Suppose we agree to reject the view that privacy has narrow scope and consequently is irrelevant to the constitutional privacy cases. We then have (at least) these two options: (1) We might further emphasize and draw out similarities between tort and constitutional privacy claims in order to develop a notion of privacy fundamental to informational and Fourth Amendment privacy concerns as well as the constitutional cases. We can cite examples indicating this is a promising position. Consider consenting homosexuality conducted in (...) one's home, for instance. We view it as a private matter, whether the state is seeking to regulate the behavior, or if others are attempting to gain or exploit information about it. I believe basic conceptual similarities between tort and constitutional interests can be identified by showing that there is a range of similar reasons for protecting both tort and constitutional privacy concerns. We might worry, however, that a comprehensive concept of privacy may be too general to be very useful, given that privacy violations can be so diverse, and can arise, for example, from misuse of confidential information, from conduct that is intrusive even if no information is gained or disclosed, from disturbance of an intimate relationship, or from disruption of various other important aspects of one's life.(2) We could concede that whatever “privacy” means in the tort and Fourth Amendment cases, it means something different in the constitutional cases. Nevertheless, we might take that “something else” seriously as a distinct but legitimate use of the term which is not “spurious” but is reflected in our ordinary language. This appears to me to be a fruitful alternative. After all, contrary to Henkin's view that tort privacy is “what most people mean by privacy,” the term is often used in contexts beyond informational privacy and clearly related to the interests at stake in the constitutional cases. Thus, for example, in a pamphlet explaining how to protect children by teaching them how to say “No!” to strangers without making them paranoid or antisocial, parents and teachers are told, Children have a right to privacy. Teach it. Reinforce it. One of the ways to help children prevent sexual assault is to encourage them to develop a sense of physical integrity. A sense that they have a right to their own body space and privacy. Just as we allow them to close the door when they use the bathroom, we must allow them to say no to any unwanted physical affection and touch. Flora Calao and Tamar Hosansky, “The Key to Having Fun is Being Safe: Teaching Personal Safety to Children,” The Safety and Fitness Exchange, 1123 Broadway, N.Y., N.Y. 10010. Unfortunately, the most obvious starting point for identifying the sense of private relevant to the constitutional cases is extremely worrisome. The Court itself has said ... only personal rights that can be deemed “fundamental”...are included in this guarantee of personal privacy...the right has some extension to activities relating to marriage...procreation...contraception...family relationships... and child rearing and education.Roe v. Wade, 410 U.S. 113 (1973).The difficulty, of course, is that little more is offered by way of explanation of which rights are “personal” or “fundamental” or both. Focusing on marriage makes Roe v. Wade difficult to understand given that Ms. Roe was unmarried, and attending only to family issues does not help us make sense of the Stanley case protecting one's right to view pornography in one's home. It is perhaps more problematic that decisions such as what color shoes to wear are reasonably viewed as personal, yet are far from fundamental enough to warrant protection. And regulations governing the draft and employment, for example, are not viewed as privacy invasions although they might be said to interfere with matters of one's life that are both fundamental and personal in the vague sense described.Before we give up in frustration, however, I would urge that we recall that even in tort law the notion of privacy has been evolving through a constellation of judgments. Although there is no fixed way of using the term which we then proceed to analyze, the concept of privacy has not in those cases been taken to be meaningless or empty. Similarly, there is reason to believe that the scope of a “personal and fundamental” notion of privacy relevant to the constitutional cases can be further delineated through a consideration of cases, especially since it seems to me that in many cases application of the term is clear and unproblematic. A decision to have a vasectomy, for example, can uncontroversially be said to be a personal and fundamental one, and it is in that sense private. We fail to acknowledge the personal significance in an individual's life of forcing or refusing him the operation if we deny that this important sense of privacy is relevant to such a decision merely because an interest in determining for oneself what one ought to do is also at risk.Of course, once it is settled that something is a private matter, it is a separate issue to decide whether or not, in some social context, an invasion of it can be justified. Thus, I would claim, a mandatory sterilization program for male recidivists or for those in a country suffering grave poverty and overpopulation does invade privacy, and the social or legal question is whether or not the invasion can, in the particular circumstances, be justified. Although all will agree that both individual and social interests must be balanced by moral philosophers as well as the courts, in conflicts we will not always agree on the weight to be accorded individual claims.I have not provided a constitutional defense for citing privacy as one right at stake in the constitutional privacy cases. Nor have I attempted to enter the debate about how strictly to interpret the Constitution. But if I am correct, then we can agree there is an important interest in privacy at issue in those cases without merely conflating privacy and autonomy or liberty, and can continue the process of marking out its boundaries. If we reach such agreement, we will have made considerable progress. Moreover, the implications of this view are significant. Current constitutional standards, controversial though they may be, require “strict scrutiny” for cases concerning “fundamental values,” and privacy has been judged to be one such value. Thus these privacy claims have a greater chance of being protected when they conflict with other rights or general interests than they would have if only liberty, or freedom from governmental interference, were involved. (shrink)

