I argue that individual autonomy and rights can be defended but only in African or qualified version of communitarianism. I posit that there are two possible versions of communitarianism: the qualified or the African and the unqualified or the version discussed mostly by Western scholars. I show that Ifeanyi Menkiti, Kwame Gyekye, Michael Eze and Bernard Matolino have formulated communitarian theories of right in African philosophy. I explain that while Menkiti and Gyekye erroneously employed the unqualified version in (...) their proposals, Eze and Matolino who employed the qualified version failed to ground it in a non-Western or African logic. I argue that while the Western or Aristotelian logic grounds the unqualified version making it difficult to defend autonomy and rights within it, an African logic can be used to ground a qualified version of communitarianism in order to bring out an important African cultural value such as complementarity which affirms the identity of the individual first, so as to justify other communal values such as solidarity and common good, etc. I therefore contend that the qualified version is the correct specimen for analysing the individual-community relationship in African philosophy in which autonomy and rights can be defended. Keywords: individual autonomy, rights, African philosophy, Afro-communitarianism, Menkiti, Gyekye, Eze, Matolino. (shrink)

How one thinks about the relationship between individual autonomy (sometimes referred to as individual willpower or human agency) and technology can influence the way legal thinkers develop policy at the intersection of law and technology. Perspectives that fall toward the `machines control us' end of the spectrum may support more interventionist legal policies while those who identify more closely with the `we are in charge of machines' position may refuse to interfere with technological developments. The concept of (...) soft determinism charts a middle-ground between these two positions and could assist in the formulation of a general theory of the relationship between law and technology. Soft determinism maintains that technological developments are embedded in social, political, economic and other processes, and serve to guide and, potentially, configure future actions and relationships with these technologies, their users, and their subjects: while past technology develops shape the present, individuals and groups can still exert control over these technological developments. (shrink)

This article suggests an explorative approach to the character and meaning of individual autonomy in higher education through a particular conception of social relations. Following Axel Honneth, a theoretical framework is outlined in which subjectivity and autonomy are results of underlying institutionalised relations of recognition in the forms of love, legal respect, and social esteem. It is argued that when higher education is seen as self-formation and as a field of relations of recognition due to its collegial, (...) legal, and evaluative features, it is possible to conceive of its institutional environment as supportive or obstructive to recognition and, consequently, to the advancement of individual autonomy. Such a theoretical tool, based on Honneth’s recognition theory, could then translate into a critical instrument able to extend the understanding of what constitutes matters of individual autonomy in and across specific institutionalised contexts, including higher education. (shrink)

This essay explores some concerns about the quality of informed consent in patients whose autonomy is diminished by fatal illness. It argues that patients with diminished autonomy cannot give free and voluntary consent, and that recruitment of such patients as subjects in human experimentation exploits their vulnerability in a morally objectionable way. Two options are given to overcome this objection: (i) recruit only those patients who desire to contribute to medical knowledge, rather than gain access to experimental treatment, (...) or (ii) provide prospective subjects the choice to participate in standard doubleblind study or receive the experimental treatment. Either option would guarantee that patients in desperate conditions are given a more meaningful choice and a richer freedom, and thus a higher quality of informed consent, than under standard randomized trials. Keywords: autonomy, double-blind trials, prerandomized and randomized trials, informed consent CiteULike Connotea Del.icio.us What's this? (shrink)

Because of the emphasis on individualism and self-governance, medical interventions and medical research in Western nations are preceded by attempts to obtain informed consent from the individual patient or potential research subject. Individual autonomy expresses our belief that persons are ends in themselves and not merely instrumentalities to achieve the goals of others. By respecting the patient or potential research subject in the context of medical decisionmaking, we acknowledge that these individuals are moral agents. Thus, individual (...) autonomy is an important feature of morality as it is practiced in the West. However, there are at least two circumstances in which individual autonomy appears to be threatened. One is embodied in nonwestern societies that favor collective decisionmaking over that of the individual. The other is related to the need for family histories and family testing to determine the susceptibility of family members to some genetically based disease. In both cases, individual judgment appears to be made subordinate to collective judgment. (shrink)

The prelims comprise: Introduction Types of Gene Selection Issues Relating to Gene Selection and Personal Autonomy Individual Autonomy in a Liberal Society Parental Choice Procreative Autonomy versus Children's Autonomy Conclusion Acknowledgments Note.

