Interest in NFIB v. Sebelius has been extraordinarily high, from as soon as the legislation was passed, through lower court rulings, the Supreme Court’s grant of certiorari, and the decision itself, both for its substantive holdings and the purported behind-the-scene dynamics. Legal blogs exploded with analysis, bioethicists opined on our collective responsibilities, and philosophers tackled concepts like ‘coercion’ and the activity/inactivity distinction. This volume aims to bring together scholars from disparate fields to analyze various features of the decision. It comprises (...) over twenty essays from a range of academic disciplines, namely law, philosophy, and political science. Essays are divided into five units: context and history, analyzing the opinions, individual liberty, Medicaid, and future implications. (shrink)

Business in Ethical Focus is a compilation of classical and contemporary essays on business ethics. Approximately 50 essays are organized into five units: Corporate Social Responsibility; Rights and Obligations of Employees and Employers; Justice and Fair Practice; Distributive Justice; and Advertising, Marketing, and the Consumer. Readers will become acquainted with seminal ideas from important thinkers such as Milton Friedman on corporate social responsibility and Amartya Sen on whether business ethics makes economic sense. They will also find classic readings on distributive (...) justice by Thomas Hobbes, John Locke, Karl Marx, John Rawls, and Robert Nozick. Other topics include drug testing, sexual harassment, environmental responsibility, bribery, and ethical issues in advertising and marketing. The editors provide thoughtful commentary, case studies, and study questions for each unit, enabling readers to clearly understand the growing discipline of business ethics. (shrink)

This new Handbook offers a comprehensive overview of contemporary extensions and alternatives to the just war tradition in the field of the ethics of war. The modern history of just war has typically assumed the primacy of four particular elements: jus ad bellum, jus in bello, the state actor, and the solider. This book will put these four elements under close scrutiny, and will explore how they fare given the following challenges: • What role do the traditional elements of jus (...) ad bellum and jus in bello—and the constituent principles that follow from this distinction—play in modern warfare? Do they adequately account for a normative theory of war? • What is the role of the state in warfare? Is it or should it be the primary actor in just war theory? • Can a just war be understood simply as a response to territorial aggression between state actors, or should other actions be accommodated under legitimate recourse to armed conflict? • Is the idea of combatant qua state-employed soldier a valid ethical characterization of actors in modern warfare? • What role does the technological backdrop of modern warfare play in understanding and realizing just war theories? Over the course of three key sections, the contributors examine these challenges to the just war tradition in a way that invigorates existing discussions and generates new debate on topical and prospective issues in just war theory. This book will be of great interest to students of just war theory, war and ethics, peace and conflict studies, philosophy and security studies. (shrink)

There are a range of ethical issues that confront physicians in times of war, as well as some of the uses of physicians during wars. This book presents a theoretical apparatus which undergirds those debates, namely by casting physicians as being confronted with dual-loyalties during times of war. While this theoretical apparatus has already been developed in other contexts, it has not been specifically brought to bear on the ethical conflicts that attain in wars. Arguably, wars thrust physicians into ethical (...) conflicts insofar as these wars create a tension between a physician's obligation to heal and an obligation to serve some other good (e.g., military chain of command, national security, the greater good, etc.). Alternatively, we can debate whether this conception is appropriate. For example, one could argue that that non-medical duties cannot attach to physicians (e.g., due to nonoverlapping spheres of justice), thus abrogating the dual-loyalty challenge. Or else one could argue that these medically-trained personnel do not act qua physicians at all (but rather partisan advocates) and therefore duties that would otherwise attach to physicians do not attach here. In the first part of this book, these issues are debated. In the second part of the book, the dual-loyalities frame is used to explore various substantive debates that obtain when the military makes use of physicians. Physician involvement in torture is a heated topic, and certainly the most visible element of the debate. Also, however, we could use the dual-loyalties framework to explore issues in other arenas, such as: development of chemical and biological weapons, medical neutrality/battlefield triage, and so on. In each of these cases, the same tensions arguably exist: physicians have duties both to their patients and elsewhere (which, depending on the details of the view, could be any of the above-mentioned ends). (shrink)

In this paper, I have two main goals. First, I will argue that traditional medical values mandate, as opposed to forbid, at least minimal physician participation in hostile interrogations. Second, I will argue that traditional medical duties or responsibilities do not apply to medically-trained interrogators. In support of this conclusion, I will argue that medically-trained interrogators could simply choose not to enter into a patient-physician relationship. Recognizing that this argument might not be convincing, I will then propose three further arguments (...) against the claim that medical knowledge creates special duties: the logical argument, the metaphysical argument, and the argument from analogy. Finally, I will argue that invocations of role-differentiated morality, professionalism, and oaths could not circumvent the central argumentation of this paper. (shrink)

This chapter contains sections titled: References.

