrees of moral status among those who matter morally. The manuscript thus ends by considering the implications of the present analysis for the possibility that moral status comes in degrees. (shrink)

The responsibility view of social freedom views obstacles as constraints on freedom if and only if there is an agent morally responsible for the obstacle's existence or nonsuppression. However, the test of moral responsibility offered by S.I. Benn and W.L. Weinstein is too narrow, W.E. Connolly's is too broad and D. Miller's is either trivial or wrong depending on whether a permissive or narrow interpretation is adopted. A plausible definition assigns moral responsibility for nonsuppression of an obstacle when a (...) reasonable person could have been expected to suppress the obstacle. (shrink)

: The Centers for Disease Control and Prevention (CDC) has recommended that HIV testing be routinely offered to certain patients in hospitals with a high prevalence of HIV infection and on all pregnant women. The CDC does not, however, offer implementation level guidelines for obtaining informed consent. We provide a moral justification for requiring informed consent for HIV testing and propose guidelines for securing such consent. In particular we argue that genuine informed consent can be secured without elaborate counseling, such (...) as that currently used at Counseling and Testing Sites, provided that sufficient written notice is given to the patients before testing and that they are specifically asked for permission. (shrink)

Shows how, as a consequence of the Arrow Impossibility Theorem, objectivity in grading is chimerical, given a sufficiently knowledgeable teacher (of his students, not his subject) in a sufficiently small class. -/- PDF available from JStor only; permission to post full version previously granted by journal editors and publisher expired. -/- Unpublished reply posted gratis.

There is limited research into the situations of people living with precarious status in Canada, which includes people whose legal status is in-process, undocumented, or unauthorized, many of whom entered the country with a temporary resident visa, through family sponsorship arrangements, or as refugee claimants. In 2005, a community-university alliance sought to carry out a research study of the lived experiences of people living with precarious status. In this paper, we describe our negotiation of the ethics review process at a (...) Canadian university and the ethical, legal, and methodological issues that emerged. Although being able to guarantee our participants complete confidentiality was essential to the viability of the project due to their vulnerability to detention or deportation, we discovered that the Canadian legal framework limited us to being able to offer them confidentiality “to the fullest extent possible by law.” One way to overcome this conflict would have been through the construction of a Wigmore defence, in which we would document that the research would not be possible without assurance of our participants’ confidentiality. Such a defence would be tested in court if our research records were subpoenaed by immigration enforcement authorities. Rather than take the risk that this defence would not be successful and would result in our participants being deported, we altered the research methods from using multiple interviews to establish trust (which would have required that we store participants’ contact information) to meeting participants only once to discuss their experiences of living with precarious legal status in Canada. Our encounter with the ‘myth of confidentiality’ raised questions about the policing of knowledge production. (shrink)

Your use of the JSTOR archive indicates your acceptance of J STOR’s Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. J STOR’s Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non—commercial use.

This paper concerns the relation between two metaethical theses: moral naturalism and moral skepticism. It is important that we distinguish both from a couple of methodological principles with which they might be confused. Let us give the label “Cartesian skepticism” to the method of subjecting to doubt everything for which it is possible to do so—usually by introducing alternative hypotheses that are consistent with all available evidence (e.g., brains in vats). Let us give the label “global naturalism” to the principle (...) that requires of any item which we admit into our ontology that it “fits” (in some manner or cluster of manners to be specified) with our naturalistic scientific worldview. One might be both a Cartesian skeptic and a global naturalist, if the latter principle is something that has survived the former test procedure. Alternatively, one might have adopted global naturalism for some other reason, while having little patience for the Cartesian method of doubt. Moral naturalism is the metaethical view that moral entities (e.g., properties like goodness and evil) fit within the scientific image of the world. The moral naturalist will probably be a global naturalist, but need not be: It is consistent with allowing non-natural entities into one’s ontology that one happens to think that moral properties are of the natural variety. Moral skepticism denies that moral entities fit within our scientific worldview. One way of denying moral naturalism is to be a moral error theorist: to hold that our moral discourse attempts to make reference to moral properties, but these properties do not exist.1 Another way of denying moral naturalism is to be a noncognitivist: to hold that our moral discourse was never really in the business of referring to moral facts or properties in the first place, and ipso facto such facts or properties are not naturalistic. In this paper, the label “moral skepticism” denotes the disjunction of these two theses. Neither the error theorist nor the noncognitivist must be committed to global naturalism, but usually will be; indeed, this commitment will often be a motivating factor of their metaethical views.. (shrink)

There is consensus that children have questionable decisional capacity and, therefore, in general a parent or a guardian must give permission to enroll a child in a research study. Moreover, freedom from duress and coercion, the cardinal rule in research involving adults, is even more important for children. This principle is embodied prominently in the Nuremberg Code (1947) and is embodied in various federal human research protection regulations. In a program named "SATURN" (Student Athletic Testing Using Random Notification), each school (...) in the Oregon public-school system may implement a mandatory drug-testing program for high school student athletes. A prospective study to identify drug use among student-athletes, SATURN is designed both to evaluate the influence of random drug testing and to validate the survey data through identification of individuals who do not report drug use. The enrollment of students in the drug-testing study is a requirement for playing a school sport. In addition to the coercive nature of this study design, there were ethically questionable practices in recruitment, informed consent, and confidentiality. This article concerns the question of whether research can be conducted with high school students in conjunction with a mandatory drug-testing program, while adhering to prevailing ethical standards regarding human-subjects research and specifically the participation of children in research. (shrink)

