Objectives: To report the attitudes and opinions of subjects in US clinical trials about whether or not, and why, they should receive post-trial access (PTA) to the trial drug, care and information. Design: Focus groups, short self-administered questionnaires. Setting: Boston, Dallas, Detroit, Oklahoma City. Participants: Current and recent subjects in clinical trials, primarily for chronic diseases. Results: 93 individuals participated in 10 focus groups. Many thought researchers, sponsors, health insurers and others share obligations to facilitate PTA to the trial drug, (...) if it benefited the subject, or to a therapeutic equivalent. Some thought PTA obligations include providing transition care (referrals to non-trial physicians or other trials, limited follow-up, short-term drug supply) or care for long-term adverse events. Others held, in contrast, that there are no PTA obligations regarding drugs or care. However, there was agreement that former subjects should receive information (drug name, dosage received, market approval date, long-term adverse effects, trial results). Participants frequently appealed to health need, cost, relationships, reciprocity, free choice and sponsor self-interest to support their views. Many of their reasons overlapped with those commonly discussed by bioethicists. Conclusion: Many participants in US trials for chronic conditions thought there are obligations to facilitate PTA to the trial drug at a “fair” price; these views were less demanding than those of non-US subjects in other studies. However, our participants’ views about informational obligations were broader than those of other subjects and many bioethicists. Our results suggest that the PTA debate should expand beyond the trial drug and aggregate results. (shrink)

Growing interest in embedded research approaches—where research is incorporated into clinical care—has spurred numerous studies to generate knowledge relevant to the real-world needs of patients and other stakeholders. However, it also has presented ethical challenges. An emerging challenge is how to understand the nature and extent of investigators’ obligations to patient-subjects. Prior scholarship on investigator duties has generally been grounded upon the premise that research and clinical care are distinct activities, bearing distinct duties. Yet this premise—and its corresponding implications—are challenged (...) when research and clinical care are deliberately integrated. After presenting three case studies from recent pragmatic clinical trials, we identify six differences between explanatory trials and embedded research that limit the application of existing scholarship for ascertaining investigator duties. We suggest that these limitations indicate a need to account for the implications of usual care and to move beyond a narrow focus on the investigator-subject dyad, one that better reflects the team- and institution-based nature of contemporary health systems. (shrink)

Many philosophers hold that whether an act is overall morally obligatory is an ‘objective’ matter, many that it is a ‘subjective’ matter, and some that it is both. The idea that it is or can be both may seem to promise a helpful answer to the question ‘What ought I to do when I do not know what I ought to do?’ In this article, three broad views are distinguished regarding what it is that obligation essentially concerns: the (...) maximization of actual value, the maximization of expected value, and the perceived maximization of actual value. The first and third views are rejected; the second view is then refined and defended. The unfortunate upshot is that there may be no very helpful answer to the question just mentioned. As to the question posed in the title of the article, the answer unsurprisingly depends on what ‘objective’ and ‘subjective’ are taken to mean. (Published Online November 24 2006). (shrink)

In this paper, I provide an account of subjective epistemic obligations. In instances of peer disagreement, one possesses at least two types of obligations: objective epistemic obligations and subjective epistemic obligations. While objective epistemic obligations, such as conciliationism and remaining steadfast, have been much discussed in the literature, subjective epistemic obligations have received little attention. I develop an account of subjective epistemic obligations in the context of worldview disagreements. In recent literature, the notion of worldview disagreement (...) has been receiving increasing attention, and I discuss how understanding worldview disagreements through different classes of beliefs might clarify our understanding of subjective epistemic obligations. I first distinguish between three classes of beliefs, by virtue of their justificatory functions within worldviews: fundamental, crucial and incidental. I then discuss four kinds of worldview disagreements based on this account. Finally, I argue that each disagreement results in different subjective epistemic obligations for each disputant. I conclude by discussing some implications this analysis has for issues such as defeat, peerhood, and epistemic injustice. (shrink)

Since it can sometimes seem necessary to undertake research that might affect a developing fetus, it would be useful to have a satisfactory ethical framework governing such efforts. Frank Chervenak...

Written by one of the instrumental figures in environmental ethics, Nature as Subject traces the development of an ethical policy that is centered not on human beings, but on itself. Katz applies this idea to contemporary environmental problems, introducing themes of justice, domination, imperialism, and the Holocaust. This volume will stand as a foundational work for environmental scholars, government and industry policy makers, activists, and students in advanced philosophy and environmental studies courses.