Nanoethics seeks to examine the potential risks and rewards of applications of nanotechnology. This up-to-date anthology gives the reader an introduction to and basic foundation in nanotechnology and nanoethics, and then delves into near-, mid-, and far-term issues. Comprehensive and authoritative, it: -/- - Goes beyond the usual environmental, health, and safety (EHS) concerns to explore such topics as privacy, nanomedicine, human enhancement, global regulation, military, humanitarianism, education, artificial intelligence, space exploration, life extension, and more -/- -Features contributions from forty (...) preeminent experts from academia and industry worldwide, reflecting diverse perspectives -/- -Includes seminal works that influence nanoethics today -/- -Encourages an informed, proactive approach to nanoethics and advocates addressing new and emerging controversies before they impede progress or impact our welfare -/- This resource is designed to promote further investigations and a broad and balanced dialogue in nanoethics, dealing with critical issues that will affect the industry as well as society. While this will be a definitive reference for students, scientists in academia and industry, policymakers, and regulators, it's also a valuable resource for anyone who wants to understand the challenges, principles, and potential of nanotechnology. (shrink)

This paper presents the principal findings from a three-year research project funded by the US National Science Foundation on ethics of human enhancement technologies. To help untangle this ongoing debate, we have organized the discussion as a list of questions and answers, starting with background issues and moving to specific concerns, including: freedom & autonomy, health & safety, fairness & equity, societal disruption, and human dignity. Each question-and-answer pair is largely self-contained, allowing the reader to skip to those issues of (...) interest without affecting continuity. (shrink)

The war on terror is commonly characterized as a fundamentally different kind of war from more traditional armed conflict. Furthermore, it has been argued that, in this new kind of war, different rules, both moral and legal, must apply. In the first part of this paper, three practices endemic to the war on terror -- torture, assassination, and enemy combatancy status -- are identified as exceptions to traditional norms. The second part of the paper uses these examples to motivate a (...) generalized account of exceptionalism; a taxonomy of different exceptionalisms is derived, including temporal, spatial, and group-based exceptionalisms. The third part of the paper considers the ethical status of exceptionalism, paying particular attention to the group-based exceptionalisms that are argued to be prevalent in the war on terror. It is concluded that there is nothing inherently wrong with group-based exceptionalism and, furthermore, that the proper locus of ethical evaluation lies not with the norms that are being excepted, but rather with the groups that are being excepted from them. (shrink)

In this paper, I take a critical stance on the emerging field of nanoethics. After an introductory section, “Conceptual Foundations of Nanotechnology” considers the conceptual foundations of nanotechnology, arguing that nanoethics can only be as coherent as nanotechnology itself and then discussing concerns with this latter concept; the conceptual foundations of nanoethics are then explicitly addressed in “Conceptual Foundations of Nanoethics”. “Issues in Nanoethics” considers ethical issues that will be raised through nanotechnology and, in “What’s New?”, it is argued that (...) none of these issues is unique to nanotechnology. In “It’s a Revolution!”, I express skepticism about arguments which hold that, while the issues themselves might not be unique, they nevertheless are instantiated to such a degree that extant moral frameworks will be ill-equipped to handle them. In “What’s Different?”, I draw plausible distinctions between nanoethics and other applied ethics, arguing that these latter might well identify unique moral issues and, as such, distinguish themselves from nanoethics. Finally, in “What Now?”, I explore the conclusions of this result, ultimately arguing that, while nanoethics may fail to identify novel ethical concerns, it is at least the case that nanotechnology is deserving of ethical attention, if not a new associative applied ethic. (shrink)

Ongoing research in nanotechnology promises both innovations and risks, potentially and profoundly changing the world. This book helps to promote a balanced understanding of this important emerging technology, offering an informed and impartial look at the technology, its science, and its social impact and ethics. Nanotechnology is crucial for the next generation of industries, financial markets, research labs, and our everyday lives; this book provides an informed and balanced look at nanotechnology and its social impact Offers a comprehensive background discussion (...) on nanotechnology itself, including its history, its science, and its tools, creating a clear understanding of the technology needed to evaluate ethics and social issues Authored by a nanoscientist and philosophers, offers an accurate and accessible look at the science while providing an ideal text for ethics and philosophy courses Explores the most immediate and urgent areas of social impact of nanotechnology. (shrink)

In Terrorism, Ticking Time-Bombs, and Torture, Fritz Allhoff demonstrates the weakness of the case against torture; while allowing that torture constitutes a moral wrong, he nevertheless argues that, in exceptional cases, it represents the ...