An exploratory survey was conducted to determine if there are differences in ethical decisions by business students based upon cultural backgrounds. Students' responses to a vignette concerning advertising of cigar products in a variety of different media provided evidence of significant cultural differences between three groups of students from different geographical locations within the United States. This article suggests that the presumption that an individuals ethical beliefs and behaviors do not change after childhood may be in error.

. This paper reports the preliminary results from a semester-long ethics project at an AACSB accredited, regional comprehensive undergraduate school. This project culminated in an Ethics Awareness Week, which highlight a case study of the controversial EverQuest® multi-player online game. Issues of project planning and design are outlined, the dynamics of a business program-wide approach to ethics are social responsibility are presented, student survey results are presented and analyzed, and issues related to ongoing research are discussed. Nonparametric survey results indicate (...) that the greatest effect in student’s self reported enhanced understanding and interest in issues of business ethics is present when multiple pedagogical methods, e.g., case studies, lectures, assignments, and an Oxford-style debate, are applied by a number of faculty members over an extended time period. The paper concludes with a discussion of future research issues as well as a series of prescriptions for planning, organizing, and implementing such an extended activity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Receiving the Gift of Life: My Kidney Transplant StoryJudith W. RyanAs one of three siblings who all inherited an unfortunate gene from our mother, I was born with polycystic kidney disease (PKD). None of us knew of this, however, until later middle age, and my mother not until she was 76. I was the last sibling diagnosed at the age of 56. My brothers had been diagnosed some years (...) before and jokingly started to look at me as a universal donor. Since I had a 50-50 chance of having PKD and with a mother who was one of eight children with none of her siblings known to have the disease, I had not felt an urgency to be tested. Besides, I had no signs or symptoms. But now there was a reason. I made an appointment for a renal ultrasound and while having the procedure, I tipped the screen so that I could see the results. Although the technician was not happy with this, I was repaid with the view of my kidneys looking full of bubbles. Yes, our family was three for three in the genetic game of roulette.I knew immediately how I was going to navigate this health issue. As an adult nurse practitioner I had a very good understanding of what was to come. I knew my blood type “O” was the most common and would mean the longest wait for a deceased donor transplant, at least five years if I were lucky and only after enduring several years of progressing renal failure. In addition, I had cared for dialysis patients and watched my mother endure with difficulty both peritoneal and hemodialysis prior to her death a year before my diagnosis. Knowing I would not choose dialysis left me hoping for a miracle of a living donor or, more realistically, managing my disease as best I could until I died.The next step was managing PKD symptoms and issues as my kidneys continued to fail. One of the errors in my thinking during this time turned out to be that because I had two brothers who had the same disease and were ahead of me in their disease progression, I could follow their lead. It turned out that we manifested our disease very differently. My younger brother, who was diagnosed first, had to deal with significant pain from persistent cyst ruptures, monthly, biweekly then weekly. This continued even after his transplant until he had his native kidneys removed. The other two of us did not have to deal with cyst ruptures. Additionally, anemia was no problem for my younger brother but was for us older siblings. Significant fatigue and weariness were a problem for both of my brothers but not for me.And so it went, as we compared our blood test results, that the idea of a living donor entered the conversation. I knew this would be a problem for me because how do you ask people to consider being a donor? I had difficulty asking friends for a ride to the airport. This is where the grace and kindness of others and divine intervention enter [End Page 107] our story—word about our medical dilemma spread through the visibility of my younger brother, a minister in New England.Fortunately for me, my much beloved younger brother had dozens of people who wanted to be his donor. About 12 of these potential donors were actually tested before finding a match. One of his unmatched donors became the donor for my older brother (our first family transplant). Two years later, my other brother received his transplant. Three years later, after being told he was not a good match for my brother, this dear man came forward to be a possible donor for me. Hence, I got my transplant from an unused donor from my younger brother’s group. Overall, we had living donors from three different churches located within an hour of each other in New England. I even lucked out and acquired the minister of one of the churches as my donor. All three of us received kidneys over five years from living donors who did not know my older brother... (shrink)