In recent years, a growing number of thinkers have criticized the use of human rights as an international standard. It is the thesis of this essay that by addressing these critics from a Levinasian ethical framework, rather than a Kantian one, we can formulate a conception of human rights that is viable for a pluralistic, international community. Though Levinas’s ethics retains an affinity to Kant’s, the divergence of Levinas’s theory from Kant’s on the issues of autonomy/heteronomy and the role of (...) reason in ethics opens up new possibilities for conceptualizing human rights. By exploring these two divergences, I willshow that a Levinasian framework prioritizes the ethical demands of others in a way that invites both a fallibilistic commitment to and an ongoing critique ofhuman rights. (shrink)

When may a physician enroll a patient in clinical research? An adequate answer to this question requires clarification of trust-based obligations of the state and the physician-researcher respectively to the patient-subject. The state relies on the voluntarism of patient-subjects to advance the public interest in science. Accordingly, it is obligated to protect the agent-neutral interests of patient-subjects through promulgating standards that secure these interests. Component analysis is the only comprehensive and systematic specification of regulatory standards for benefit-harm evaluation by research (...) ethics committees (RECs). Clinical equipoise, a standard in component analysis, ensures the treatment arms of a randomised control trial are consistent with competent medical care. It thus serves to protect agent-neutral welfare interests of the patient-subject. But REC review occurs prior to enrolment, highlighting the independent responsibility of the physician-researcher to protect the agent-relative welfare interests of the patient-subject. In a novel interpretation of the duty of care, we argue for a “clinical judgment principle” which requires the physician-researcher to exercise judgment in the interests of the patient-subject taking into account evidence on treatments and the patient-subject‘s circumstances. (shrink)

This paper addresses the growing concern over violation of research ethics in marketing, in particular rights of human subjects in fieldwork, notably the right to informed consent; right to privacy and confidentiality; and right not to be deceived or harmed as a result of participation in a research. The paper highlights the interaction of the three main parties involved in most marketing research: the sponsoring organization (client or user), researcher, and participant in the survey, focusing on researcher’s ethical responsibilities in (...) interacting with human subjects in surveys. The paper stresses the importance of ethical integrity in marketing research and emphasizes the need to establish a universal model for regulatory requirements and well institutionalized practice of ethical research. (shrink)

In this paper I discuss a number of different relationships between two kinds of obligation: those which have individuals as their subject, and those which have groups of individuals as their subject. I use the name collective obligations to refer to obligations of the second sort. I argue that there are collective obligations, in this sense; that such obligations can give rise to and explain obligations which fall on individuals; that because of these facts collective obligations are not simply (...) reducible to individual obligations; and that collective obligations supervene on individual obligations, without being reducible to them. The sort of supervenience I have in mind here is what is sometimes called ‘global supervenience’. In other words, there cannot be two worlds which differ in respect of the collective obligations which exist in them without also differing in respect of the individual obligations which exist in them. (shrink)

Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent (...) who may be uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. -/- . (shrink)

The author examines the relation between Michel Foucault's corpus and Freudian psychoanalysis. He argues that Foucault had a complex and changing relationship to psychoanalysis for two primary reasons: his own psychopathology, personal experience, and expressed desire, and due to an ineluctable contradiction at the heart of psychoanalysis itself. The author examines the history of Foucault's personal and scholarly interest in psychology and psychiatry, tracing the emergence, development, and shift in his thought and work. He then argues that Foucault's critique of (...) psychoanalysis can be extended to the constitution of the Western educated subject, and that Foucault ultimately resolved his personal dilemma in relation to psychoanalysis by rejecting the ‘will to knowledge’ and refusing the notion of a stable and fixed identity. (shrink)

The current prevailing view is that participation in biomedical research is above and beyond the call of duty. While some commentators have offered reasons against this, we propose a novel public goods argument for an obligation to participate in biomedical research. Biomedical knowledge is a public good, available to any individual even if that individual does not contribute to it. Participation in research is a critical way to support an important public good. Consequently, all have a duty to participate. (...) The current social norm is that individuals participate only if they have a good reason to do so. The public goods argument implies that individuals should participate unless they have a good reason not to. Such a shift would be of great aid to the progress of biomedical research, eventually making society significantly healthier and longer lived. (shrink)