Kant’s formula of universal law (FUL) is standardly understood as a test of the moral permissibility of an agent’s maxim: maxims which pass the test are morally neutral, and so permissible, while those which do not are morally impermissible. In contrast, I argue that the FUL tests whether a maxim is the cause or determining ground of an action at all. According to Kant’s general account of causality, nothing can be a cause of some effect unless there (...) is a law-like relation between the putative cause and effect. Applied to the case of action, no maxim can be the cause of an agent’s action unless there is a law-like relation between maxims of that kind and actions of that kind. The special capacity to act according to maxims as law-like causes is what Kant calls a will; the basic constitutive principle of the will is a non-normative principle I call the categorical declarative. While the actions of a perfectly good will would be described by the categorical declarative alone, human action is determined not only by the causality of the will, but also by competing causes, namely those stemming from inclination. There is thus need for a causal test for putative maxims. The test contained in the FUL is meant to determine whether an action could be grounded solely on the agent’s maxim, or whether it requires a cause external to the will. This account permits one to build eventual distinctions concerning the morality of actions on prior and independent distinctions concerning their causality. (shrink)

Background There has been considerable investment and strategic planning to introduce genomic testing into Australia’s public health system. As more patients’ genomic data is being held by the public health system, there will be increased requests from researchers to access this data. It is important that public policy reflects public expectations for how genomic data that is generated from clinical tests is used. To inform public policy and discussions around genomic data sharing, we sought public opinions on using genomic data (...) contained in medical records for research purposes in the Australian state of Queensland. Methods A total of 1494 participants completed an online questionnaire between February and May 2019. Participants were adults living in Australia. The questionnaire explored participant preferences for sharing genomic data or biological samples with researchers, and concerns about genomic data sharing. Results Most participants wanted to be given the choice to have their genomic data from medical records used in research. Their expectations on whether and how often they needed to be approached for permission on using their genomic data, depended on whether the data was identifiable or anonymous. Their willingness to sharing data for research purposes depended on the type of information being shared, what type of research would be undertaken and who would be doing the research. Participants were most concerned with genomics data sharing that could lead to discrimination, data being used for marketing, data security, or commercial use. Conclusions Most participants were willing to share their genomic data from medical records with researchers, as long as permission for use was sought. However, the existing policies related to this process in Queensland do not reflect participant expectations for how this is achieved, particularly with anonymous genomics data. This inconsistency may be addressed by process changes, such as inclusion of research in addition to clinical consent or general research data consent programs. (shrink)

This paper discusses Scotus’s view of how God knows sins by analyzing texts from his discussions of God’s permission of sin and predestination. I show that Scotus departed from his standard theory of how God knows contingents when explaining how God knows sins. God cannot know sins by knowing a first-order act of his will, as he knows other contingents according to Scotus, since God does not directly will sins. I suggest that Scotus’s recognition that his standard theory of God’s (...) knowledge of contingents could not account for how God knows sins may have contributed to his ultimate rejection of this theory. (shrink)

According to a widespread view, the same constraints that limit the use of otherwise immoral measures in individual self-defense apply to collective self-defense too. I try to show that this view has radical implications at the level of jus in bello, implications which have not been fully appreciated. In particular, if the necessity condition must be satisfied in all cases of killing in war, then most fighting would turn out to be unjust. One way to avoid this result is to (...) adopt a contractualist view of killing in war, a view which interprets the necessity condition in a way that is more permissive with regard to killing combatants in war. At least in this respect, a contractualist view of killing in war has an advantage over other candidates in explaining how wars might be fought justly. (shrink)

This paper considers the ethics of placebo‐controlled trials in developing countries, where a treatment already exists but is not available due to the low local standard of care. Such trials would not be permitted in more developed nations where a higher standard of care is available. I argue that there are moral intuitions against such trials, but a further intuition that if the trials were aimed at producing treatment options for the developing world, that would be more permissible than if (...) the trials were designed with the benefit of rich world people in mind. An approach based upon GA Cohen's work on interpersonal justifiability is suggested to allow us to explain these intuitions. Cohen's framework shows that these trials are ethically problematic because the inequality in healthcare provision between developing and developed nations that allows them to take place is at least partly the pharmaceutical corporations’ fault. Following Cohen's argument, this means the trials are non‐comprehensively justified. This allows for a more complete explanation of our intuitions than to consider such trials as cases of exploitation, because intuitions on the ethicacy of research can vary even when the exploitation relation remains the same. It is then established that there is good empirical evidence to believe that pharmaceutical corporations do fail the interpersonal justifiability test. The policy implications of this judgement are then considered, and it is suggested that the framework might be equally applicable to examining the permissibility of research conducted on vulnerable people within more developed nations. (shrink)