Political action requires a concept of humanity grounded in an explicit notion of human nature. Feminists apprehensive about poststructuralism's implications for a feminist politics need methods and discourses that allow feminist politics to proceed toward a vision of human well-being. Recent work by Chris Weedon and Erica Sherover-Marcuse highlights the need for hypotheses that can guide efforts to dismantle oppressed habits of being and help women evaluate and develop political strategies for universal solidarity.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Redeeming the Enlightenment: Christianity and the Liberal VirtuesJudith W. KayRedeeming the Enlightenment: Christianity and the Liberal Virtues Bruce K. Ward Grand Rapids, Mich.: Eerdmans, 2010. 230 pp. $26.00.Bruce Ward has written a remarkably rich intellectual history whose theological diagnosis yields refreshing interpretations of ethical norms. Each chapter treats one of liberalism’s cherished virtues (equality, authenticity, tolerance, and compassion) and argues for the Christian roots of each in order (...) to show how Christianity is “the fulfillment of what the Enlightenment, at its best, sought” (196).Ward uses the Christian humanism of Dostoevsky to redeem the equality espoused by Rousseau and Kant in light of Nietzsche’s attacks. Equality is grounded neither in a human capacity nor in obedience to a principle, but in the imago Dei. While hardly original, this foundation with attention to immanence can create an enlivened perception of others in their richness while being transformed by love from “the other world.” Ward redeems authenticity with agapic self-dispossession rather than self-assertion, which liberates it from individualism and opens it to the “call of God.” Liberal compassion finds its fulfillment in the love of particular, suffering humans, which requires discernment, respect, and effective action. Such compassion is rooted in and revelatory of divine love.Ward’s most compelling chapter, on tolerance, begins by noting how this ideal often inhibits moral judgment or promotes indifference. Ward is a student of neither Mill’s nor Nussbaum’s libertarian versions of tolerance. Instead, Ward draws upon René Girard to argue that tolerance must account for the perpetrator’s demonization of social outcasts that leads to the victim’s resentment. Victims must lead the way in exposing and then exiting this cycle. Dostoevsky recommends a practice of taking responsibility for all persecution (“all are guilty for all”) as an expression of active love. Such a practice forges points of human contact between groups in conflict, even if prejudices are slow to change. In response to intolerant religions, Christians should assume such universal responsibility rather than rely on the “restrained” violence of the liberal state. Although Ward derides multicultural versions of tolerance that “celebrate difference,” he observes that the universal human of Enlightenment ontology cannot exist except through the particularity of a lived story—precisely multiculturalism’s insight. [End Page 213]The deep lament motivating this book is that an inadequate Christian theology lost its power to explain the world. The resulting defense of humanism by Enlightenment philosophes was deeply shaped by Christian ideals, but they were unable to articulate a foundation for moral norms, which made Nietzschean nihilists appear sane. Both groups are ill equipped to respond to current religious terrorism. As Charles Taylor explores in The Secular Age, the third contenders are those who affirm a good beyond this world. Ward differs from Taylor by arguing that the problem is not a lack of transcendent grounding for norms but an inadequate conceptualization of immanence and transcendence. Ward uses the Trinitarian approach of Dostoevsky to reorder transcendence and immanence, which avoids translating “Christianity into liberalism” or injecting transcendence into secularism.Ward’s project succeeds if one accepts Nietzsche as the major critic of the Enlightenment. Readers who have accepted as legitimate other criticisms of the philosophes may be disappointed. His discussion of compassion lacks Catholic interlocutors such as Edward Vacek who argue that agape avoids the polarity between self-love and compassion; feminists who critique Enlightenment dichotomies between savage and civilized or reason and emotion; and Marxists who argue that capitalism denies human equality, thus making Ward’s “capitalist liberal humanism” sound naive. It is not clear how Ward would redeem the Enlightenment from such criticisms.Nevertheless, Ward’s rereading of the Enlightenment is majestic in its sweep, compelling in its close textual analysis, and brimming with fresh insights. The text assumes much familiarity with the philosophes; its pedagogical use is recommended for graduate students and scholars. [End Page 214]Judith W. KayUniversity of Puget SoundCopyright © 2012 Society of Christian Ethics... (shrink)