Political debate is a distinctive domain in argumentation, characterized by these features: it is about proposals for action, not about propositions that may have a truth value; there may be good arguments on both sides; neither the proposal nor its rejection follows by necessity or inference; the pros and the cons generally cannot, being multidimensional and hence incommen- surable, be aggregated in an objective way; each audience member must subjectively compare and balance arguments on the two sides; eventual consensus between (...) the debaters is not a reasonable requirement. From all this follows a view of the rhetor’s special obligation in democratic, deliberative rhetoric on which it becomes crucial, in the interest of the audience, that political debaters acknowledge good arguments on the opposite side and explain why, on balance, they deem the arguments favoring their own side to be stronger. (shrink)

We naturally attribute obligations to groups, and take such obligations to have consequences for the obligations of group members. The threat posed by anthropogenic climate change provides an urgent case. It seems that we, together, have an obligation to prevent climate catastrophe, and that we, as individuals, have an obligation to contribute. However, understood strictly, attributions of obligations to groups might seem illegitimate. On the one hand, the groups in question—the people alive today, say—are rarely fully-fledged moral agents, (...) making it unclear how they can be subjects of obligations. On the other, the attributions can rarely be understood distributively, as concerned with members’ obligations, because obligations to do something require a capacity to do it, and individual members often lack the relevant capacities. Moreover, even if groups can have obligations, it is unclear why that would be relevant for members, exactly because members often lack control over whether group obligations are fulfilled. In previous work, I have argued that a general understanding of individual obligations extends non-mysteriously to irreducibly shared obligations, rendering attributions of obligations to groups legitimate. In this paper, I spell out how the proposed account also helps us understand the relation between individual and shared obligations. Even though few individual human agents have any significant control over whether we will be successful in preventing climate catastrophe, our collective capacity to prevent catastrophe and shared preventative obligation to do so can give rise to significant individual obligations to contribute to its fulfillment. (shrink)

Argues that role obligations are not marginal, "that they are central to morality and should be taken seriously." "A 'role obligation' is a moral requirement, which attaches to an institutional role, whose content is fixed by the function of the role, and whose normative force flows from the role." Rejects what he calls the doctrine of perfect adequacy which holds that role obligations are both comprehensive and transparent. Although this may have been plausible at earlier times, it is clearly (...) implausible now. It is the implausibility of this doctrine which has led theorists to accept the standard view: which holds that role obligations that are noncontractual are extremely problematic. Once we reject the doctrine of perfect adequacy, however, we can see the significance of role obligations more clearly. [The content of role obligations, Hardimon admits, is indeterminate in the sense that it is subject to constructive interpretation. This suggests, however, that the obligations are not the source of their normative power, rather it is their justifying value which explains why some role requirements are obligatory. This is confirmed by the rest of the article.] One thing that should lead us to question the notion that we do not have obligations of this sort by considering what it would be like to have no noncontractual role obligations. [This, however, does not establish that the force of role obligations flows from the obligations themselves.] One objection to NCR obligations is that they may require acting in accordance with an unjust institution. However, the solution here is the same as with contractual obligations: unjust institutions and contracts do not bind. Moves on to identity. "What I am assuming is that most of us do at least tacitly conceive of ourselves as family members and citizens, that these self-understandings are central to our own general self-conception, and that we can, through reflection come to recognize that we do in fact conceive of ourselves in these ways. If this is correct, then abandoning the idea that we have noncontractual role obligations would require radical revision of our self-conception, for we cannot give up the idea of nonctractual role obligation without also ceasing to conceive of ourselves as family members and citizens. What, after all, would it mean to say that we conceive of ourselves as family members but regard oursleves as having no familial obligations whatsoever?...The upshot of the last two paragraphs is that the cost of abandoning our conception of ourselves as family members and citizens would be enormous." [The moral significance of identity is unclear here - is the only normative element loss of identity with rejection of role obligations? What of the case when one's identity is caught up in a role which requires one to act immorally in other ways?] If impressment is our concern, it shouldn't be, for role obligations are not like impressment - one is born into them, not impressed [how does this make a difference?]. Role must be reflectively acceptable to produce genuine obligations. "Determining whether a given social role is reflectively acceptable involves stepping back from that role in thought and asking whether it is a role people ought to occupy and play. Determining that a given social role is reflectively acceptable involves judging that it is meaningful, rational, or good." [Hence, some independent value is going to do all the work for role obligations - the normative force of a role does not flow from the role itself.] Concerning voluntary roles - even if we agree that voluntary acceptance is essential, this omits important elements of role identification. "The key component of the idea of identifying with a role is that of conceiving of oneself as someone for whom the norms, that is, the evaluative standards associated with a role, its rights, duties, virtues, ideals, and supererogations, have reason-giving force. Here is the idea. If you identify with a role, its norms will function for you as reasons. If you are a judge who identifies with the role of judge, the fact that this is something judges do will give you a reason for doing it." [Clearly a non-sequiter - conceiving of oneself as having a reason does not give oneself a reason for doing - there must actually be a reason for doing something. Moreover, the content of the role may be in question - and here we are to engage in constructive interpretation, which is just to say that we are to identify some underlying value and this will serve to justify and determine the content of the role. Refers to usage of "look, its your job" as basis for substantiating claims about the normative force of identity. "But here a basic point of similarity emerges between contractual and noncontractual role obligations. People can and do identify with their noncontractual roles and not just with their contractual roles. And when they do, assuming that the appropriate background moral conditions are in place, the fact taht they occupy these roles will provide them with reasons for carrying out the tasks of their noncontractual roles...The basic form of motivation provided by identification with contractual and noncontractual role obligations is the same.". (shrink)