There is consensus that children have questionable decisional capacity and, therefore, in general a parent or a guardian must give permission to enroll a child in a research study. Moreover, freedom from duress and coercion, the cardinal rule in research involving adults, is even more important for children. This principle is embodied prominently in the Nuremberg Code (1947) and is embodied in various federal human research protection regulations. In a program named "SATURN" (Student Athletic Testing Using Random Notification), each school (...) in the Oregon public-school system may implement a mandatory drug-testing program for high school student athletes. A prospective study to identify drug use among student-athletes, SATURN is designed both to evaluate the influence of random drug testing and to validate the survey data through identification of individuals who do not report drug use. The enrollment of students in the drug-testing study is a requirement for playing a school sport. In addition to the coercive nature of this study design, there were ethically questionable practices in recruitment, informed consent, and confidentiality. This article concerns the question of whether research can be conducted with high school students in conjunction with a mandatory drug-testing program, while adhering to prevailing ethical standards regarding human-subjects research and specifically the participation of children in research. (shrink)

There is consensus that children have questionable decisional capacity and, therefore, in general a parent or a guardian must give permission to enroll a child in a research study. Moreover, freedom from duress and coercion, the cardinal rule in research involving adults, is even more important for children. This principle is embodied prominently in the Nuremberg Code and is embodied in various federal human research protection regulations. In a program named "SATURN", each school in the Oregon public-school system may implement (...) a mandatory drug-testing program for high school student athletes. A prospective study to identify drug use among student-athletes, SATURN is designed both to evaluate the influence of random drug testing and to validate the survey data through identification of individuals who do not report drug use. The enrollment of students in the drug-testing study is a requirement for playing a school sport. In addition to the coercive nature of this study design, there were ethically questionable practices in recruitment, informed consent, and confidentiality. This article concerns the question of whether research can be conducted with high school students in conjunction with a mandatory drug-testing program, while adhering to prevailing ethical standards regarding human-subjects research and specifically the participation of children in research. (shrink)

This essay aims to morally evaluate psychotherapy as it is currently practiced through the lens of sales/exchange ethics. The main focus of the essay is on psychotherapists’ claims to special expertise at diagnosing and treating mental illness. I review the research evidence relevant to these claims and conclude that these claims are not supported by the available evidence. Psychotherapists do not appear to be any better than actuarial tests at diagnosing mental illnesses, and meta-analyses of psychotherapy outcome studies casts serious (...) doubt on the existence of treatment expertise. Given that the expertise that psychotherapists claim to have is lacking, those seeking psychotherapy are not adequately informed about the quality of the product that they are seeking. Using Holley’s principles of sales ethics as a springboard, I argue that this situation is morally unacceptable; thus the current practice of psychotherapy is morally impermissible. I provide and evaluate some suggestions for rectifying this problem. The most important of these is Dawes’s suggestion that psychotherapists be licensed according to their use of experimentally confirmed diagnostic and treatment methods. (shrink)

An Institute of Medical Ethics working party supports the view that explicit permission should normally be sought in the case of testing for HIV antibody. It discusses this in relation to anonymised HIV testing for epidemiological purposes, concluding that this is to be welcomed, given certain safeguards. It next argues that pregnant women may have a greater and more immediate need than others to know their HIV status. It concludes that this need does not justify testing them without their permission, (...) but can be met by voluntary diagnostic testing on an 'opting-out' basis, supported by adequate briefing. (shrink)

An Institute of Medical Ethics working party supports the view that explicit permission should normally be sought in the case of testing for HIV antibody. It discusses this in relation to anonymised HIV testing for epidemiological purposes, concluding that this is to be welcomed, given certain safeguards. It next argues that pregnant women may have a greater and more immediate need than others to know their HIV status. It concludes that this need does not justify testing them without their permission, (...) but can be met by voluntary diagnostic testing on an 'opting-out' basis, supported by adequate briefing. (shrink)

