Sometimes one can prevent harm only by contravening rights. If the harm one can prevent is great enough, compared to the stringency of the opposing rights, then one has a lesser-evil justification to contravene the rights. Non-consequentialist orthodoxy holds that, most of the time, lesser-evil justifications add to agents’ permissible options without taking any away. Helen Frowe rejects this view. She claims that, almost always, agents must act on their lesser-evil justifications. Our primary task is to refute Frowe’s (...) flagship argument. Secondarily, it is to sketch a positive case for nonconsequentialist orthodoxy. (shrink)

The thesis of this paper is that philosophers are often too hasty in rejecting justifications because the argument that yields the justification is circular. Circularity is distinguished from vicious circularity and several examples are examined in which a proposed justification is circular in a precise sense, but not viciously circular. These include an observational procedure which could yield a velocity in excess of the velocity of light even though the impossibility of such velocities is assumed at a key step (...) in analyzing the data, and an argument that uses a specific argument form to show that that form is invalid. (shrink)

My aim in this essay is to explore the nature and force of “original-acquisition” justifications of private property. By “original-acquisition” justifications, I mean those arguments which purport to establish or importantly contribute to the moral defense of private property by: offering a moral/historical account of how legitimate private property rights for persons first arose ; offering a hypothetical or conjectural account of how justified private property could arise from a propertyless condition; or simply defending an account of how (...) an individual can make private property in some previously unowned thing . The “original acquisition” to which such justifications centrally refer, then, may be either the first instance of legitimate private property in human history , or only the first legitimate acquisition of some particular thing . But in either case, the justification will involve or entail the defense of one or more moral principles specifying how unowned things can become privately owned — that is, the defense of the kind of principles Robert Nozick has called “principles of justice in acquisition.”. (shrink)

This paper examines dominant arguments advocating for the procreative right to undergo sex selection for social reasons, based on gender preference. I present four of the most recognized and common justifications for sex selection: the argument from natural sex selection, the argument from procreative autonomy, the argument from family balancing, and the argument from children’s well-being. Together these represent the various means by which scholars aim to defend access to sex selection for social reasons as a legitimate procreative choice. (...) In response, I contend that these justifications are flawed and often inconsistent and therefore fail to vindicate the practice. (shrink)

This article reports the results of research aimed at developing and validating a multi-item scale to measure consumers' agreement with three main justifications for not engaging in socially responsible consumption behaviours, namely the 'economic rationalist argument' founded on the idea that the costs of SRC are greater than its benefits, the 'economic development reality argument' based on the idea that ethical and moral aspirations are less important than the economic development of countries, and the 'government dependency argument' grounded in (...) the premise that government inaction demonstrates the legal character and the banality of unethical consumption behaviours. The scale items were generated on the basis of a multi-country qualitative study of consumers. The content validity of the scale was assessed in the first study. The second study was a survey of 157 Canadian adult consumers in which the threedimensional scale and other scales measuring relevant concepts were administered. The survey results showed that the 28-item resulting scale is reliable and generally behaves as one would theoretically expect. Implications for consumption ethics researchers and policy makers are proposed. (shrink)

A central tenet of medical ethics holds that it is permissible to perform a medical intervention on a competent individual only if that individual has given informed consent to the intervention. However, in some circumstances it is tempting to say that the moral reason to obtain informed consent prior to administering a medical intervention is outweighed. For example, if an individual’s refusal to undergo a medical intervention would lead to the transmission of a dangerous infectious disease to other members of (...) the community, one might claim that it would be morally permissible to administer the intervention even in the absence of consent. Indeed, as we shall discuss below, there are a number of examples of public health authorities implementing compulsory or coercive measures for the purposes of infectious disease control (IDC). The plausibility of the thought that non-consensual medical interventions might be justified when performed for the purpose of IDC raises the question of whether such interventions might permissibly be used to realize other public goods. In this article we focus on one possibility: whether it could be permissible to non-consensually impose certain interventions that alter brain states or processes through chemical or physical means on serious criminal offenders. We shall suggest that some such interventions might be permissible if they safely and effectively serve to facilitate the offender’s rehabilitation and thereby prevent criminal recidivism. (shrink)

The literature on patient public involvement and engagement (PPIE) in health research has grown significantly in the last decade, with a diverse range of definitions and topologies promulgated. This has led to disputes over what the central functions and purpose of PPIE in health research is, and this in turn makes it difficult to assess and evaluate PPIE in practice. This paper argues that the most important function of PPIE is the attempt to make health research more democratic. Bringing this (...) function to the fore and locating PPIE in the wider context of changes in contemporary forms of democratic engagement provides greater conceptual clarity over what PPIE in research should be trying to achieve. Conceptualizing PPIE as a form of democratization has a number of benefits. First, theories of what are appropriate, normatively justifiable and workable criteria for PPIE practices can be developed, and this can provide tools to address the legitimacy and accountability questions that have troubled the PPIE community. Second, this work can be used to form the basis of a research agenda to investigate how PPIE in health research operates, and how it can facilitate and/or improve democratic processes in health research. (shrink)