Informed consent requirements for medical research have expanded over the past half-century. The Declaration of Helsinki now includes an explicit positive obligation to inform subjects about funding sources. This is problematic in a number of ways and seems to oblige researchers to disclose information irrelevant to most consent decisions. It is argued here that such a problematic obligation involves an “informational fallacy.” The aim in the second part of the paper is to provide a better approach to making (...) sense of how a failure to inform about funding sources wrongs subjects: by making appeals to obligations to refrain from misleading by omission. This alternative approach—grounded in a general obligation to refrain from misleading, an obligation that is independent of informed consent—provides a basis for a norm that protects subjects’ interests, without the informational fallacy. The approach developed here avoids the problems identified with the currently specified general obligation to inform about funding sources. (shrink)

Does one have special obligations to support the political institutions of one’s own country precisely because it is one’s own? In short, does one have political obligations? This book argues for an affirmative answer, construing one’s country as a political society of which one is a member, and a political society as a special type of social group. The obligations in question are not moral requirements derived from general moral principles. They come, rather, from one’s participation in a special kind (...) of commitment: a joint commitment. This theory is referred to as the plural subject theory of political obligation since, by the author’s definition, those who are party to any joint commitment constitute a plural subject of some action in a broad sense of the term. Several alternative theories are compared and contrasted with plural subject theory, with a particular focus on the most famous — actual contract theory — according to which membership in a political society is a matter of participation in an agreement. The book offers plural subject accounts of both social rules and everyday agreements, and includes discussion of political authority and punishment. (shrink)

Many authors hold that collectives, as well as individuals can be the subjects of obligations. Typically these authors have focussed on the obligations of highly structured groups, and of small, informal groups. One might wonder, however, whether there could also be collective obligations which fall on everyone – what I shall call ' global collective obligations '. One reason for thinking that this is not possible has to do with considerations about agency : it seems as though an entity can (...) only be the subject of obligations if it is an agent. In this paper, I try to show that the argument from agency is not a good reason for being sceptical about the existence of global collective obligations : it derives whatever plausibility it has from the idea that claims about obligation need to be addressable to some agent. My suggestion is that we should accept this principle about the addressability of obligations, but deny that the addressee of an obligation need be the subject of that obligation. The collective obligations of unstructured collections of individuals, including global collective obligations, meet the addressability requirement insofar as they require something of the individuals who make up the collective. (shrink)

Decades of public investment in molecular technologies and data integration techniques have fueled promises of precision medicine (PM) as a novel, targeted, and data-driven approach that takes into...

According to the special-obligations challenge to the justice argument for more open borders, immigration restrictions to wealthier polities are justified because of special obligations owed to disadvantaged compatriots. I interrogate this challenge by considering three types of ground for special obligations amongst compatriots. First, the social relations that come with shared residence, such as participation in a territorially bounded, mutually beneficial scheme of cooperation; having fundamental interests especially vulnerable to the state’s exercise of power; being subject to coercion by the (...) state; and having pervasive and roughly equal stakes in a political society. Second, the civic relations of shared citizenship, such as participation in a common political enterprise. And third, the political relation of joint responsibility for the exercise of political power. In light of this analysis, I argue that whatever special obligations are owed by citizens (or residents) of wealthier polities to their domestic poor, they do not justify restrictions on immigration by the global poor. (shrink)

