Human Rights Ethics makes an important contribution to contemporary philosophical and political debates concerning the advancement of global justice and human rights. Butler's book also lays claim to a significant place in both normative ethics and human rights studies in as much as it seeks to vindicate a universalistic, rational approach to human rights ethics. Butler's innovative approach is not based on murky claims to "natural rights" that supposedly hold wherever human beings exist; nor does it succumb (...) to the traditional problems of justification associated with utilitarianism, Kantianism, and other procedural approaches to human rights studies. Instead, Butler proposes "a dialectical justification of human rights by indirect proof" that claims not to be question begging. Very much in the spirit of Hegel and Habermas, Butler proposes to vindicate a "totally rational account of human rights," but one that depends concretely and historically on a dialectically constructed "right to freedom of thought in its universal modes.". (shrink)

Human rights have increasingly come to the center of political and social philosophy since 1945. The have been widely discussed in publications on topical human rights issues, in the work of some of the most notable philosophers of the time like Jürgen Habermas and John Rawls, and in volumes on global justice. But, despite Habermas work in Diskurs Ethik, discussion ethics has never clearly been presented as a normative ethical theory in competition with the classical rivals such as utilitarianism (...) and Kantian ethics. This paper makes a clear, concise case recognition of human rights ethics as a contemporary normative ethical theory, and for its inclusion in future elementary textbooks. Universal legal human rights protect the central ethical human right to freedom of expression. Human Rights Ethics supersedes classical theories based on evident first principles because these principles are either merely asserted without justification or are justified by being superseded by the final self-justifying standard of definable ethical discussion. The very refutation of human rights ethics could be sound only through ethical discussion, with all parties exercising the ethical, but not yet universally legal, right to freedom of expression. Hence the refutation of the ethical right to freedom of expression cannot be sound. (shrink)

Ethical approaches and the right development framework are critical in water use and conservation. Water as a resource is not unlimited. Darryl Macer et al. point to the necessity of understanding the basics of water, uses of water, water resource availability, and conflict. Water is a very precious resource that in the future can be a source of tension due to unabated urbanization. In the Kaliwa Dam Project in the Philippines, the Dumagat Tribe is at the heart of the issue. (...) If the right policies are not in place, progress can have a severe impact on communities. Water has become a commodity because urbanization has resulted in massive water use in big cities that do not have their own source. This means that urban centers need to get their water from somewhere else resulting in social discord and disputes pertaining to water rights. In addressing the issue of water supply and use, this paper examines the role of policy, efficient infrastructure, and good governance. (shrink)

In the past 50 years, ethical concerns concerning human experimentation have arisen with the advancement of new medical research and technology. While the benefits of human experimentation are well known in the fields of biology, psychology, sociology, and medicine, the conditions of human subject research have been persistently controversial. This book discusses ethical perspectives, emerging developments and global challenged of patient rights. Topics include effective medical informed consent; rights to health and dental care; the ethics of HIV screening targeted (...) to the seriously mentally ill; and problems in ethics for medical publication. (shrink)

Drawing its strength from the UN Charter and UDHR, human rights ethics is a beacon of hope and a promise that requires continuous reaffirmation during these turbulent times. These two documents, with their unwavering faith in ‘fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small,’ have shaped our understanding of human rights as global and universal ethics. However, this faith is now (...) being severely tested by four countercurrents: extremism, exclusionism, selectivism, and populism. These countercurrents pose significant and urgent human rights threats that activists, academics, and policymakers must confront by reasserting the basic core values of the UN Charter and UDHR. (shrink)

This article is the preface to a completed book manuscript, United Nations Human Rights Ethics. Based on the indivisibility of human rights, the Four Freedoms Speech, and the Preamble of the Universal Declaration, the book takes freedom of expression as the one human right. Other rights are modes of this one. For example, one exercises freedom of expression (speech) by exercising the right to life, access to courts, etc.. The book argues that human rights are primarily an ethical concept (...) (introduced by Rousseau) rather than a concept of international law. (shrink)