The debate about the criterion of truth has always been closely linked with the battle lines of philosophy. Philosophers of different philosophical lines use different criteria of truth, each of which is consistent with the criterion of truth common to its philosophical line. Idealist philosophies advocate the primacy of thinking [, implying more the structure or process of thought, as compared to "thought" , implying a more or less coherent idea, viewpoint, or system, the result of thinking - Tr.] and (...) regard the material world as secondary, believing that human thought and truth are dropped from heaven, or are generated by the subjective consciousness itself. The idealist criterion of truth is sought in thought itself. Idealist philosophers cannot use the criterion of practice because the entire theory of idealism, including its view of truth, is made up wholly of subjective and empty constructs which would not pass the test of practice. If idealist philosophy used the criterion of practice it would undoubtedly refute itself. Only the materialist philosophical line is linked by its very nature with the criterion of practice. Materialism affirms the primacy of the material world, and the secondary nature of thinking as a reflection of the material world, regarding truth as a correct or accurate reflection of objective things. To test whether or not such a reflection is correct, it is not permissible to appeal to thought itself; we must rely on social practice. To discuss the truth of thinking, separate from social practice, would be to abandon materialism and fall into idealism. Therefore we say that the materialist philosophical line, as part of its basic fundamental nature, embraces the acceptance of the criterion of practice, or we say that it is fundamentally linked to the criterion of practice. Of course, to say that the materialist philosophical line is fundamentally linked to the criterion of practice is not to say that every materialist is able to consciously adopt the criterion of practice, rather that materialism ought to use social practice as the criterion of truth. Only in this way can one maintain a thoroughgoing materialism. However, ought to is one thing, while reality is quite another. In reality, the materialists coming before Marx did not self-consciously adopt the criterion of practice, but for the most part used subjective criteria. For example, the well-known materialist [Ludwig] Feuerbach [1804-18721 thought that "agreement of the majority" or "common opinion" was a criterion of truth. "Agreement" and "opinion" are subjective, and such a theory of the criterion of truth stands in contradiction to the materialist line that Feuerbach advocated. With a criterion of that sort, not only would it be impossible to validate the objective truth that Feuerbach sought; on the contrary, one could refute objective truth totally, refute the materialist line. Since subjective criteria of truth solve the problem of truth within the subjective realm and must refute the objective nature of truth, subjective criteria of truth are therefore fundamentally incompatible with the materialist line of thought. Only the criterion of practice accepts objective truth, and is compatible with the materialist line of thought. That materialists before Marx were unable to self-consciously employ the criterion of practice and used subjective criteria of truth reveals the limited and partial nature of materialism. By introducing social practice into the theory of knowledge and by determining that practice is the criterion of truth, thereby overcoming the limitations and incompleteness of the old materialism, Marxism developed the materialist theory of knowledge into a completely scientific theory. This was an enormous contribution to the history of philosophy. However, the acceptance or rejection of the criterion of practice is not a minor problem, but rather a major problem that affects all philosophical lines of thought. To uphold the criterion of practice is to stand on the side of materialism. On the other hand, to use the criterion of thought to refute the criterion of practice is to fall into idealism. (shrink)

It is commonly held that, given multiple medically permissible ways of proceeding, each with a different impact on the patient’s future, it is extremely important, and part of respecting patient autonomy, that patients not be under substantial pressure to defer to their physicians’ presumed authority. Some, however, worry that the focus on patient autonomy can be detrimental and that, at least in cases where it is hard to grasp what it is really like to live with certain outcomes without any (...) first‐hand or second‐hand experience, it is best if patient choice is firmly directed, or at least effectively nudged, by the recommendation of an experienced medical professional. The idea seems to be that, since physicians cannot get their patients to promptly assimilate a large amount of information and experience, physicians must, if they are to really help their patients make good decisions in hard cases, exert non‐argumentative influence on them. But this neglects an interesting possibility, namely the possibility of influencing patients by providing them with evidence regarding what decisions have proved most satisfactory for patients with their profile. Approximations of patient profile tests are already employed in medical practice. But the potential of the profile‐test approach in medical practice (and research) has been obscured by ongoing debate that neglects the significance of the approach with respect to the apparent dilemma faced by patients who need to make informed, autonomous decisions but cannot be expected to fully assimilate, in short order, the knowledge and experience of their physicians. (shrink)

According to Kant, the supreme principle of morality is: “act only according to that maxim through which you can at the same time will that it become a universal law” (G 4:421). This principle has come to be known as the Formula of Universal Law (“FUL”). Few philosophers believe it succeeds. But, I argue, few philosophers have understood what FUL means. This dissertation offers a full defense of FUL. It is, in fact, the supreme principle of morality—and it can successfully (...) derive a viable theory of permissible action and virtuous willing. Kant was right. Chapter 1 considers FUL’s role in relation to Kant’s subsequent formulations of the Categorical Imperative and the broader architectonic of duty he sets up in the Metaphysics of Morals. I argue that Kant’s formulations are equivalent insofar as they are each expressions of the very same moral principle. And I suggest that FUL’s two tests correspond to Kant’s later distinction between duties of right and duties of virtue. Thus, FUL’s contradiction-in-conception test can be used to derive duties governing permissible action, and FUL’s contradiction-in-the-will test can be used to derive duties governing virtuous willing. This sets up the framework for the remainder of the dissertation. Chapters 2 and 3 together interpret and defend Kant’s account of permissible action. In Chapter 2, I argue that we should fundamentally reconceive of the nature and purpose of Kant’s permissibility criterion. Kant’s contemporary interpreters have adopted too psychologistic an account of the maxim. Kantian maxims have little to do with the motivating principles of actual agents. Relying on Kant’s historical context and his account of maxims in rational agency, I argue that FUL tests means-end principles which describe act-types. When its permissibility test is applied to such principles, it can viably derive general duties. Chapter 3 continues this positive account of Kant’s permissibility test and defends it from common objections. I argue that the contradiction-in-conception test rejects an act-type when it would be inconceivable for all rational agents to be directly governed by the type’s means-end imperative as a universal practical law. So understood, FUL condemns act-types because: (1) they are hypocritically self-serving, (2) they inflict agential harm on other agents, or (3) they inflict self-harm motivated by self-love. I defend FUL’s derivations against such act-types against common criticisms, such as that they are circular or overbroad. Turning to prominent objections against Kant’s account of permissible action, I then argue that FUL correctly rules out all and only impermissible actions. Moreover, its conclusions are both nuanced and normatively defensible. In Chapter 4, I turn to Kant’s virtue ethics. I begin by considering the demands of Kantian virtue. I argue that we should reject accounts on which duties of virtue are merely less restrictive duties governing permissible action. Instead, I argue, they represent genuinely virtue-ethical requirements to promote morally worthy ends, namely, the ends of our own perfection and others’ happiness. I show that all of Kant’s duties of virtue can ultimately be traced back to one of these required ends. Then, I argue that FUL’s contradiction-in-the-will test can successfully derive our positive obligation to set the ends of virtue. I conclude that FUL is successful not only as a standard of permissibility, but also as the supreme principle of virtue. (shrink)