Many philosophers think that descriptive uncertainty is relevant to what we subjectively ought to do. This leads to a further question: is what we subjectively ought to do sensitive to our moral uncertainty as well? Includers say yes—what we subjectively ought to do is sensitive to both descriptive uncertainty and moral uncertainty. Excluders say no—only descriptive uncertainty matters to what we subjectively ought to do (i.e., moral uncertainty is irrelevant). Excluders argue that common motivations for the subjective ought only (...) give us reason to think that descriptive uncertainty matters. This paper focuses on one motivation: accessibility. Excluders argue that accessibility does not motivate the Includers’ view because moral truths are always accessible – unlike descriptive facts which are not always accessible. My goal is to defend the Includers’ view by arguing that moral truths are not always accessible in the relevant sense. (shrink)

The objective of the paper is to analyze whether that the pharmaceutical companies producing HIV drugs have moral obligation(s) towards the HIV victims in developing countries who don‟t have access to get drug to reduce their risks. The primary assessment is that the pharmaceutical companies have minimum moral obligation(s) to the HIV patients especially in developing countries. It is because they are human beings and hence they are the subject of moral considerations. The paper argues that from the (...) sense of benevolence, there may be an obligation that will tend pharmaceutical companies to make an opportunity of the concerned HIV patients of developing countries to get drugs. The discussion will be made from the utilitarian point of view. Though it is assumed that, utilitarianism is too demanding, I will show that the too demanding ness of utilitarianism can be minimized and it will not be contradictory with the main theme of utilitarian morality. In this respect the counter examples and arguments will also be analyzed to make the claim stronger. The paper also argues that though the primary aim of the pharmaceutical companies is to make money, the actions that might be taken by the pharmaceutical companies for the welfare of HIV victims will not hamper them in making money for which they are deployed. (shrink)

The paper is organized around two major, but closely interconnected goals. First, the paper’s principal aim is to offer a normative theory of political obligations that is based on certain insights of philosophical anarchism, theories of associative obligations and political realism. Second, the paper aims to offer a normative theoretical framework to examine political obligations in contemporary non-democratic contexts that does not vindicate non-democratic regimes and that does not exclude political obligations from the terrain of moral normativity. The theory of (...) political obligations this paper proposes can be briefly summarized as follows: political obligations are duties of compliance with the political authority claims of those who exercise political power. Their primary ground is membership. The mere fact of membership has moral weight in its own right and it is also inseparably embedded into a rich context of moral reasons for action that includes general reasons; ad hoc reasons; regime-specific reasons applying to every subject; and regime-specific offices that attribute specific responsibilities to individuals and groups. This rich context of typical moral reasons plays an important role in deciding what needs to be done, all things considered, with respect to the political authority claims. This account attempts to describe compliance in terms of genuine political obligations and also claims to be a plausible and general account. It does not claim to be a theoretically coherent moral justification for political obligations, however, just a theoretically coherent account of the varied sources and limitations of political obligations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:85, LEGAL OBLIGATION IN HUME There is one aspect of the thought of David Hume that seems to me to be important and topical, especially if considered in relation to two reductionist and dogmatic tendencies that are still noticeable in the general theory of law. By dogmatic I understand conceptions that are insufficiently founded on experience. The first of these two dogmatic tendencies is the emphasis placed on (...) the notion of sanction which is viewed by some as prevailing over the concept of obligation to the point of absorbing it within itself. Law is that which the superior bodies of the dominant class impose. This doctrine has been affirmed even recently. But the master example is given by Bentham. To say that a man has the obligation to behave in a certain way is equivalent to saying that if he does not behave so, he will experience pain (or the absence of pleasure). Legal sanction is the source from which this pain comes. Thus Bentham goes so far as to say that pain is constitutive of 2 obligation in all its forms. This seems to be contrary to experience and common sense. In fact, one can observe a legal obligation independently of the consideration of the consequences inherent in its violation. For this and other reasons the doctrinal tendency to give prevalence to the notion of sanction over the notion of obligation does not take account of experience and is dogmatic. Against this dogmatism one observes even today that the concept of an obligation that arises from a constriction, the concept 3 of Zwangspflicht, is a contradictio in adjecto. Nevertheless, in order to avoid the contradiction inherent in the prevalence of sanction over obligation and the dependence of law on political power and on the power of those who command, it is easy to fall into a second and opposite dogmatism. This second dogmatism consists in affirming the existence of fundamental legal obligations deducible from a priori principles understood platonically 86. as Ol·(fO- T"*) WVXt\S and as vision of the mind. But demonstrative reason, so understood, is determined exclusively through relations of ideas which, in Hume's opinion, cannot themselves constitute legal obligation. A legal system requires modifications and limitations to the passions and interests of individuals. As is well known, Hume argues that a passion and an interest cannot be modified by selfevident rational principles. No criterion that is deducible from demonstrative reason can function as a guide to human behaviour. Now between the two dogmatisms to which I have referred, Hume represents a third way on the basis of experience and of common sense. The advantage offered by Hume's thought is that of showing both the distinction between and the complementary nature of legal obligation and sanction. In what follows I shall discuss what I consider to be the kernel of Hume's legal theory as contained in his conception of human nature, setting aside secondary elements that do not directly concern the subject proposed. First: A legal system is not conceivable without setting up fundamental legal rules which, in Hume's opinion are the rules of justice. Consequently, the discussion of law implies the discussion of justice. And the discussion of justice is part of legal theory. Here I restrict my consideration to the obligations that are expressed by fundamental legal rules which are: stability of possession transference of possession by consent, and performance of promises. We know that, according to Hume, such rules cannot be derived from demonstrative or a_ priori reason but are revealed to empirical knowledge. Second: Hume distinguishes between the setting up of legal obligation and the moral evaluation of the legal obligation. In order to grasp the peculiarity of legal obligation as compared with moral evaluation, I refer here to the constitution of legal obligation. In order to understand the third book of the Treatise, it is in my 87. opinion absolutely necessary to take into account the distinction between the setting up of the legal obligation and its moral evaluation. Third: The obligations expressed in fundamental legal rules do not arise through a natural inclination but by artifice or by convention. The concept of artifice implies in Hume... (shrink)