This book manuscript, entitled United Nations Human Rights Ethics: For The Greatest Success of the Greatest Number, critically examines most all major normative ethical theories since Socrates and finds Roman Stoic ethics to be the least deficient. It divides ethical theories into popular ones with little academic support, other popular ones that have had such support, and Kantian ethics standing alone as a philosopher's academic ethical philosophy with limited popular support. It criticizes the appropriation of human rights (...) by the international law profession to the exclusion of moral philosophy, despite the origin of "human rights" in the moral philosopher Rousseau. It blames the inability of moral philosophers to reach a professional consensus on the elements of normative ethics, not the legal profession. It laments both the failure of human rights education to human beings everywhere as requested by the Universal Declaration and the decline in popular support for human rights in favor of nationalism in current history since 2015. It advocates a way of redirecting human right education to people on the ground rather than mainly to law students. Such education has been overtaken by the Rule of Law movement fighting high crimes crimes against humanity unanticipated by the Universal Declaration. It argues for a way for ethicists to get on the same page in teaching elements in ethics and argues forcefully for a positive method for popular human rights education as well as for human rights-based elementary ethical theory. (shrink)

_Procreation, Parenthood, and Educational Rights_ explores important issues at the nexus of two burgeoning areas within moral and social philosophy: procreative ethics and parental rights. Surprisingly, there has been comparatively little scholarly engagement across these subdisciplinary boundaries, despite the fact that parental rights are paradigmatically ascribed to individuals responsible for procreating particular children. This collection thus aims to bring expert practitioners from these literatures into fruitful and innovative dialogue around questions at the intersection of procreation and parenthood. Among these (...) questions are: Must individuals be found competent in order to have the right to procreate or to parent? What, if anything, can justify parents' special authority over, or special obligations toward, their children, particularly children they biologically procreate? How is the relationship between the right to procreate and the right to parent best understood? How ought liberal societies understand the parent-child relationship and the rights and claims it gives rise to? A distinguishing feature of the collection is that several of its chapters address these issues by drawing on philosophical work in the realm of education, one of the most controversial areas in the ethics of parenthood. This book represents a distinctive synthesis of topics and literatures likely to appeal to scholars and advanced students working across a wide range of disciplines. (shrink)

In an analysis of artificially intelligent systems for medical diagnostics and treatment planning we argue that patients should be able to exercise a right to withdraw from AI diagnostics and treatment planning for reasons related to (1) the physician’s role in the patients’ formation of and acting on personal preferences and values, (2) the bias and opacity problem of AI systems, and (3) rational concerns about the future societal effects of introducing AI systems in the health care sector.

The American Journal of Bioethics, Volume 12, Issue 1, Page 13-15, January 2012.

Ethics . . . [is] partly analysis of what’s meant by ‘good’, ‘ought’, ‘right’, ‘wrong’, ‘valuable’, etc. And if certain analyses of these are right, then other ethical propositions, ones which aren’t analytic, wouldn’t be philosophical at all, but belong to psychology, sociology, and the theory of evolution.

With the modern value theory as basis, the point of discussion is Aristotelian-Thomistic.

In Intricate Ethics, Kamm questions the moral importance of some non-consequentialist distinctions and then introduces and argues for the moral importance of other distinctions. The first section discusses nonconsequentialist ethical theory and the trolley problem; the second deals with the notions of moral status and rights; the third takes up the issues of responsibility and complicity and the possible moral significance of distance; and the fourth section analyzes the views of others in the non-consequentialist and consequentialist camps.

In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 (...) : 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

A discussion of three virtue -ethical accounts of right action: a qualified-agent account, agent-based account, and a target-centred account.

Although not legally established, the idea that every American has a right to some level of health care has gained wide acceptance. Support for this right has developed primarily in the 50 years since the end of World War II. No mention of health care can be found in either the Declaration of Independence or the Constitution; indeed, there was little anyone could to improve health care or health outcomes in colonial times. During the 19th and early 20th centuries a (...) government role in improving public health developed when certain services, such as clean water, or certain demands upon its citizens, such as quarantine for disease, were instituted in order to achieve better and safer conditions for the health of the general populace. (shrink)

There is a common view in medical ethics that the patient's right to be informed entails, as well, a correlative right not to be informed, i.e., to waive one's right to information. This paper argues, from a consideration of the concept of autonomy as the foundation for rights, that there can be no such ‘right’ to refuse relevant information, and that the claims for such a right are inconsistent with both deontological and utilitarian ethics. Further, the right to (...) be informed is shown to be a mandatory right (though not a welfare right); persons are thus seen to have both a right and a duty to be informed. Finally, the consequences of this view are addressed: since the way in which we conceptualize our problems tends to determine the actions we take to resolve them, it is important properly to conceptualize patients' requests not to be informed. There may be many reasons for acting in accord with such a request, but it is a mistake to conceptualize one's act as ‘respecting a right possessed by persons’. Keywords: medical ethics, informed consent, autonomy, information-waivers, rights, obligations CiteULike Connotea Del.icio.us What's this? (shrink)