It is both an ideal and an assumption of traditional conceptions of justice for liberal democracies that citizens are autonomous, self-governing persons. Yet standard accounts of the self and of self-government at work in such theories are hotly disputed and often roundly criticized in most of their guises. John Christman offers a sustained critical analysis of both the idea of the 'self' and of autonomy as these ideas function in political theory, offering interpretations of these ideas which avoid such (...) disputes and withstand such criticisms. Christman's model of individual autonomy takes into account the socially constructed nature of persons and their complex cultural and social identities, and he shows how this model can provide a foundation for principles of justice for complex democracies marked by radical difference among citizens. His book will interest a wide range of readers in philosophy, politics, and the social sciences. (shrink)

Autonomy, self-determination, self-affirmation, emancipation: all these words refer to an ideal that orients the way in which our contemporary culture speaks about many moral and political problems. The importance of this ideal for us can be seen in the way we accept as obvious a number of ideas that follow from it. Most of us would certainly tend to accept that no universally valid answer can be given to the question of what kind of human life is truly meaningful (...) or valuable and that, because of this, people should be granted as much freedom as possible to pursue a life that best corresponds with their own personal tastes and preferences. Many would go a step further and claim that people should also be encouraged to live as much as possible according to what they have themselves chosen, and that they should give up traditional forms of life and role patterns.One aspect of this cult of individual freedom or autonomy is the idea that we should develop a critical attitude towards anything established, accepted or traditional: every form of power or authority, prevailing moral norms and educational customs, traditional role patterns, etc. A further feature of this is the tendency to describe any improvement in the fortunes of the weak, the vulnerable and the less well off as an ‘emancipation’. The idea that the poor, the handicapped and the elderly should receive more support, assistance, respect and attention is translated by the assertion that they, too, should be ‘liberated’.The ideals that we associate with words like ‘emancipation’ or ‘self-affirmation’ were at one time innovative and revolutionary, but they gradually became established as accepted ways of thinking and thus became part of a new common sense. Nowadays, anyone wanting to be provocative will attain their goal more easily by scoffing at everything falling under the rubric of emancipation than by speaking out in its defence.This fact is characteristic of an ambiguity in our culture. While the ideals of self-affirmation and emancipation enjoy enormous popularity, in certain intellectual circles they are treated with suspicion. At stake here is the general image of humanity associated with these ideals. Thinkers such as Wittgenstein, Heidegger, Lacan, Derrida or Baudrillard have, each in their own way, attacked the idea of the autonomous subject and stressed that people’s most intimate thoughts and desires are determined by something that transcends them: by the language they speak or the culture to which they belong.Rejecting the idea of the autonomous subject is usually one aspect of a more general critique of ideas inherited from the Enlightenment. The question whether and to what extent this critique is justified occupies a central position in many contemporary philosophical discussions, and much of what goes on in contemporary philosophy can be described in terms of the opposition between those who would defend Enlightenment ideals and those who would reject or cast doubt on those ideals.What I would like to discuss here undoubtedly fits into a framework that could be called ‘antiliberal’ or ‘anti-humanist’. However, it is certainly not my intention to criticize humanism or liberalism directly and systematically. (shrink)