Michael J. Zimmerman explores whether and how our ignorance about ourselves and our circumstances affects what our moral obligations and moral rights are. He rejects objective and subjective views of the nature of moral obligation, and presents a new case for a 'prospective' view.

It is natural to distinguish between objective and subjective senses of.

Do we ever have an obligation to choose to hold beliefs, religious or otherwise? The relations between belief, volition and moral responsibility are the subject of William James' widely discussed essay ‘The Will to Believe’. James first takes up the relationship between volition and belief: Does it make sense to speak of choosing to believe a proposition? His answer is that it does, in the sense that we can choose to act in ways which encourage the production of a (...) believing attitude in ourself. For example, we can be selective in attending to evidence, and we can incline ourselves toward belief by acting as though we already believe. By avoiding certain influences and subjecting ourself to others, we can encourage the development of belief. In so doing, we in effect treat ourself as a third person, and our behaviour is analogous to what we might engage in when encouraging others toward favourable evidence. The question of moral responsibility then becomes appropriate in our own case in a way analogous to that in which it does with respect to our belief-producing actions toward others. Just as the deception of others raises moral questions, so does the deception of ourselves. (shrink)

In the recent debate on political legitimacy, we have seen the emergence of a revisionist camp, advocating the idea of ‘legitimacy without political obligation,’ as opposed to the traditional view that political obligation is necessary for state legitimacy. The revisionist idea of legitimacy is appealing because if it stands, the widespread skepticism about the existence of political obligation will not lead us to conclude that the state is illegitimate. Unfortunately, existing conceptions of ‘legitimacy without political obligation’ (...) are subject to serious objections. In this article, I propose a new conception of ‘legitimacy without political obligation,’ and defend it against various objections that the revisionist idea of legitimacy is either conceptually or morally mistaken. This new conception of legitimacy promises to advance the debates between anarchists and statists by making the task of philosophical anarchists significantly more difficult. (shrink)

Heated debate surrounds the question whether the relationship between physician-researcher and patient-subject is governed by a duty of care. Miller and Weijer argue that fiduciary law provides a strong legal foundation for this duty, and for articulating the terms of the relationship between physician-researcher and patient-subject.