Research related to indigenous peoples in Sweden and elsewhere has a history marked by discriminatory practice and unequal research processes. Sweden has still not been very visible in terms of openly debating, developing and implementing ethical strategies specifically suited for indigenous research. The present study explores how research ethics is discussed among scholars within the Sami research field in contemporary Sweden. Fifty-six research proposals deriving from eight different research institutions and 160 individual researchers are analyzed, discovering how scholars relate (...) to research ethics when planning for new research projects related to the indigenous Sami. The results demonstrate that ethical guidelines for research are often referred to, but that a common view on what guidelines to use is lacking, leading to a notable variety between different researchers. Ethical discussions are present in the vast majority of the proposals, however there are notable differences between the theories around how to proceed in a culturally safe, ethical manner, and the proposed methods that are to be used to implement theory in practice. In conclusion, there exists a great uncertainty among scholars on where to seek ethical guidance, how to relate to current legislation around research ethics and at the same time act ethically in a culturally appropriate manner. This uncertainty leads to questioning whether discussions of ethics are relevant in the first place, what they are supposed to include, how they are meant to be undertaken and what consequences can be expected from the presence or absence of ethics in indigenous research. (shrink)

This article explores the meaning and context of crowdsourcing at the municipal scale. In order to legitimately govern, local governments seek feedback and engagement from actors and bodies beyond the state. At the same time, crowdsourcing efforts are increasingly being adopted by entities – public and private – to digitally transform local services and processes. But how do we know what the “the right to the city” (RTTC) means when it comes to meaningful and participatory decision-making? And how do we (...) know if participatory efforts called crowdsourcing—a practice articulated in a 2006 Wired article in the context of the tech sector—when policy ideas are sought at the municipal scale? Grounded in the ideals of Henri Lefebvre’s RTTC, the article brings together typologies of public participation to advance a conceptualization of ‘crowdsourcing’ specific to local governance. Applying this approach to a smart city initiative in Toronto, Canada, I argue that for crowdsourcing to be taken seriously as a means of inclusive and participatory decision-making that seeks to advance the RTTC, it must have connection to governance mechanisms that aim to integrate public perspectives into policy decisions. Where crowdsourcing is disconnected to decision-making processes, it is simply lip service, not meaningful participation. (shrink)

Introduction: the foundation of justice -- Practical reason and justifying reasons: on the foundation of morality -- Moral autonomy and the autonomy of morality : toward a theory of normativity after Kant -- Ethics and morality -- The justification of justice: Rawls's political liberalism and Habermas's discourse theory in dialogue -- Political liberty: integrating five conceptions of autonomy -- A critical theory of multicultural toleration -- The rule of reasons: three models of deliberative democracy -- Social justice, justification, and (...) power -- The basic right to justification: toward a constructivist conception of human rights -- Constructions of transnational justice: comparing John Rawls's the law of peoples and Otfried Höffe's democracy in an age of globalisation -- Justice, morality, and power in the global context -- Toward a critical theory of transnational justice. (shrink)

Can the right to private property be claimed as one of the `rights of mankind'? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this contrast. The (...) book contains original analyses of the concept of ownership, the ideas of rights, and the relation between property and equality. The author's overriding determination throughout is to follow through the arguments and values used to justify private ownership. He finds that the traditional arguments about property yield some surprisingly radical conclusions. (shrink)