A narrow conception of who counts among the marginalized can blind ethicists to the precarious position of groups who function as middle agents between elites and the lower class. The imposition of middle agency on such groups is a form of oppression that leaves them vulnerable to abandonment and attack. In Rwanda, discourses emanating from colonialism, classism, and racism obscured the Tutsi as middle agents, despite white Catholics' dedication to the poor. By neglecting to recognize middle agency as a type (...) of marginalization, missionaries contributed negatively to the genocide. Liberatory practices are recommended so that ethicists can expose and challenge the dynamics of middle agency and include all the marginalized in liberation strategies. (shrink)

THE EXODUS STORY HAS BEEN A SOURCE OF BOTH IDENTIFICATION AND conflict for American Jews and blacks. As a source of identification, blacks saw themselves as Hebrew slaves pitted against white Pharaohs, while blacks' plight resonated with Jewish immigrants. As a source of tension, the Exodus story obscured how Jews were caught between blackness and whiteness. Jews were neither Pharaohs nor slaves but instead functioned as agents of the ruling elites over blacks. Jewish vulnerability derives from potential abandonment from below (...) and above, a type of oppression not captured by the Exodus story. When Jews combat racism and forge black—Jewish alliances, they reduce their susceptibility to becoming isolated from potential allies. Combating racism thus is central to Jewish liberation. White Christians have an important role in preventing anti-Semitism from disrupting efforts to eliminate racism and build an effective black—Jewish coalition. (shrink)

Since at least the mid-1970s, public health and law enforcement officials have conducted joint or parallel investigations of both health problems possibly associated with criminal intent and crimes having particular health dimensions. However, the anthrax and other terrorist attacks of fall 2001 have dramatically underscored the needs that public health and law enforcement officials have for a clear understanding of the goals and methods each discipline uses in investigating such problems, including and especially the potential use of biologic agents as (...) weapons of mass destruction. Recognition of these needs has prompted some experts to call for the application of “forensic epidemiology” to such problems. Even before the attacks of fall 2001, other problems, such as the detection of the West Nile Virus in the United States and concerns that the emergence of this infectious agent was the consequence of a deliberate act, raised novel challenges to the combined interests of public health and criminal investigators. (shrink)

Since at least the mid-1970s, public health and law enforcement officials have conducted joint or parallel investigations of both health problems possibly associated with criminal intent and crimes having particular health dimensions. However, the anthrax and other terrorist attacks of fall 2001 have dramatically underscored the needs that public health and law enforcement officials have for a clear understanding of the goals and methods each discipline uses in investigating such problems, including and especially the potential use of biologic agents as (...) weapons of mass destruction. Recognition of these needs has prompted some experts to call for the application of “forensic epidemiology” to such problems. Even before the attacks of fall 2001, other problems, such as the detection of the West Nile Virus in the United States and concerns that the emergence of this infectious agent was the consequence of a deliberate act, raised novel challenges to the combined interests of public health and criminal investigators. (shrink)

An introductory level text designed to explain and review basic ideas concerning the role of law in society. Assuming no previous knowledge of the field, the volume examines the theoretical and empirical dimensions of law in society from political, sociological, psychological and philosophical perspectives.

ABSTRACT I present and assess arguments both for and against censorship of pornography, explaining why the case on each side is inconclusive. In an effort to move beyond issues of censorship and to address the growing problem of violence in pornography, I propose a distinction between erotica and violent pornography. I then utilise this distinction to evaluate the moral status of, and certain social responses to, violent pornography. I show why most arguments that violent pornography is morally wrong rest on (...) assumptions that either may not be true or do not apply to all instances of violent pornography. I also indicate why the only unconditional moral argument against violent pornography—an argument I find reasonable—will not be universally acceptable. Finally, I discuss two alternatives to censoring violent pornography. I argue that the first, which adapts Joel Feinberg's right of reasonable avoidability, is too weak, while the second, which advocates refusing all subsidy and support for violent pornography, is ultimately too strong as a social response in a society committed to freedom. (shrink)

The article focuses on the study on moral conflicts and ethical relativism. There are few theories in the history ethics that stated that a moral dilemma can not be adhered by to moral requirements. According to philosophy professor David Wong, occurrence of irresolvable moral disagreement is one of the normative problems. On the other hand, the author asserted that single-agent moral conflicts do not necessarily fall under the relativism theory.