The resolution of ethical dilemmas often requires individuals to search for reasonable justifications to support their choices. Occasionally, such justifications must be made explicit to stakeholders inside or outside the organization. Other times, the justification for a decision will be known only by the decision-maker. In either case, the organizational code of conduct that governs the individual can play a vital role in providing guidelines about appropriate and inappropriate justifications. The present paper discusses the connections between organizational (...) codes and employee justifications. (shrink)

Written by well-known professor and author Michael Boylan, Morality and Global Justice is an accessible examination of the moral and normative underpinnings of ...

Public health policies designed to improve individual and population health may involve coercion. These coercive policies require ethical justification, and yet it is unclear in the public health ethics literature which ethical concepts might justify coercion, and what their limitations are in applying across contexts. In this paper, we analyse a number of concepts from Western bioethics, including the harm principle, paternalism, the public interest, and a duty of easy rescue. We find them plausible justifications for coercion in theory, (...) but when applied to case studies, including HIV testing in Malawi, vaccine mandates in South Africa, and prohibitions of antibiotic use in livestock in the EU, their limitations become clear. We argue that the context-specificity of ethical justifications for coercion has been overlooked, and there is more work needed to identify context-relevant ethical justifications for coercive policies in various settings and for various populations, rather than relying on universalising Western bioethical justifications across all contexts. (shrink)

The right to privacy is a moral concept that has been debated for centuries. This article traces the histo y of the concept and examines how the existence of a right to privacy has been defended by philosophers through the years. This article examines the strategies behind those arguments, showing how some of them are more convincing than others. Following this analysis is a practical argument for recognizing a universal right to privacy over intimate relationships and information. Intimacy is a (...) part of human dipity, and revealing it does not tell much about the character of politicians, or anyone else. Intimacy deserves protection. (shrink)

The results of an empirical study of 150 justifications of verdicts of the Polish Constitutional Tribunal are discussed. CT justifies its decisions mostly on authoritative references to previous decisions and other doxa- type arguments. It thus does not convince the audience of a decision's validity, but rather documents it. Further, the methodology changes depending on features of the case. The results are analysed using a conceptual framework of sociological systems theory. It is shown that CT's justification methodology ignores the (...) redundancy of the legal system, finding redundancy redundant. This is a risky strategy of decision- making, enabling political influence. (shrink)

This is an expository paper in which the basic ideas of a family of Justification Logics are presented. Justification Logics evolved from a logic called LP, introduced by Sergei Artemov [1, 3], which formed the central part of a project to provide an arithmetic semantics for propositional intuitionistic logic. The project was successful, but there was a considerable bonus: LP came to be understood as a logic of knowledge with explicit justifications and, as such, was capable of addressing in (...) a natural way long-standing problems of logical omniscience. Since then, LP has become one member of a family of related logics, all logics of knowledge with explicit knowledge terms. In this paper the original problem of intuitionistic foundations is discussed only briefly. We concentrate entirely on issues of reasoning about knowledge. (shrink)

이 글은 예방원칙이 규범적 규정력이 있어야 한다는 문제의식에서 출발한다. 예방원칙의 개념은 위험, 불확실성, 행위, 명령 차원으로 분류되는데 행위에서 명령으로 옮겨가는 규범적 추리에서 주관적 의도가 중요하며, 책임을 함축하는 가언명령의 형태로 설정될 수 있다. 예방원칙의 논리적 구조는 손상조건-지식조건-치유책-규범적 성향/지향가치로 파악된다. 예방원칙의 도덕적 근거는 해악 행하기/허용하기 구분과 인간기원적/비인간기원적 위험 구분에 의해 구축된다. 전자는 우리들이 해악을 방어할 책임보다 해악을 회피할 책임이 더 중요하다는 것을 주장하며, 후자는 인간기원적 위험을 정교하게 개념화함으로써 통제가능하고 무엇보다 도덕적 책임을 물을 수 있는 근거를 확보한다. 예방원칙은 주로 의무론적 차원에서 정당화가능하다. 우리는 (...) 허용한 위험의 불평등한 분배보다는 직접 발생시킨 위험의 공정한 재분배에 더 도덕적 책임을 느낀다. 인간기원적인 위험이 도덕적 행위를 끌어내는 작인일 수 있음도 해명된다. 또한 위험의 본성에 관한 경험적 일반화를 통해서도 정당화될 여지가 있다. 인간기원적 위험이 통제가 더 쉽고, 인간기원적 환경 변화가 더 나쁘다는 사실이 그것이다. 앞으로 예방원칙의 규정력을 더욱 강화해 나가는 게 남은 과제이다. (shrink)