There is a gap in the clinical bioethics literature concerning the approach to assessment of medical decision-making capacity of adolescents or young adults who demonstrate diminished maturity due to longstanding reliance on caregiver support, despite having reached the age of majority. This paper attempts to address this question via the examination of a particular case involving assessment of the decision-making capacity of a young adult pregnant patient who also had a physically disabling neurological condition. Drawing on concepts from adolescent bioethics (...) and feminist critiques of bioethical theory, we argue that limited life experience, secondary to a disabling neurological condition, can result in a lack of adult-like capacity even in a patient who is legally an adult. In such cases, it may be that autonomy, to the extent that it is to be relevant and meaningful, must be viewed through a relational lens. Furthermore, clinicians may avoid unjustifiably paternalistic practices by working with the patient help her gain a better appreciation of the consequences of her decision, thereby calling forward her capacity rather than resorting to being directive in counseling. We conclude that lessons from this case can be used to approach ethically complex instances of medical decision-making in adult patients with normal cognition but diminished experiential maturity. (shrink)

This study questions the common premise that individualism was lacking in premodern China and contends that not only was the concept of the individual important in traditional China, but that it existed in interesting ways that are different from modes of individualism in the West. Key terms such as xing ("human nature"), xin ("heart-mind"), and ji ("self") are used to analyze various texts. In addition to weaving together ideas from history, philosophy, art, and literature, especially the literary dimensions of (...) late imperial history (both classical and vernacular), this study also incorporates Western intellectual tradition, including the ideas of thinkers such as Immanuel Kant, David Hume, John Stuart Mill, and the Romantics. This inquiry into the moral philosophy and ethics of the self-seen in both its public and private dimensions in late imperial China is an important resource for scholars and students in many subfields of Chinese studies, such as history, intellectual history, art history, history of literature, and history of religion. (shrink)

In his book The Morality of Freedom, Joseph Raz argues that the promotion of personal autonomy can serve as a constitutive principle for a comprehensive political theory. He maintains that three conditions are necessary for attainment of individual autonomy: appropriate mental abilities, an adequate range of options, and independence. In this essay, by focusing on Raz’s conception of an adequate range of options, we suggest that Raz’s theory justifies environmental conservation in general. We present an empirical framework (...) of present-day assaults on personal autonomy, construct a heuristic scenario, and argue against both neoclassical economics and utility maximization as adequate criteria regarding environmental decisions. We conclude that successful environmental policies should directly or indirectly strive to provide the conditions necessary for promoting individual autonomy. (shrink)

This article attempts a philosophical defense of an autonomy-based approach to multicultural education. I contend that multicultural education is necessary in order for students to be able to develop personal autonomy. This, in turn, can empower students to effectively formulate their own version of the good life. The development of autonomy need not, as many critics claim, promote atomistic individualism. Rather, contemporary liberal autonomy strives for a balance between the individual and the community. In defending (...) multicultural education, my argument relies on Joseph Raz's notion of autonomy and Will Kymlicka's concept of a context of choice. I conclude that through multicultural education, students can expand their contexts of choice and consequently develop individual autonomy, an essential ingredient of the good life. (shrink)

This paper problematizes the concept of individual autonomy in the on-going project of attempting to understand and construct global principles of bioethics. We argue that autonomy as it is commonly defined and interpreted, and the emphasis that is placed on it, presupposes an individualistic concept of the self, family, and community that arises out of a Euro-Western liberal tradition and that is often in tension with various non-Western perspectives. We conclude that a more globally dialogical approach to (...) bioethics is required. (shrink)

This article examines the ethical basis for government involvement in health care. It first provides the case for individual autonomy, focusing on the justifications–particularly ethical ones–for allowing individuals to make their own choices in health care, and to control more of their own resources in doing so. Next, it provides the opposite case–for abridging individual autonomy, and in particular, for redistributing resources from those who are well off to those who are not. The overriding reason for (...) favouring the latter case, which trumps the notion of individual autonomy, is to ensure that individuals who are at a disadvantage have an equal probability of attaining good health. (shrink)