In The Medical Right, Remaking Medicine in Their Image (2007) (Medical Right Report or Report), the Religious Coalition for Reproductive Choice (RCRC) applies the term "Medical Right" to refer to religiously influenced medical, bioethics and health policy organizations of the Religious Right. This extremely important, well researched Report examines how the political agenda of the Religious Right, a political force comprised of fundamentalists primarily in the Protestant and Roman Catholic traditions, impacts reproductive health care. The growing influence of medical associations (...) that apply fundamentalist Christian "biblical values" to research and policy affecting reproductive health care is explored. The Report reveals that many consortiums, think tanks, institutes, and programs apply Religious Right ideology to medical concerns under the mantle of "bioethics" or "biomedical ethics." These groups work with conservative advocacy, outreach, and legal organizations, along with politicians, to advance the policy agendas of the Religious Right. The confluence of conservative politics, fundamentalist religion, and ideologically influenced medicine and science, poses a threat to reproductive health care services, as discussed in detail in the Report. While the Report is comprehensive in its discussion of the Religious Right's involvement in reproductive health issues, it addresses in only a cursory fashion how the Medical Right engages health law and policy governing end-of-life care. The purpose of this paper is to explore this area of concern more thoroughly. (shrink)

With the modern value theory as basis, the point of discussion is Aristotelian-Thomistic.

Many people believe that it is permissible for people who are suffering from terminal illnesses to commit suicide or even that such people have a right to commit suicide. Some have also argued that it follows that it is permissible for them, or that they have a right, to use the assistance of another person. First, I assume that it is permissible for a person to commit suicide and ask whether it follows that it is also permissible for the person (...) to employ an agent to assist in the death. Second, I assume that people have a right to commit suicide and ask whether it follows that the right holders have a right to employ an agent to assist with the death. I argue that the permissibility of suicide does not by itself entail the permissibility of employing someone to assist in the suicide. I also argue that the right to commit suicide does not by itself entail the right to assisted death. Instead, what follows is that there is a right not to have unreasonable restrictions placed on the means by which one can exercise one's right to commit suicide. Whether a restriction is reasonable depends on the conclusion reached when one has weighed a number of policy considerations. (shrink)

The Ethics of Interdependence explores new global human rights duties through four case studies: mass incarceration in the United States, LGBT rights in Africa, women's rights in Saudi Arabia, and environmental rights in China. William Felice presents a 'human rights threshold' to identify unacceptable levels of human suffering that require urgent action by individuals, nations, and global institutions"--Provided by publisher.

In this article I propose a cosmopolitan approach to animal rights based upon Kant's right of universal hospitality. Many approaches to animal rights buttress their arguments by finding similarities between humans and non-human animals; in this way they represent or resemble ethics of partiality. In this article I propose an approach to animal rights that initially rejects similarity approaches and is instead based upon the adoption of a cosmopolitan mindset acknowledging and respecting difference. Furthermore, and in agreement with Martha (...) Nussbaum, and Sue Donaldson and Will Kymlicka, I endorse the view that theories of animal rights need to be theories of justice and include a political component. Contra Donaldson and Kymlicka, however, I argue that the starting point for analysis of political theories of animal rights should be at the global rather than national level. Taking animals as strangers, I propose adopting a Kantian cosmopolitan mindset and ethic of universal hospitality towards them. I address how a ius cosmopoliticum that is hospitable to the interests of non-human animals can govern interactions with animals on fair terms, and I respond to concerns that cosmopolitanism cannot accommodate non-human animals because it is a democratic ideal, is grounded in logocentrism or rests upon ownership of territory by humans. (shrink)

This paper aims to consider the implications of Noddings’ ethics of care theory for child-friendly projects and their underlying philosophical assumptions. It is explained that this theory with its emphasis on the children’s needs and rights and, more importantly, the emphasis on the care relation and care encounter indicates how Noddings’ main concepts and ideas could be taken into consideration in exploring the challenges of implementing child-friendly projects. Therefore, the main concepts of ethics of care theory including need (...) and right, empathy and sympathy, receptive and projective, care about and cared-for, expressed and inferred needs were investigated by considering their adaptation with the origin and the destination of child-friendly projects. Accordingly, a series of questions was set out to illustrate the theoretical challenges that may have been reflected in implementing the child-friendly project. These questions were also categorized in light of three core characteristics of Noddings’ theory of caring: 1) relational ontology; which refers to the relational nature of children life, 2) attention with concern; which refers to the moral sentiment/non-rational life of children and 3) particularism; which refers to the particularity of children’s lives. As individuals/researchers and as members of the child-friendly community we can focus on these questions to understand the challenges of the project and provide a potential for its qualitative evaluation. (shrink)