Legal rationalist: law claims to give its subjects reasons for action. Normative reasons intuition: Reasons for action being key, the obvious way to establish that law makes a practical difference in people's deliberations is by arguing that the law claims to give reasons for action to its subjects. Explanatory Reasons Intuition: "And while it is possible to be confused about our normative reasons, it seems unlikely that everyone is confused all the time; so the fact that people consistently take the (...) law as their motivating reason and guide their conduct by the law does seem to suggest that the law does provide normative reasons for its subjects." And if it’s a necessary feature of law that it claims authority, then the argu- ment seems to establish that law claims to provide reasons for its subjects. Schematically the argument as a whole goes like this: The law claims to be a legitimate authority. If a legitimate authority directs a subject to φ the subject is obligated to φ ). The fact that an agent is obligated to φ is a reason for her to φ. So the law claims that its directives are reasons......Obligations as Reason-Giving : the fact that A is obligated to φ is itself a reason for A to φ. Unfortunately for the Legal Rationalist, OAR is false. Legal obligation has certain features which mean that the fact that a certain action’s being legally obligatory cannot itself constitute a reason to perform that action." Will explain away the intuitions in terms of triggering, and show how law can make a normative difference that is consistent with the falsity of OAR. Law's claim, and normative impact, can be captured exclusively in terms of second-order reasons. PartofwhatHartisafterhereistheideathatdeliberationon the matter of whether or not to φ is closed or settled by the obligation. But deliberation is cut off because the law has reached some sort of conclusion or answer or verdict on the question of whether or not to φ. The legal obligation not to φ contains a practical verdict about φing: it is not to be done. This idea – that the legal obligation not to φ provides or contains a verdict that φing is not to be done – is the idea that legal obligation is verdictive. For something to be verdictive is for it to express or embody a verdict or conclusion as to what ought to be done. It is plausible to say that wrongness is verdictive. So to say that such-and-such an action would be wrong is to express a verdict on that action – it is one which should not be done. To get a handle on the idea of the verdictive it helps to contrast it with the contributory. A contributory consideration is one which contributes to the verdict, by increasing the weight on the verdict’s side. So that φing would harm someone, or would cause extreme suffering, or would have costs that vastly outweighed any benefits, say, would be contributory considerations on the side of the verdict that φing would be wrong." "Wrong" is verdictive, and so it cannot itself be a reason for the action - it cannot be a reason for itself. Obligation and wrong in law are very close, and obligation should be treated as verdictive. This shows us that OAR is false. (shrink)

Bioethics is currently witnessing unprecedented debate over the moral and legal norms governing the conduct of clinical research. At the center of this debate is the duty of care in clinical research, and its most widely accepted specification, clinical equipoise. In recent work, we have argued that equipoise and cognate concepts central to the ethics of clinical research have been left unnecessarily vulnerable to criticism. We have suggested that the vulnerability lies in the conspicuous absence of an articulated foundation in (...) moral and legal theory of the physician-researcher's duty of care to the patient-subject. We have repeatedly suggested that the requisite foundation is in the ethics of trust and the law of fiduciaries.Curiously, despite the absence of a published thorough exposition of our position, some have preemptively criticized our suggestion that the relationship between physician-researcher and patient-subject is fiduciary. Others have offered their own accounts of the implications of fiduciary law for the relationship. (shrink)

The problem of standard of care in clinical research concerns the level of treatment that investigators must provide to subjects in clinical trials. Commentators often formulate answers to this problem by appealing to two distinct types of obligations: professional obligations and natural duties. In this article, I investigate whether investigators also possess institutional obligations that are directly relevant to the problem of standard of care, that is, those obligations a person has because she occupies a particular institutional role. I examine (...) two types of institutional contexts: (1) public research agencies – agencies or departments of states that fund or conduct clinical research in the public interest; and (2) private-for-profit corporations. I argue that investigators who are employed or have their research sponsored by the former have a distinctive institutional obligation to conduct their research in a way that is consistent with the state's duty of distributive justice to provide its citizens with access to basic health care, and its duty to aid citizens of lower income countries. By contrast, I argue that investigators who are employed or have their research sponsored by private-for-profit corporations do not possess this obligation nor any other institutional obligation that is directly relevant to the ethics of RCTs. My account of the institutional obligations of investigators aims to contribute to the development of a reasonable, distributive justice-based account of standard of care. (shrink)

Data subject rights provide data controllers with obligations that can help with transparency, giving data subjects some control over their personal data. To date, a growing number of researchers have used these data subject rights as a methodology for data collection in research studies. No one, however, has gathered and analysed different academic research studies that use data subject rights as a methodology for data collection. To this end, we conducted a systematic literature review that searched, compiled, and analysed 32 (...) academic studies that use data subject rights as a data collection method. We find that the right of access is the most commonly-used data subject right by researchers, most studies are interested in measuring data subject rights compliance, and that a variety of difficulties exist in conducting research studies with data subject rights. We conclude that researchers should explore other data subject rights for alternative purposes, ease the process of exercising data subject rights, and improve the scalability of these studies. (shrink)