Evolutionary ethics has a long history, dating all the way back to Charles Darwin.1 Almost immediately after the publication of the Origin, an immense interest arose in the moral implications of Darwinism and whether the truth of Darwinism would undermine traditional ethics. Though the biological thesis was certainly exciting, nobody suspected that the impact of the Origin would be confined to the scientific arena. As one historian wrote, 'whether or not ancient populations of armadillos were transformed into the species that (...) currently inhabit the new world was certainly a topic about which zoologists could disagree. But it was in discussing the broader implications of the theory...that tempers flared and statements were made which could transform what otherwise would have been a quiet scholarly meeting into a social scandal' (Farber 1994, 22). Some resistance to the biological thesis of Darwinism sprung from the thought that it was incompatible with traditional morality and, since one of them had to go, many thought that Darwinism should be rejected. However, some people did realize that a secular ethics was possible so, even if Darwinism did undermine traditional religious beliefs, it need not have any effects on moral thought.2 Before I begin my discussion of evolutionary ethics from Darwin to Moore, I would like to make some more general remarks about its development.3 There are three key events during this history of evolutionary ethics. First, Charles Darwin published On the Origin of the Species (Darwin 1859). Since one did not have a fully developed theory of evolution until 1859, there exists little work on evolutionary ethics until then.4 Shortly thereafter, Herbert Spencer (1898) penned the first systematic theory of evolutionary ethics, which was promptly attacked by T.H. Huxley (Huxley 1894). Second, at about the turn of the century, moral philosophers entered the fray and attempted to demonstrate logical errors in Spencer's work; such errors were alluded to but never fully brought to the fore by Huxley. These philosophers were the well known moralists from Cambridge: Henry Sidgwick (Sidgwick 1902, 1907) and G.E. Moore (Moore 1903), though their ideas hearkened back to David Hume (Hume 1960). These criticisms were so strong that the industry of evolutionary ethics was largely abandoned (though with some exceptions) for many years.5 Third, E.O. Wilson, a Harvard entomologist, published Sociobiology: The New Synthesis in 1975 (Wilson E.O. 1975), which sparked renewed interest in evolutionary ethics and offered new directions of investigation. These events suggest the following stages for the history of evolutionary ethics: development, criticism and abandonment, revival. In this paper, I shall focus on the first two stages, since those are the ones on which the philosophical merits have already been largely decided. The revival stage is still in progress and we shall eventually find out whether it was a success. (shrink)

: Genetic interventions raise a host of moral issues and, of its various species, germ-line genetic enhancement is the most morally contentious. This paper surveys various arguments against germ-line enhancement and attempts to demonstrate their inadequacies. A positive argument is advanced in favor of certain forms of germ-line enhancements, which holds that they are morally permissible if and only if they augment Rawlsian primary goods, either directly or by facilitating their acquisition.

This essay presents some general background on nanomedicine, particularly focusing on some of the investment that is being made in this emerging field. The bulk of the essay, however, consists of explorations of two areas in which the impacts of nanomedicine are likely to be most significant: diagnostics and medical records and treatment, including surgery and drug delivery. Each discussion includes a survey some of the ethical and social issues that are likely to arise in these applications.

On the one hand, bluffing in business seems to bear a strong resemblance to lying, and therefore might be thought to be prima facie impermissible. On the other, many people have the intuition that bluffing is an appropriate and morally permissible negotiating tactic. Given this tension, what is the moral standing of bluffing in business? In this paper, I will consider influential accounts of both Albert Carr and Thomas Carson, and I will present my criticisms thereof. Drawing off of these (...) accounts, I will then develop my own argument as to why bluffing in business is morally permissible, which will be that bluffing is a practice that should be endorsed by all rational negotiators. (shrink)