Available from UMI in association with The British Library. ;Typically we maintain two incompatible standards towards right action and good character, and the tension between these polarities creates the paradox of moral luck. In practice we regard actions as right or wrong, and character as good or bad, partly according to what happens as a result of the agent's decision. Yet we also think that people should not be held responsible for matters beyond their control. ;This split underpins Kant's assertion (...) that only the good will is securely good, that its goodness is impervious to outcome ill-luck. Some commentators, such as Martha Nussbaum and to some extent Bernard Williams, think that this simply writes off the paradox. Williams asserts that the paradox is insoluble, and that its inescapability threatens the notion of agent responsibility. In contrast Thomas Nagel argues that agents' most cherished projects may be indeed be subject to luck, but that does not mean that their deepest motivations are moral. This, I suggest, is one of several means whereby we might limit the effect of the paradox without denying that the tension exists. But I also argue that it is wrong to accuse Kant of ignoring the paradox. ;Ethical consequentialists, on the other hand, appear to have no problem with moral luck, because the paradox depends on a dichotomy between the outside world and the locus of moral worth in the individual agent. But this turns out not to be true. The problem of moral luck is not some strange Kantian fixation, but a general dilemma: a variant on what Nagel terms "the problem of excess objectivity" which cuts across all of ethics and metaphysics. ;Retaining a broadly Kantian notion of agent-responsibility, but limiting what agents are responsible for, requires us to delineate the realm of ethics more narrowly than has been done by those who believe that the rational and/or prudential are coterminous with the ethical. This strategy for minimising the paradox's impact is explored in two areas from medical ethics, the allocation of scarce medical resources and informed consent, and two from public policy, secrecy and nuclear deterrence. Throughout, the analysis seeks to test Nagel's maxim that the best we can hope for is to act in such a manner that we would not have to revise our opinion of how we should have acted once the consequences of our actions become apparent. (shrink)

This book is a comprehensive and unique text and reference in medical ethics. By far the most inclusive set of primary documents and articles in the field ever published, it contains over 100 selections. Virtually all pieces appear in their entirety, and a significant number would be difficult to obtain elsewhere. The volume draws upon the literature of history, medicine, philosophical and religious ethics, economics, and sociology. A wide range of topics and issues are covered, such as law (...) and medicine, truth-telling by the physician, research, population policy, genetics, abortion, dying, and individual rights in medical care. The selections span the centuries, beginning with material from the works of Hippocrates, continuing through Thomas Percival, John Stuart Mill, and Claude Bernard, down to modern commentators like Henry K. Beecher, Walsh McDermott, David L. Bazelon, Paul Freund, H. L. A. Hart, John Rawls, Paul Ramsey, Richard McCormick, Rashi Fein, and Bernard Barber. The text has eight major divisions, beginning with sections on the ethical dimensions of the physician-patient relationship in history; the moral bases of medical ethics; and regulation, compulsion, and protection of the consumer in clinical medicine and public health. Each of these sections includes key essays that appear for the first time. All of the book's major divisions contain primary documents: codes such as the Hippocratic Oath, Medieval Law for the Regulation of Medicine, and the first as well as the most recent code of the American Medical Association; court decisions, including those on Karen Quinlan and on abortion in the United States and West Germany; government documents such as the statement of the National Commission on the Protection of Human Subjects, the Tuskegee Syphilis Report, the British Parliamentary debate on euthanasia, and the Council of Europe on rights of the sick and dying; and various published guidelines such as the Harvard Medical School brain death criteria, the American Hospital Association on patient's rights, and Pope Pius XII on the prolongation of life. Cases that illustrate moral dilemmas are provided for discussion purposes. Each section is preceded by a succinct editor's introduction. The documents and essays are of practical value for practitioners and students in medicine, law, ethics, and counselling, and for individual patients and groups concerned with medical care. Through encompassing divergent viewpoints, the essays and primary documents were selected to encourage humane practices and deepen understanding of the multiple traditions that shaped and do shape the development of medicine. (shrink)

One fundamental healthcare issue brought to the fore by the current COVID-19 pandemic concerns the scope and nature of the right to healthcare. Given our increasing need for the usually limited healthcare resources, to what extent can we demand provision of these resources as a matter of right? One philosophical way of handling this issue is to clarify the nature of this right. Using the challenges of COVID-19 in the Philippines as the context of analysis, we argue for the view (...) that regards the right to healthcare as fundamentally moral in kind, which should thereby guide its legal and contractual appropriations. In particular, we respond to objections against this view stemming from issues concerning the universality and satisfiability of the right’s correlative duty. We deal with such issues by invoking the relative degree of incumbency of moral rights and the capability-relativity of positive duties. We further contend that as these factors define the scope of the moral right to healthcare, they thus constrain what we can demand as a matter of right to meet our healthcare needs in this time of the pandemic. (shrink)