I begin with a discussion of the value of privacy and what we lose without it. I then turn to the difficulties of preserving privacy for genetic information and other medical records in the face of advanced information technology. I suggest three alternative public policy approaches to the problem of protecting individual privacy and also preserving databases for genetic research:(1) governmental guidelines and centralized databases, (2) corporate self-regulation, and (3) my hybrid approach. None of these are unproblematic; I discuss strengths (...) and drawbacks of each, emphasizing the importance of protecting the privacy of sensitive medical and genetic information as well as letting information technology flourish to aid patient care, public health and scientific research. (shrink)

This paper begins with a discussion of the value of privacy,especially for medical records in an age of advancing technology.I then examine three alternative approaches to protection ofmedical records: reliance on governmental guidelines, the useof corporate self-regulation, and my own third hybrid view onhow to maintain a presumption in favor of privacy with respectto medical information, safeguarding privacy as vigorously andcomprehensively as possible, without sacrificing the benefitsof new information technology in medicine. None of the threemodels I examine are unproblematic, yet (...) it is crucial to weighthe strengths and weaknesses of these alternative approaches. (shrink)

Individuals care about and guard their privacy intensely in many areas. With respect to patient medical records, people are exceedingly concerned about privacy protection, because they recognize that health care generates the most sensitive sorts of personal information. In an age of advancing technology, with the switch from paper medical files to massive computer databases, privacy protection for medical information poses a dramatic challenge. Given high-speed computers and Internet capabilities, as well as other advanced communications technologies, the potential for abuse (...) is much greater than ever before. At every stage in the process of collection and storage, dangers can arise, including entry errors, improper access, exploitation, and unauthorized disclosure. Secondary use and aggregation of data are all far easier, faster, and less expensive, and thus pose additional threats to an individual's control over the disposition of medical information. (shrink)

Although testing for substance abuse can be intrusive, inaccurate, and ineffective at ferreting out those who are a threat to others, it can be morally justified in certain carefully circumscribed cases.

Free speech has historically been viewed as a special and preferred democratic value in the United States, by the public as well as by the legislatures and courts. In 1937, Justice Benjamin Cardozo wrote in Palko v. Connecticut that protection of speech is a “fundamental” liberty due to America's history, political and legal, and he recognized its importance, saying, “[F]reedom of thought and speech” is “the matrix, the indispensable condition, of nearly every other form of freedom.” It is likely notable (...) that in the Bill of Rights free speech is protected in the First Amendment rather than later. (shrink)

Most of us have certain intuitions about moral rights, at least partially captured by the ideas that: (A) rights carry special weight in moral argument; (B) persons retain their rights even when they are legitimately infringed; although (C) rights undoubtedly do conflict with one another, and are sometimes overridden as well by nonrights considerations. I show that Dworkin's remarks about rights allow us to affirm (A), (B), and (C), yet those remarks are extremely vague. I then argue that Feinberg's more (...) comprehensive and precise theory, designed to do justice to all three theses, cannot assure us of (A), that rights are not merely one consideration to be weighed in the balance with heterogeneous others. I show how Feinberg accepts (C) despite being drawn toward an alternative absolutist theory of rights and commits himself to (B) through his rejection of prima facie rights. But his promising distinction between recognition and enforcement of a right, which helps give some sense to (B) despite its tension with (C), undermines the force of rights in moral argument apparently intended by (A). We thus learn that Feinberg's and Dworkin's accounts of rights are incompatible, though each is correct in important ways. Contrasting their views allows us to clarify the implications and consistency of alternative theses about rights, one step toward meeting the challenge of developing a theory which shows more adequately how respect for rights is to be combined with other intuitions about rights and their relation to other values. (shrink)

I first discuss reasons for feminists to attend to the role of women in the military, despite past emphasis on antimilitarism. I then focus on the exclusion of women from combat duty, reviewing its sanction by the U.S. Supreme Court and the history of its adoption. I present arguments favoring the exclusion, defending strong replies to each, and demonstrate that reasoning from related cases and feminist analyses of equality explain why exclusion remains entrenched.