This essay explores some concerns about the quality of informed consent in patients whose autonomy is diminished by fatal illness. It argues that patients with diminished autonomy cannot give free and voluntary consent, and that recruitment of such patients as subjects in human experimentation exploits their vulnerability in a morally objectionable way. Two options are given to overcome this objection: (i) recruit only those patients who desire to contribute to medical knowledge, rather than gain access to experimental treatment, (...) or (ii) provide prospective subjects the choice to participate in standard doubleblind study or receive the experimental treatment. Either option would guarantee that patients in desperate conditions are given a more meaningful choice and a richer freedom, and thus a higher quality of informed consent, than under standard randomized trials. (shrink)

After so much scholarship has been devoted to the dispute between the defenders and critics of liberalism, it is reasonable to ask whether the topic has been exhausted or, at the very least, if the rival and incommensurable options have been so thoroughly defined that one simply has to pick a side. John Christman's new book, The Politics of Persons, demonstrates that this intuition is flawed. The central concern of this compelling work is to outline an alternative conception of (...) class='Hi'>autonomy that incorporates a wide range of insights provided by the critics of liberalism. What emerges is not only a plausible philosophical compromise but also a politically relevant model for understanding how the policies and .. (shrink)

Since the first European settlers arrived in the Americas, American Indian and Alaskan Native people have suffered from devastating diseases, violence, and genocide. During the conquest of...

The randomization ingredient in double-blind controlled experiments may be objectionable to patients who, in their desperation, come to such trials seeking a last chance of cure. Minogue et al., who view such a situation as inherently exploitive and undermining of patient autonomy, propose that such “desperate volunteers” instead be enrolled in the active arm, while other patients, less desperate and more committed to medical progress, continue to be randomized. Their view is critiqued as destructive of medical progress, inappropriate in (...) its lack of clinical response to such patients, and fatally flawed by unrealistic notions of autonomy and voluntariness. (shrink)

The concept of individual autonomy is one of the most frequently utilized--and perhaps least understood--terms of current moral, political, and legal debate. The first anthology devoted entirely to this philosophical concept, The Inner Citadel includes both extensive discussions of autonomy itself and theoretical applications of autonomy to various areas of philosophical inquiry. John Christman has assembled essays, many appearing in print for the first time, by such eminent philosophers as Gerald Dworkin, Joel Feinberg, Harry Frankfurt, and (...) David A. J. Richards. Together, these essays provide the necessary foundation for the myriad debates and controversies in areas such as bioethics, feminism, and paternalism whose resolution turns on the nature and value of individual autonomy. As the idea of autonomy is central to such a wide range of philosophical issues and impinges on other disciplines as well, The Inner Citadel will be essential for courses in moral, political, social, and legal philosophy, as well as a valuable resource for students of law, political science, and psychology. (shrink)

A liberal state based on propositions about the desirability of individual autonomy is bound to be committed to educational programmes which are incompatible with the beliefs and values of parents from non- liberal religious and cultural minorities. One response to this has been support for public funding of those separate schools which offer an education culturally congruent with the values of parents in non- liberal communities. To resolve the potential threat to liberal individualist ideals a condition of support (...) for individual autonomy is usually attached to liberal acceptance of this solution. This condition is in conflict with the motivation which underpins the setting up of such schools. Despite the growing literature on this debate surprisingly little attention has been given to the work of Isaiah Berlin. This article draws on Berlin's version of liberalism developed within the context of a commitment to value pluralism in order to seek clarification of this liberal dilemma. (shrink)