This chapter considers the centrality of principles in Kant’s moral philosophy, their distinctively ‘Kantian’ character, why Kant presents a ‘metaphysical’ system of moral principles and how these ‘formal’ principles are to be used in practice. These points are central to how Kant thinks pure reason can be practical. These features have often puzzled Anglophone readers, in part due to focusing on Kant’s Groundwork, to the neglect of his later works in moral philosophy, in which the theoretical preliminaries of that first (...) essay are properly articulated. In part, however, these puzzles stem, directly or indirectly, from Kant’s opposition to moral empiricism, which is bound to puzzle Anglophone readers, whose default orientation is empiricist. Accordingly, particular attention is paid to Kant’s reasons for rejecting moral empiricism and for developing an alternative to it, to Kant’s account of how his universalization tests serve as criteria of morally obligatory, permissible or prohibited actions and to his account of what is morally wrong with actions which violate those criteria. Examining these points provides a compelling synopsis of Kant’s system of moral principles, centring on the key terms ‘practical reason’, ‘law’, ‘maxim’ and ‘Categorical Imperative’. (shrink)

To date, both the United States federal government and twenty-one individual states have passed Religious Freedom Restoration Acts that aim to protect religious persons from having their sincere beliefs substantially burdened by governmental interests. RFRAs accomplish this by offering a three-pronged exemption test for religious objectors that is satisfied only when (1) an objector has a sincere belief that is being substantially burdened; (2) the government has a very good reason (e.g., health or safety) to interfere; and (3) there (...) is a reasonable alternative to serve the compelling interest. Legal balancing tests like those found in RFRA are content neutral insofar as they sideline the belief-content of conscientious objections as irrelevant when determining the permissibility of granting legal accommodations. However, some theorists worry that this legal picture may be backward: perhaps balancing tests should be content non-neutral given the usual features of conscientious objections. For example, Yossi Nehushtan contends that, contrary to their typical codification, religious conscience beliefs seem undeserving of special legal accommodations because they possess uniquely strong empirical and theoretical ties to intolerance. Thus, the illiberally intolerant content of these conscientious objections might actually give the state a reason to refuse to grant legal exemptions. In this paper, I offer a cursory defense of content neutrality with respect to balancing tests like those found in RFRA. To begin, I outline Nehushtan’s argument for content non-neutrality. The cornerstone of his argument is that illiberal intolerance is intolerable such that conscientious objections that are based upon illiberally intolerant values provide the state with strong, normally prevailing reason not to grant an exemption. I argue that, even when the illiberally intolerant content of one’s conscience constitutes a weighty and relevant factor in determining the permissibility of granting a legal exemption, there remain significant problems. It is difficult, for example, to determine which views are illiberally intolerant and difficult to say whether illiberally intolerant views can effectively serve as the principled demarcating line in balancing tests. To conclude, I offer several cursory arguments in favor of adopting content-neutral approaches without necessarily making a comprehensive case. By drawing on the work of Amy Sepinwall, Nadia Sawicki, and Nathan Chapman, I show that content-neutral approaches can help to safeguard robust protections for conscience by permitting atypical exercises of conscience, protect minority thoughts and practices from being coercively supplanted by majoritarian understandings of morality, appropriately maintain the skepticism and humility that we owe each other as compatriots in a pluralistic society, and allow the kind of justifiable civil disobedience that has an important place in political history among other things. (shrink)

What is morally permissible, and what is morally obligatory? These questions form the core of a vast amount of philosophical reasoning. In his Fundamental Principles of the Metaphysics of Morals, Immanuel Kant developed a basis for the answers. In this landmark work, the German philosopher asks what sort of maxim might function as a guide to appropriate action under a given set of circumstances. By universalizing such a maxim, would morally permissible behavior not become clear? Suppose that everyone were to (...) behave in accordance with this maxim. If everyone followed the maxim in the same way without harm to civilized culture, then the behavior would be morally permissible. But what if no one followed the maxim? Would civilization thereby be at risk? In such a case, the behavior would be morally obligatory. Kant's test, known as the Categorical Imperative, is a logical proof of the Golden Rule and the centerpiece of this work. It constitutes his best-known contribution to ethical discussion, and a familiarity with his reasoning in this book is essential to students of philosophy, religion, and history. (shrink)