Science, in particular physics, is a collective enterprise and is so because it is, itself, a fruit of the exquisitely social nature of human living. So it is inevitable to encounter ethical issues in the natural sciences, since the contest of differing interests and views is perennial in its practice, indeed essential to its momentum. The crucial ethical question always hangs in the air: How is the truth best served? In this paper we describe some ethical aspects of our own (...) discipline of science: their cultural context and the bounds which they delineate for themselves, sometimes in transgression. We argue that the minimalist ethic espoused in science, namely loyalty to truth, is a bellwether for the much wider, more problematic, and more vital consequences of ethics – and its failure – in human relationships at large. (shrink)

This lesson explores the relationship between ethics and religion. There is a tradition of thinking that religion takes explanatory priority in ethics, but there is a counter tradition of philosophy that shows that philosophical questions of the right or the good take priority over religious questions: without answering the philosophical question we are not in a position to endorse a religious tradition as right or good. But on a global scale the issue is fraught with the realities of (...) the colonial context of the classification and minting of religions from prior philosophical traditions. This serves to delegitimize non-Western moral philosophy as a mere traditional practice in need of further philosophical justification, which by default (owing to this process) ends up being philosophical justification from the West. Thinking critically about ethics involves reclaiming the philosophy under the veneer of the political identification of non-Western moral traditions as religions. The idea of religion on a global scale must be criticized as a means of avoiding moral theory and moral philosophy from diverse sources. The argument involves exploring a revised version of the Euthyphro Dilemma that I call "Euthyphro Dilemma 2.0.". (shrink)

Over the past century, the “right to health” has been recognized by medical organizations and governments across the globe. This essay calls for recognition of a parallel “right to be sick” intended to reframe physician attitudes toward patient autonomy and the right to refuse care. Rather than seeking to discourage allopathic medicine or to question laws requiring involuntary treatment when indicated by the collective welfare, the goal is to have the medical and public health communities reconceptualize their attitudes toward individuals (...) who reject unsought guidance and care. (shrink)

In this paper I examine the prospects for a rights-based approach to the morality of pure risk-imposition. In particular, I discuss a practical challenge to proponents of the thesis that we have a right against being imposed a risk of harm. According to an influential criticism, a right against risk-imposition will rule out all ordinary activities. The paper examines two strategies that rights theorists may follow in response to this “Paralysis Problem”. The first strategy introduces a threshold for when a (...) risk-imposition is a rights violation. The second strategy drops the claim that rights are absolute and maintains that all rights infringements generate compensation duties. It is argued that both strategies face significant practical problems of their own and that the Paralysis Problem seems fatal for a right against risk-imposition in the absence of an adequate account of the morally relevant threshold risk. (shrink)

This chapter considers how far what one ought to do when facing a decision of life and death is determined by the goodness of the distribution that will result. It defines, examines and assesses the principles of teleology and consequentialism in ethics. It compares normative theory with axiology. It considers how far a person’s lifetime wellbeing depends on all the wellbeing that comes to the person at times within her life, and how far the goodness of the world depends (...) on the wellbeing of the people. It introduces the idea of pattern goods such as equality and longevity. (shrink)

The law sometimes permits what ordinary morality, or widely-shared notions of right and wrong, reproaches. Rights to Do Grave Wrong explores the relationship between law and common morality to clarify law's reliance on society's broad presumption that people will exercise their rights responsibly. More concretely, he argues that certain legal rights rest on tacit sociological assumptions as to who will exercise them, under what circumstances, and how frequently. Further, he argues that we depend on stigma and shame to reduce and (...) circumscribe the law's use. Some examples: though reneging on a debt is considered wrong, the law allows you to declare personal bankruptcy; international law allows museums to retain some masterworks looted from their rightful owners; in many countries abortion is permitted as a means of birth control. Using these examples and more, Osiel presents a "social scientific" analysis of law's interaction with social mores and the extent to which they limit our exercising rights to do wrong. The paradox he intends to elucidate is when and why it is appropriate for societies to champion de jure entitlements even as they successfully limit their de facto usage. (shrink)