In this paper, I argue for the permissibility of torture in idealized cases by application of separation of cases: if torture is permissible given any of the dominant moral theories (and if one of those is correct), then torture is permissible simpliciter and I can discharge the tricky business of trying to adjudicate among conflicting moral views. To be sure, torture is not permissible on all the dominant moral theories as at least Kantianism will prove especially recalcitrant to granting moral (...) license of torture, even in idealized cases. Rather than let the Kantian derail my central argument, I directly argue against Kantianism (and other views with similar commitments) on the grounds that, if they cannot accommodate the intuitions in ticking time-bomb cases, they simply cannot be plausible moral views—these arguments come in both foundationalist and coherentist strains. Finally, I postulate that, even if this paper has dealt with idealized cases, it paves the way for the justification of torture in the real world by removing some candidate theories (e.g., Kantianism) and allowing others that both could and are likely to justify real-world torture. (shrink)

Nanoethics is a contentious field for several reasons. Some believe it should not be recognized as a proper area of study, because they believe that nanotechnology itself is not a true category but rather an amalgamation of other sciences, such as chemistry, physics, and engineering. Critics also allege that nanoethics does not raise any new issues but rather revisits familiar ones such as privacy. This paper answers such criticisms and sets the context for the papers that follow in this nanoethics (...) symposium. (shrink)

After the events of 9/11, the concept of torture has emerged as one that is both pertinent and provoking. National polls have shown that some Americans support torture in some situations, though the majority still stand opposed. Torture has not received a tremendous amount of discussion in the philosophical literature, though I suspect that the leftward slant of academia would, for the most part, ensure limited support for torture. In this paper, I would like to first discuss why torture is (...) an important issue and then advance an argument that supports torture in limited cases. (shrink)

This paper investigates the moral permissibility of torture. After briefly considering some empirical evidence, it discusses the conflict between deontological and consequentialist approaches to torture. It is argued that, even if we are to take rights seriously, torture should at least be allowed if some conditions are satisfied. Finally, the paper discusses what those conditions should be and what sorts of torture are morally permissible.

In “Imaging or Imagining? A Neuroethics Challenge In- The assumption at issue here is the assumption that the formed by Genetics,” Judy Illes and Eric Racine (see this ismind literally is the brain (i.e., is numerically identical to sue) argue that “traditional bioethics analysis” (TBA), as de-.

The essays tackle such contentious issues as environmental impact, health dangers, medical benefits, intellectual property, professional code of ethics, privacy ...

Genetic interventions raise a host of moral issues and, of its various species, germ-line genetic enhancement is the most morally contentious. This paper surveys various arguments against germ-line enhancement and attempts to demonstrate their inadequacies. A positive argument is advanced in favor of certain forms of germ-line enhancements, which holds that they are morally permissible if and only if they augment Rawlsian primary goods, either directly or by facilitating their acquisition.

In this paper, I argue for the permissibility of torture in idealized cases by application of separation of cases: if torture is permissible given any of the dominant moral theories (and if one of those is correct), then torture is permissible simpliciter and I can discharge the tricky business of trying to adjudicate among conflicting moral views. To be sure, torture is not permissible on all the dominant moral theories as at least Kantianism will prove especially recalcitrant to granting moral (...) license of torture, even in idealized cases. Rather than let the Kantian derail my central argument, I directly argue against Kantianism (and other views with similar commitments) on the grounds that, if they cannot accommodate the intuitions in ticking time-bomb cases, they simply cannot be plausible moral views—these arguments come in both foundationalist and coherentist strains. Finally, I postulate that, even if this paper has dealt with idealized cases, it paves the way for the justification of torture in the real world by removing some candidate theories (e.g., Kantianism) and allowing others that both could and are likely to justify real-world torture. (shrink)

This paper explores the relationships that various applied ethics bear to each other, both in particular disciplines and more generally. The introductory section lays out the challenge of coming up with such an account and, drawing a parallel with the philosophy of science, offers that applied ethics may either be unified or disunified. The second section develops one simple account through which applied ethics are unified, vis-à-vis ethical theory. However, this is not taken to be a satisfying answer, for reasons (...) explained. In the third section, specific applied ethics are explored: biomedical ethics; business ethics; environmental ethics; and neuroethics. These are chosen not to be comprehensive, but rather for their traditions or other illustrative purposes. The final section draws together the results of the preceding analysis and defends a disunity conception of applied ethics. (shrink)

Part of The Blackwell Readings in Philosophy Series, this survey of ancient philosophy explores the scope of ancient philosophy, focusing on the key philosophers and their texts, examining how the foundations of philosophy as we know it were laid.