Theorists who support the legalisation of active euthanasia usually base their arguments on the principle of autonomy. In their view the wish of a severely ill person not to continue his or her life must be respected. However, some opponents of the legalisation of active euthanasia refer to the principle of autonomy as well. They are concerned that patients may be held responsible for burdening others with the provision of care. Thus family members, physicians or nurses may exert (...) pressure on patients to opt for active euthanasia. In this article it is argued that these worries are justified; the occurrence of social coercion poses a real danger. However, neither the prohibition nor the permission of active euthanasia enables each individual to make an autonomous choice. Comparing the risks involved in both options, legalisation seems to be preferable to maintaining the status quo. -/- Für die Argumentation von Moralphilosophen, die die Legalisierung der aktiven Sterbehilfe befürworten, spielt das Autonomieprinzip eine wichtige Rolle. Ihrer Auffassung nach verlangt der Respekt vor der Autonomie, die Entscheidung eines schwer kranken Menschen gegen die Fortsetzung des Lebens vorbehaltlos anzuerkennen. Dagegen haben verschiedene Theoretiker auf Gefahren hingewiesen, die die rechtliche Zulassung der Tötung auf Verlangen für die individuelle Autonomie mit sich bringt. Sobald der Kranke über die Möglichkeit der aktiven Sterbehilfe verfüge, falle ihm die Verantwortung für die Inanspruchnahme von Pflegeleistungen zu. In der Folge könne u. a. von Seiten der Familie die Forderung an ihn gestellt werden, den vom Gesetzgeber eröffneten Ausweg zu nutzen und sie von der Last seiner Pflege zu befreien. Die Bedenken erscheinen insofern berechtigt, als Formen sozialen Zwangs vorstellbar sind, die eine freie Entscheidung des Patienten verhindern. Allerdings vermag weder das Verbot noch die Zulassung der aktiven Sterbehilfe eine autonome Entscheidung aller Individuen zu gewährleisten. Die Abwägung der Risiken, mit denen beide Optionen behaftet sind, spricht im Ergebnis für die Legalisierung der Tötung auf Verlangen. (shrink)

The featured case discussion on the role of consent and individual autonomy in the PIP breast implant scandal raises interesting and important questions regarding the right of patients (and individuals in general) to decide whether to have their personal data included in medical registries and used for research. The fate of the National Breast Implant Registry, following the introduction of a policy that demanded formally recorded informed consent, is particularly enlightening. Combined with the (ex post) fact that reliable (...) and comprehensive data would have been useful in this specific case, it clearly illustrates the dangers of overemphasizing individual autonomy in observational research. The issue is timely, as the European Commission has recently proposed a new Data Protection Regulation (European Commission, 2012) that may have serious implications for registry based research. In this commentary, I will first discuss two aspects of the regulatory framework that arguably contribute to the problematic situation and then offer an alternative view on why requiring consent should not be the default position in this kind of research. (shrink)

This dissertation provides an account of individual autonomy. It begins by arguing that the dispute, in social and political philosophy, between negative and positive conceptions of liberty, can only be solved based on a theory of autonomy. The bulk of the dissertation then defends the view that individual autonomy consists in the capacity to regulate one's actions by values that are one's own in virtue of having been adopted through a process of critical reflection. ;This (...) sort of view is regarded with suspicion by those who doubt that rational judgment is central to a person's self, or identity. In particular, conative hierarchy views analyze autonomy as the capacity to act according to higher-order desires. But by doing so, they trivialize real worries about the possibility of achieving autonomy: Marxist social theory and Freudian psychoanalytic theory both seem to imply that autonomy is very difficult to achieve, and yet they do not pose any threat to the kind of "autonomy" described by conative hierarchy theories. Conative hierarchy theory fails to show that highest-order desires have special authority. ;Conative history theory recognizes that autonomy involves historical features in addition to structural ones. According to one version of that theory, a desire is autonomous if its subject would not have resisted its development, had she reflected on it with all relevant information about the processes involved, and with 'minimal rationality'. But the test fails when applied to hard cases, because it ignores the way in which the person's motives must depend causally upon her rational capacities. Furthermore, this view mistakenly follows conative hierarchy theory in denying the relevance of the distinction between a person's evaluative judgment and her mere desires. ;The conception of autonomy I defend derives support from the shortcomings of the two types of conative view. Their focus on desires masks the importance of values, principles, and ends. Most importantly, however, their shortcomings indicate that an autonomous person's values must be contingent upon critical reflection, which is free from certain irrational influences, even if its principles lack the universal validity of a categorical imperative. (shrink)