Practical arguments for actions are arguments which, besides their epistemic function, shall motivate an addressee to execute the justified action. First, a strategy is developed how this motivational and other requirements can be met. Part of this strategy is to identify a thesis for which holds that believing it motivates in the required manner. Second, relying on empirical decision theory, such a thesis is identified. Finally, precise validity criteria for the respective arguments are developed.

In this article, I look at the role of appeals to the emotions in criminal law defences. A position commonly held is that appeals to the emotions can excuse but cannot justify. However, we should be careful that this view does not rest on too simple and non-cognitive a view of the emotions. I contrast a simple picture, according to which action from emotion involves loss of rational control, with the more Aristotelian picture recently offered by RA Duff. I then (...) look at John Gardner’s theory of excuses, which seeks to avoid the non-cognitive account of action from emotion as loss of rational control, but nevertheless denies that reference to the emotions can even partially justify. I argue that what is at issue between Gardner and Duff is what Gardner calls the ‘no-difference’ thesis, namely that the reasons that count in favour of an emotion count also in favour of action done from that emotion. I conclude that Gardner has not yet explained why we should reject the no-difference thesis. (shrink)

To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals' responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: (1) patterns of moral (...) judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation (within the limited range of our sample population) and (2) a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

Harsanyi defends utilitarianism by means of an axiomatic proof and by what he calls the 'equiprobability model'. Both justifications of utilitarianism aim to show that utilitarian ethics can be derived from Bayesian rationality and some weak moral constraints on the reasoning of rational agents. I argue that, from the perspective of Bayesian agents, one of these constraints, the impersonality constraint, is not weak at all if its meaning is made precise, and that generally, it even contradicts individual rational agency. (...) Without the impersonality constraint, Harsanyi's two justifications of utilitarianism on the grounds of Bayesian rationality fail. As an alternative, I develop a contractarian framework that is compatible with individual rational agency and Harsanyi's central assumptions, and that allows the derivation of moral conclusions on the grounds of Bayesian rationality. The developed framework offers a novel justification of contractarian ethics and may best be described as a combined version of Harsanyi's equiprobability model and Rawls's original position. (shrink)

: To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals’ responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: patterns of moral (...) judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation and a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

The case (Dawson et al. 2024) describes an Institutional Review Board (IRB) chair who seeks consultation about waiving the requirement that investigators obtain prospective, informed consent for collection of microbiome samples by swabbing the perianal region of severely burned patients shortly after their admission to an intensive care unit (ICU). We argue that it is ethically permissible to waive informed consent requirements for the perianal swab and that the IRB should approve a waiver as permitted by regulations.

In this article I argue that, despite the views of such theorists as Locke, Hart and Raz, most of a person's property rights cannot be individualistically justified. Instead most property rights, if justified at all, must be justified on non-individualistic (e.g. consequentialist) grounds. This, I suggest, implies that most property rights cannot be morally fundamental ‘human rights’.

The main objective of this study was to examine whether children’s ability to justify their action predictions in terms of mental states is related, in a similar way as the ability to predict actions, to such aspects of executive function as executive control and working memory. An additional objective was to check whether the frequency of different types of justifications made by children in false-belief tasks is associated with aforementioned aspects of EF, as well as language. The study included (...) 59 children aged 3-4 years. The ability to predict actions and to justify these predictions was measured with false-belief tasks. Luria’s hand-game was used to assess executive control, and the Counting and Labelling dual-task was used to assess working memory capacity. Language development was controlled using an embedded syntax test. It was found that executive control was a significant predictor of the children’s ability to justify their action predictions in terms of mental states, even when age and language were taken into account. Results also indicated a relationship between the type of justification in the false-belief task and language development. With the development of language children gradually cease to justify their action predictions in terms of current location, and they tend to construct irrelevant justifications before they begin to refer to beliefs. Data suggest that executive control, in contrast to language, is a factor which affects the development of the children’s ability to justify their action predictions only in its later phase, during a shift from irrelevant to correct justifications. (shrink)

This paper critically assesses three claims on behalf of the Iraq war made by the Bush administration and by various defenders of the war. Then it steps back from the specifics of these three rationales to ask whether they are in fact of the same sort.