This special issue on ethics and error in medicine reinvigorates a conversation that has been substantially dormant for twenty years. The papers in this issue elaborate and update that conversation in significant ways, particularly with regard to vulnerable populations and the epistemology of medical error. But this first paper is largely conceptual, laying out the motivation for caring about medical error in the first place, exploring what medical error is, and proposing a moral framework to help us think about it. (...) This paper therefore sets up those that follow—while, at the same time, remaining largely neutral about the substantive views advanced by those authors. The papers are therefore complementary and form a... (shrink)

This introduction provides background information on the emerging field of nanotechnology and its ethical dimensions. After defining nanotechnology and briefly discussing its status as a discipline, about which there exists a meta-controversy, this introduction turns to a discussion of the status of nanoethics and lays out particular issues of concern in the field, both current and emerging.

This new Handbook offers a comprehensive overview of contemporary extensions and alternatives to the just war tradition in the field of the ethics of war. -/- The modern history of just war has typically assumed the primacy of four particular elements: jus ad bellum, jus in bello, the state actor, and the solider. This book will put these four elements under close scrutiny, and will explore how they fare given the following challenges: -/- • What role do the traditional elements (...) of jus ad bellum and jus in bello—and the constituent principles that follow from this distinction—play in modern warfare? Do they adequately account for a normative theory of war? -/- • What is the role of the state in warfare? Is it or should it be the primary actor in just war theory? -/- • Can a just war be understood simply as a response to territorial aggression between state actors, or should other actions be accommodated under legitimate recourse to armed conflict? -/- • Is the idea of combatant qua state-employed soldier a valid ethical characterization of actors in modern warfare? -/- • What role does the technological backdrop of modern warfare play in understanding and realizing just war theories? -/- Over the course of three key sections, the contributors examine these challenges to the just war tradition in a way that invigorates existing discussions and generates new debate on topical and prospective issues in just war theory. -/- This book will be of great interest to students of just war theory, war and ethics, peace and conflict studies, philosophy and security studies. (shrink)

In "Rethinking Research Ethics," Rosamond Rhodes argues that everyone has a responsibility to participate in research ethics programs (Rhodes 2005). After discussing the moral underpinnings upon which such a claim might rest, this article brings up two concerns in response to Rhodes' claim. The first worry is pragmatic: Rhodes argues that the focus in research ethics should be on the hypothetical consent of idealized moral agents, an approach that is constrained by practical considerations. The second objection is that, in most (...) research studies, participants are paid, which undermines the accusation of free-riding for non-participants. (shrink)

This paper examines the virtue of modesty and provides an account of what it means to be modest. A good account should not only delimit the proper application of the concept, but should also capture why it is that we think that modesty is a virtue. Recent work has yielded several interesting, but flawed, accounts of modesty. Julia Driver has argued that it consists in underestimating one’s self-worth, while Owen Flanagan has argued that modesty must entail an accurate—as opposed to (...) underestimated or inflated—conception of one’s self worth. Neither of these accounts provides a satisfactory characterization of modesty as a virtue. Driver leaves us wondering why modesty, understood, at least in part, as misunderstanding one’s merits, should earn the status of virtue, whereas Flanagan’s characterization does not adequately and uniquely pick out the concept of modesty. These criticisms have been presented by G. F. Schueler who goes on to defend the doctrine that modesty is, roughly, the lack of one’s desire for other people to be impressed by one’s accomplishments. My goal is to provide an account of modesty that improves upon those currently before us. My own positive account will draw off of Schueler’s account as well as work done by Jean-Paul Sartre and Gabriele Taylor on the moral emotion of shame. (shrink)

Philosophical and ethical discussions of warfare are often tied to emerging technologies and techniques. Today we are presented with what many believe is a radical shift in the nature of war-the realization of conflict in the cyber-realm, the so-called.

This paper explores a framework for thinking about risks inherent in emerging technologies; given uncertainty about the magnitude—or even nature—of those risks, deliberation about those technologies is challenged. §1 develops a conceptual framework for risk, and §2 integrates that conception into cost-benefit analysis. Given uncertainty, we are often pushed toward precautionary approaches, and such approaches are explored in §3. These first three sections are largely literature review, and then a positive argument for how to think about the relationship between risk, (...) precaution, and uncertainty is offered in §4. (shrink)