The dissertation explores the implications of the liberal value of individual autonomy for the rights of cultural minorities in liberal societies. Liberals traditionally have assumed that respect for autonomy precludes the political recognition of citizens' cultural identities. But in recent years a number of self-styled "liberal nationalists" have argued that honoring the value of autonomy actually entitles cultural minorities and their members to a plethora of cultural rights, including political autonomy, minority jurisdiction over land and (...) language, the public subsidization of ethnic festivals, the symbolic recognition of ethnic and religious groups, and even a right to national self-determination. I argue that both the "liberal neutralist" and the "liberal nationalist" accounts of what individual autonomy stands for are mistaken. I present an alternative way of viewing the connection between the value of individual autonomy and claims for cultural recognition, one that preserves the primacy and inherent complexity of this central liberal value. Rightly understood, liberal autonomy supports the political recognition of cultural identity in principle and in a wide range of cases, but the principle and the cases fall well short of the extravagant claims recently made in its name. My analysis suggests that the principle of liberal autonomy sustains a civil right to cultural expression in the manner of classical civil rights, an approach that many liberal democracies implicitly have been moving toward in recent years. (shrink)

The current scandal surrounds the global breast implant scare of silicone implants made by France's Poly Implant Prothese (PIP) Company. An ensuing review recognized that efforts in investigating the distress caused to so many women were hampered by a lack of reliable and comprehensive information about all the adverse incidents relating to PIP breast implants, as well as uncertainty about comparative data on similar products. One of the recommendations following the review was the investigation of the potential for re-establishing a (...) breast implant registry, which could facilitate the availability of adverse incident reporting in cases such as these. The insistence of compulsory inclusion in such registries would override the debate on informed consent in epidemiological studies and public health. The ethics of clinical research with its focus on individual consent is difficult to reconcile with the ethical requirements of research at a population level as in the case of registries. (shrink)

Drawing on the built environment concept of “inclusive design” and its emphasis on creating accessible environments for all persons regardless of ability, I suggest that a central task for feminist disability theory is to redesign foundational philosophical concepts to present opportunities rather than barriers to inclusion for people with disability. Accounts of autonomy within liberal philosophy stress self-determination and the dignity of all individual persons, but have excluded people with intellectual disability from moral and political theories by denying (...) their capacity for individual autonomy, seen as a chief marker of moral personhood. This paper modifies and extends feminist theories of relational autonomy by arguing for the need to view autonomy as a feature of persons that is manifested only through relations of support, advocacy, and enablement. An “inclusively designed,” relational account negotiates the tensions encountered in attempts to apply autonomy to people with high support needs, and politicizes the concept as an advocacy tool for people with intellectual disability and their allies. (shrink)

Open Access: Social media participation undermines individual autonomy in ways that ought to concern ethicists. Discussions in the philosophical literature are concerned primarily with egregious conduct online such as harassment and shaming, keeping the focus on obvious ills to which no one could consent; this prevents a wider understanding of the risks and harms of quotidian social media participation. Two particular concerns occupy me: social media participation carries the risks of (1) negatively formative experiences and (2) continuous partial (...) attention due to our habituation to the variable rewards that social media platforms provide. Although social media offer benefits as well as risks, self-knowledge of whether one benefits more than one suffers from one’s social media participation is vexed by the very processes involved in participating. We are not as free to leave social media as we are to enter. I conclude with a consideration and rejection of the objections that the ubiquity of the practice indicates implied consent to risks, and that users of social media can simply choose not to use such communication technologies at all. I argue that we cannot be said to consent to enter into social media usage meaningfully, even implicitly, and we do not all have equally easy options to avoid the contexts that provide the stimuli of persistent desires. (shrink)

Although informed consent is an integral part of clinical practice, its current doctrine remains mostly a matter of law and mainstream ethics rather than empirical research. There are scarce empirical data on patients’ perceived purpose of informed consent, which may include administrative routine/courtesy gesture, simple honest permission, informed permission, patient-clinician shared decision-making, and enabling patient’s self decision-making. Different purposes require different processes.