Employers sometimes use personality tests in hiring or specifically look for candidates with certain personality traits such as being social, outgoing, active, and extraverted. Therefore, they hire based on personality, specifically extraversion in part at least. The question arises whether this practice is morally permissible. We argue that, in a range of cases, it is not. The common belief is that, generally, it is not permissible to hire based on sex or race, and the wrongness of such hiring practices is (...) based on two widely accepted principles: the Relevance Principle and the Fairness Principle. The Relevance Principle states that hiring should be based on what is relevant to job performance, while the Fairness Principle states that hiring should be based on features that individuals can control. Since hiring based on sex or race violates these principles, it is wrong. However, we argue that, in a range of cases, hiring based on extraversion also violates these principles, and assuming the validity of the Relevance and the Fairness Principles, it follows that personality discrimination is morally wrong in those cases. (shrink)

What is morally permissible, and what is morally obligatory? These questions form the core of a vast amount of philosophical reasoning. In this landmark work, Kant proposes the concept of a maxim, which functions as a guide to appropriate action under a given set of circumstances. By universalizing the maxim, morally permissible and obligatory behavior becomes clear. The German philosopher's test, known as the Categorical Imperative, is a logical proof of the Golden Rule and the centerpiece of this work. (...) It constitutes Kant's best-known contribution to ethical discussion, and a familiarity with its constituents is essential to students of philosophy, religion, and history. (shrink)

Reprinted with modification and permission from Kennedy Institute of Ethics Journal. The phenomenon of medical overtesting in general, and specifically in the emergency room, is well-known and regarded as harmful to both the patient and the healthcare system. Although the implications of this problem raise myriad ethical concerns, this chapter explores the extent to which overtesting might mitigate race-based health inequalities. Given that medical malpractice and error greatly increase when the patients belong to a racial minority, it is no surprise (...) that the mortality rate similarly increases in proportion to white patients. For these populations, an environment that emphasizes medical overtesting may well be the desirable medical environment until care evens out among races and ethnicities; additionally, efforts to lower overtesting in conjunction with a high rate of racist medical mythology may cause harm by lower testing when it is actually warranted. Furthermore, medical overtesting may help to assuage racial distrust. This paper ultimately concludes that an environment of medical overtesting may be less pernicious than the alternative. (shrink)

Human subject trials of pharmaceuticals in low and middle income countries have been associated with the moral wrong of exploitation on two grounds. First, these trials may include a placebo control arm even when proven treatments for a condition are in use in other parts of the world. Second, the trial researchers or sponsors may fail to make a successful treatment developed through the trial available to either the trial participants or the host community following the trial.Many commentators have argued (...) that a single form of exploitation takes place during human subject research in LMICs. These commentators do not, however, agree as to what kind of moral wrong exploitation is or when exploitation is morally impermissible. In this paper, I have two primary goals. First, I will argue for a taxonomy of exploitation that identifies three distinct forms of exploitation. While each of these forms of exploitation has its critics, I will argue that they can each be developed into plausible accounts of exploitation tied to different vulnerabilities and different forms of wrongdoing. Second, I will argue that each of these forms of exploitation can coexist in single situations, including human subject trials of pharmaceuticals. This lesson is important, since different forms of exploitation in a single relationship can influence, among other things, whether the relationship is morally permissible. (shrink)

Objective To assess parental permission for a neonate's research participation using the MacArthur competence assessment tool for clinical research (MacCAT-CR), specifically testing the components of understanding, appreciation, reasoning and choice. Study Design Quantitative interviews using study-specific MacCAT-CR tools. Hypothesis Parents of critically ill newborns would produce comparable MacCAT-CR scores to healthy adult controls despite the emotional stress of an infant with critical heart disease or the urgency of surgery. Parents of infants diagnosed prenatally would have higher MacCAT-CR scores than parents (...) of infants diagnosed postnatally. There would be no difference in MacCAT-CR scores between parents with respect to gender or whether they did or did not permit research participation. Participants Parents of neonates undergoing cardiac surgery who had made decisions about research participation before their neonate's surgery. Methods The MacCAT-CR. Results 35 parents (18 mothers; 17 fathers) of 24 neonates completed 55 interviews for one or more of three studies. Total scores: magnetic resonance imaging (mean 36.6, SD 7.71), genetics (mean 38.8, SD 3.44), heart rate variability (mean 37.7, SD 3.30). Parents generally scored higher than published subject populations and were comparable to published control populations with some exceptions. Conclusions The MacCAT-CR can be used to assess parental permission for neonatal research participation. Despite the stress of a critically ill neonate requiring surgery, parents were able to understand study-specific information and make informed decisions to permit their neonate's participation. (shrink)

What counts as human rationality: reasoning processes that embody content-independent formal theories, such as propositional logic, or reasoning processes that are well designed for solving important adaptive problems? Most theories of human reasoning have been based on content-independent formal rationality, whereas adaptive reasoning, ecological or evolutionary, has been little explored. We elaborate and test an evolutionary approach, Cosmides' social contract theory, using the Wason selection task. In the first part, we disentangle the theoretical concept of a “social contract” from (...) that of a “cheater-detection algorithm”. We demonstrate that the fact that a rule is perceived as a social contract — or a conditional permission or obligation, as Cheng and Holyoak proposed — is not sufficient to elicit Cosmides' striking results, which we replicated. The crucial issue is not semantic, but pragmatic: whether a person is cued into the perspective of a party who can be cheated. In the second part, we distinguish between social contracts with bilateral and unilateral cheating options. Perspective change in contracts with bilateral cheating options turns P & not-Q responses into not-P & Q responses. The results strongly support social contract theory, contradict availability theory, and cannot be accounted for by pragmatic reasoning schema theory, which lacks the pragmatic concepts of perspectives and cheating detection. (shrink)