University of Calgary, Canada and Tel Aviv University, Israel mkeren{at}ucalgary.ca ' + u + '@' + d + ' '//--> Stacy Nyikos University of Tulsa, USA stacy-nyikos{at}utulsa.edu ' + u + '@' + d + ' '//--> Although questions of political obligation have been much discussed by scholars, little attention has been paid to moral reasons advanced by actual states to justify the compliance of their subjects. We examine the `self-image of the state' through Supreme Court decisions in the (...) USA, Germany, and Israel. Because moral reasons are expressed especially clearly in cases regarding obligations to provide military service, we focus on these. In spite of their important constitutional and judicial differences, the three states support military obligations along similar lines, though with some differences. In all three countries, appeal is made to obligations of reciprocity. Individuals must serve in order to provide the important benefit of defense. This `service conception' of political obligation accords norms of fairness or equality a central role, in order to justify the service of particular individuals. Reasons for less emphasis on fairness in Israeli cases are examined, while we claim that the overall similarities of the three countries provide some measure of indirect support to a theory of political obligation based on the principle of fairness. Key Words: political obligation • military service • fairness • principle of fairness • liberalism • state. (shrink)

Some feminist philosophers criticize the idea of human rights because, they allege, it encapsulates male bias; it is therefore misguided, in their view, to extend moral rights to non-human animals. I argue that the feminist criticism is misguided. Ideas are not biased in favour of men simply because they originate with men, nor are ideas themselves biased in favour of men because men have used them prejudicially. As for the position that women should abandon theories of rights and embrace an (...) ethic that emphasizes care: women who made this choice would not so much liberate themselves from the patriarchy as they would conform to its representation of women as emotional, subjective and irrational. There is, then, no good reason to withhold ascribing rights to non-human animals, based on the criticisms of rights made by some feminists. (shrink)

Growing philosophical interest in theories of obligation has many sources. Among the most important ones is the tendency to redefine the scope of the political. Then we are Inevitably confronted with the question about the nature and scope of our obligations towards others. An analysis of an important and popular distinction between obligations of justice and obligations of charity shows that their distinctive characteristics are seldom precise and clear-cut. Moreover, they are more superficial rather than substantive and do not (...) allow to draw a clear line between obligatory and desirable behavior, or legally and morally obligatory behavior. In present-day ethical theory there is a tendency towards expanding the scope of obligations of justice and redefining their content. Actions whichtraditionally might have been considered as display of good nature are more and more often perceived as obligations avoidance of which is unjust. This also changes the role of institutions. The borders and content of individual obligations of justice should be considered in close connection with the problem of constructing just social institutions. The subjects of justice (the moral individual and the social institute) are interrelated and the search for an optimalbalance between two viewpoints – those of private interest and impartiality – becomes a unifying project both for political and moral philosophers. (shrink)

There is another set of entities that needs to be brought into the conversation about the ethical, legal, and social implications of scientific conduct. This widely varied group includes not‐for‐profit educational, academic, public‐service, and philanthropic organizations other than the type mentioned above as well as for‐profit businesses. Despite their major differences, these organizations may all be in a position to make decisions, directly or indirectly, about the conduct of scientific research. And those decisions may have a significant impact on the (...) parties normally involved in thinking and talking about obligations and concerns—the researchers, the subjects, and the general public. Yet there are few if any conceptual frameworks to help organizations address the ethical, legal, and social issues related to conducting scientific research. There are also few resources to help organizations find and develop the expertise required to make responsible decisions or communicate those decisions in ways that could support and advance the ethical conduct of research.In what follows, we try to identify and explore the duties, rights, and interests of one such organization, the Center for Talented Youth at Johns Hopkins University, when asked to play a supporting role in research on the genetics of intelligence. As central agents in this case, we hope to demonstrate why organizations like CTY cannot be neglected in the broader effort to ensure trustworthy research into the genetics of intelligence. (shrink)

This paper develops a general account of special relations and special obligations, and uses it as a framework to argue for a modest form of speciesism – mitigated speciesism – based on an understanding of species co-membership as a thick concept. Mitigated speciesism steers a middle ground between anti-speciesism and crude speciesism. Unlike anti-speciesists, I maintain that species co-membership is a morally relevant special relation, which indeed grounds special obligations among the members of the same species. But unlike crude speciesists, (...) I argue that our special obligations to our fellow human beings do not warrant that we should always count their interests more than comparable interests of non-human animals. Instead, special obligations based on species co-membership are subject to three constraints. (shrink)