The recent discussions about alternative sources of human embryonic stem cells , while stirring new interest in the developmental potential of the various abnormal embryos or constructs proposed as such sources, also raise questions about the potential of the derived embryonic stem cells. The data on the developmental potential of embryonic stem cells that seem relevant for ethical considerations and aspects of patentability are discussed. Particular attention is paid to the meaning of “totipotency, omnipotency and pluripotency” as illustrated by a (...) comparison of the developmental potential of three-dimensional clusters of blastomeres , embryonic stem cells, somatic or stem cells or other somatic cells. This paper focuses on embryoid bodies and on direct cloning by tetraploid complementation. Usage and patenting of these cells cannot be considered to be ethically sound as long as totipotency and tetraploid complementability of embryonic stem cells are not excluded for the specific cell line in question. Testing this poses an ethical problem in itself and needs to be discussed in the future. (shrink)

Can beliefs to the effect that god is manifesting himself in a certain way to the believer ("m-beliefs") be justified by its seeming to the believer that he experiences god doing that? the issue is discussed in the context of several concepts of justification. on a "normative" concept of justification the answer will depend on what one's intellectual obligations are vis-a-vis practices of belief formation. on a rigorous view of such obligations one is justified in forming a m-belief on the (...) basis of experience only if one has adequate reasons for taking that practice to be reliable. on a more permissive view of such obligations, one is justified only if one lacks adequate reasons for taking the practice to be unreliable. it is suggested that neither this practice nor, e.g., the practice of forming perceptual beliefs on the basis of sense perception passes the stronger test, but that they both pass the weaker test. (shrink)

The norm of assertion, to be in force, is a social norm. What is the content of our social norm of assertion? Various linguistic arguments purport to show that to assert is to represent oneself as knowing. But to represent oneself as knowing does not entail that assertion is governed by a knowledge norm. At best these linguistic arguments provide indirect support for a knowledge norm. Furthermore, there are alternative, non-normative explanations for the linguistic data (as in recent work from (...) Van Elswyk). Direct arguments would rely on normative judgments about the permissibility or impermissibility of assertions with and without the speaker knowing the content asserted. John Turri's work experimental results purport to show that our norm of assertion is factive, and probably knowledge. But as a number of recent experimentalists (Kneer, Reuter and Broessel, Marsili and Wiegmann) have shown, Turri's results rely on the problemmatic use of 'should' as in 'Maria should assert that she owns a 1990 watch.' Correcting for this, these experimentalists provide strong evidence that our norm of assertion is not factive. The standard reply to evidence like this from the assertion of unlucky falsehoods is the excuse maneuver. But Marsili and Wiegmann, following Turri's protocol for testing for excuse validation, show that participants who judge that assertions unlucky falsehoods are permissible are not guilty of excuse validation. Given our current understanding of the experimental evidence, knowledge is not our norm of assertion. (shrink)

An important test of any moral theory is whether it can give a satisfactory account of moral prohibitions such as those against promise breaking and lying. Act-utilitarianism (hereafter utilitarianism) implies that any act can be justified if it results in the best consequences. Utilitarianism implies that it is sometimes morally right to break promises and tell lies. Few people find this result to be counterintuitive and very few are persuaded by Kant’s arguments that attempt to show that lying is (...) always wrong, even if it is necessary to save someone’s life. One thing that makes Kant’s view about lying so implausible is that he is committed to the view that the duty not to lie is always more important than any conflicting duties. Even if we agree with utilitarianism that lying and promise breaking are sometimes morally permissible, we may still be inclined to think that utilitarianism is too permissive about lying and promise breaking. Ross gives the definitive statement of this criticism. He holds that there is a strong, but overrridable, moral presumption against telling lies and breaking promises that is independent of utilitarian considerations. Almost all utilitarians claim that there is a strong moral presumption against telling lies and breaking promises on account of the direct and indirect bad consequences of those actions. However, utilitarians cannot say that there is any moral presumption against lying and promise breaking that is independent of their bad consequences. Many philosophers think that Ross’s theory constitutes a kind of reasonable middle ground in ethics between Kant’s absolutism and utilitarianism. Ross’s theory is arguably the major ethical theory that is closest to most people’s commonsense moral beliefs. It is noteworthy that the two most important defenders of rule-utilitarianism/rule-consequentialism. (shrink)

One of the most challenging issues in medical ethics is a permission or prohibition of euthanasia. Is a patient with an incurable disease who has lots of pain permitted to kill oneself or ask others to do that? The main reason advanced by the opponents is the absolute prohibition of murder. Accordingly, the meaning of murder plays a key role in determining the moral judgment of euthanasia. The aim of this paper is to confirm the role of intention in moral (...) judgment of euthanasia and eliminate the name of unjust murder from voluntary euthanasia. The Intention of an agent determines the name of the act and whether it is right or wrong. An important point that dose not taken into account in the definitions of murder, killing as well as their ethical judgment is considering the attributes of being unjust and forcible. Killing a human being is neither intrinsically good nor bad, but its ethical judgment depends on the way that happens, i.e. just or unjust. Every killing is neither bad nor unethical except unjust one which is both bad and unethical. The attribute of “unjust” has been mentioned in the definition of murder in Islamic jurisprudence, law, traditions, and Quran. Owing to this argument, on one hand, it is true to state that voluntary euthanasia is not unjust and forcible murder (the test of correct negation), and on the other hand, it is not true to say that voluntary euthanasia is unjust and forcible murder (the test of incorrect predication). It can be concluded that voluntary euthanasia is an independent title other than unjust murder and does not have its judgment. (shrink)

Background:Moral courage is required at all levels of nursing. However, there is a need for development of instruments to measure nurses’ moral courage.Objectives:The objective of this study is to develop a scale to measure nurses’ self-assessed moral courage, to evaluate the scale’s psychometric properties, and to briefly describe the current level of nurses’ self-assessed moral courage and associated socio-demographic factors.Research design:In this methodological study, non-experimental, cross-sectional exploratory design was applied. The data were collected using Nurses’ Moral Courage Scale and analysed (...) statistically.Participants and research context:The data were collected from a convenience sample of 482 nurses from four different clinical fields in a major university hospital in Finland for the final testing of the scale. The pilot comprised a convenience sample of 129 nurses.Ethical considerations:The study followed good scientific inquiry guidelines. Ethical approval was obtained from the university ethics committee and permission to conduct the study from the participating hospital.Findings:Psychometric evaluation showed that the 4-sub-scale, 21-item Nurses’ Moral Courage Scale demonstrates good reliability and validity at its current state of development showing a good level of internal consistency for a new scale, the internal consistency values ranging from 0.73 to 0.82 for sub-scales and 0.93 for the total scale, thus well exceeding the recommended Cronbach’s alpha value of >0.7. Principal component analysis and confirmatory factor analysis supported the theoretical construct of Nurses’ Moral Courage Scale. Face validity and expert panel assessments markedly contributed to the relevance of items in establishing content validity.Discussion and conclusion:Nurses’ Moral Courage Scale provides a new generic instrument intended for measuring nurses’ self-assessed moral courage. Recognizing the importance of moral courage as a part of nurses’ moral competence and its assessment offers possibilities to develop interventions and educational programs for enhancement of moral courage. Research should focus on further validation measures of Nurses’ Moral Courage Scale in international contexts. (shrink)

This study examined the validity and reliability of a Turkish version of the Modified Moral Sensitivity Questionnaire for Student Nurses. After obtaining permission to adapt the MMSQSN into Turkish, the translation/back-translation method was used with expert opinions to determine content validity. Factor analysis was conducted to examine the construct validity and test–retest was performed on the questionnaire to determine reliability. Cronbach’s alpha coefficients were calculated to assess for internal consistency. Participants included 272 baccalaureate degree student nurses who took ethics (...) lessons prior to their clinical internship. The factor analysis revealed that even though the factor structure in the original scale was the same, relevant items were categorized with similar components, and factor loads were sufficient. The correlation coefficient in the analyses of test–retest scores was.66 for the total scale and the Cronbach’s alpha was.73 for the total scale. The translated MMSQSN is a valid and reliable measure of ethical sensitivity in student nurses in Turkey. (shrink)

When we judge an action as morally right or wrong, we rely on our capacity to infer the actor's mental states. Here, we test the hypothesis that the right temporoparietal junction, an area involved in mental state reasoning, is necessary for making moral judgments. In two experiments, we used transcranial magnetic stimulation to disrupt neural activity in the RTPJ transiently before moral judgment and during moral judgment. In both experiments, TMS to the RTPJ led participants to rely less on (...) the actor's mental states. A particularly striking effect occurred for attempted harms : Relative to TMS to a control site, TMS to the RTPJ caused participants to judge attempted harms as less morally forbidden and more morally permissible. Thus, interfering with activity in the RTPJ disrupts the capacity to use mental states in moral judgment, especially in the case of attempted harms. (shrink)

Philosophers have offered several apparently powerful arguments against the permissibility of eating meat. However, the idea that it is okay to eat meat can seem like a bit of ethical common sense. This paper examines the attempt to adapt one of the most influential philosophical defenses of common sense –G. E. Moore’s case against the skeptic andthe idealist –in support of the omnivore. I first introduce and explain Moore’s argument against the skeptic. I then explain how that argument can (...) be adapted to address two influential philosophical arguments against the omnivore, due to Tom Regan and James Rachels. The adapted Moorean arguments appear strikingly similar to the original. However, I argue that we should not simply assume that all Moorean arguments are created equal. Instead, I propose a set of principled criteria that can be used to test Moorean arguments on a case-by-case basis. Those criteria give the Moorean reason for optimism against the skeptic, but suggest that the Moorean’s case is much weaker against the ethical vegetarian. I conclude that the Moorean omnivore’s argument has potentially uncomfortable implications for all sides in debates about ethical vegetarianism, and illuminates important and neglected questions about the force of philosophical arguments in applied ethics. (shrink)