abstract The possibility that organ sales by living adults might be made legal is morally distressing to many of us. However, powerful arguments have been provided recently supporting legalisation (I consider two of those arguments: the Consequentialist Argument and the Autonomy Argument). Is our instinctive reaction against a market of organs irrational then? The aim of this paper is not to prove that legalization would be immoral, all things considered, but rather to show, first, that there are some kinds of (...) arguments, offered in favour of legalisation, that are, in an important sense, illegitimate, and second, that even if legalisation might not be wrong all things considered, there are good reasons for our negative moral intuitions. Moreover, identifying these reasons will help highlight some features of moral decisions in non‐ideal situations, which in turn might be relevant to some other moral or policy choices. (shrink)

Consensual homicide remains a crime in jurisdictions where active voluntary euthanasia has been legalized. At the same time, both jurisdictions, in which euthanasia is legal and those in which it is not, recognize that all patients (whether severely ill or not) have the right to refuse or withdraw medical treatment (including life-saving treatment). In this paper, I focus on the tensions between these three norms (the permission of active euthanasia, the permission to reject life-saving treatment, and the prohibition of consensual (...) homicide), assuming a justification of euthanasia based on the right to (personal) autonomy. I argue that the best way to provide a coherent account of these norms is to claim that patients have two distinct rights: the right to autonomy and the right to bodily integrity. This solution has some relevant implications for the discussion of the legalization of active euthanasia. (shrink)

I try to show that Steiner’s theory has very implausible normative consequences since it does not accept the prima facie character or rights. This theory is unable to solve the conflicts of interests in which the only intuitively plausible solution consists in overriding someone’s rights.

Two basic kinds of communitarians are discriminated. Weak communitarians reject only the liberal metaethical theses that I call universalism and neutralism, but endorse liberal norms and institutions at the normative level. Strong communitarians condemn liberalism at both levels: they reject not only universalism and neutralism, but also substantive liberal norms defending communitarian values. This article intends to show certain internal paradoxes of these two versions of communitarianism.

The question I address in this paper is whether and under what conditions it is morally right to bring a person into existence. I defend the commonsensical thesis that, other things being equal, it is morally wrong to create a person who will be below some threshold of quality of life, even if the life of this potential person, once created, will nevertheless be worth living. However commonsensical this view might seem, it has shown to be problematic because of the (...) so-called 'Non-Identity Problem'. Both utilitarian and rights-based approaches have been unable to provide a solution to this problem. I rest my thesis on two premises: that causing a disability or impairment in a future person is prima facie wrong, so long as we can avoid causing such a disability to that very person; and that reproduction, under normal conditions, is prima facie morally indifferent. From these two premises, I conclude that it is prima facie wrong to bring into existence a person with a non-trivial disability or impairment (which might be, nonetheless, compatible with a worthwhile life), even if the only available alternative is to remain childless. (shrink)

Most people (and philosophers) distinguish between performing a morally wrong action and being blameworthy for having performed that action, and believe that an individual can be fully excused for having performed a wrong action. My purpose is to reject this claim. More precisely, I defend what I call the “Dependence Claim”: A's doing X is wrong only if A is blameworthy for having done X. I consider three cases in which, according to the traditional view, a wrong action could be (...) excused: duress, mental illness, and mistake. I try to show that the reasons for excusing in either case are not relevantly distinguishable from the reasons for claiming that the prima facie wrong action is not wrong all things considered. (shrink)

In this article I explore a kind of tragic choice that has not received due attention, one in which you have to save only one of two persons but the probability of saving is not equal (and all other things are equal). Different proposals are assessed, taking as models proposals for a much more discussed tragic choice situation: saving different numbers of persons. I hold that cases in which (only) numbers are different are structurally similar to cases in which (only) (...) probabilities are different. After a brief defense of this claim, I conclude that some version of consequentialism seems more promising for offering a plausible solution to the probability case. (shrink)

The question I address in this paper is whether there is a version of mental state welfarism that can be coherent with the thesis that we have a legitimate concern for non‐experiential goals. If there is not, then we should reject mental state welfarism. My thesis is that there is such a version. My argument relies on the distinction between “reality‐centered desires” and “experience‐centered desires”. Mental state welfarism can accommodate our reality‐centered desires and our desire that they be objectively satisfied. (...) My general strategy is, at the level of the value theory, somewhat analogous to the strategy that indirect consequentialism applies at the level of moral obligation theory. To test my argument, I appeal to Nozick's well‐known example of the Experience Machine. (shrink)

Este documento ofrece una propuesta desde la perspectiva de la bioética para la elaboración de un protocolo de triaje en el contexto de la pandemia de COVID-19. Dicha propuesta incluye recomendaciones sobre las normas procedimentales y normas sustantivas que deben regir la asignación y reasignación de recursos terapéuticos en condiciones de escasez extrema.

ABSTRACT In a recent paper published in this journal, Thomas S. Petersen makes a qualified defense of what he calls ‘the Claim from Adoption’, according to which, ‘instead of expending resources on bringing new children [in developed countries] into the world using reproductive technology and caring for these children, we ought to devote these resources to the adoption and care of existing destitute children’. My purpose in this paper is not to discuss Petersen’s argument in favor of that claim. Rather, (...) I want to show that, even if the Claim from Adoption might be, other things being equal, true, it is not true all things considered. What is, all things considered, true is a much more complex set of statements, including a general prima facie obligation to adopt, as well as an obligation by the state of developed countries to discourage procreation and promote adoption of destitute children. (shrink)

We all agree on the justification of defending ourselves or others in some situations, but we do not often agree on why. Two main views compete: subjectivism and objectivism. The discussion has mainly been held in normative terms. But every theory must pass a previous test: logical consistency. It has recently been held that, at least in the case of defending others from aggression, objective theories lead, in some situations, to normative contradiction. My aim is to challenge the idea that (...) only objective theories have this uncomfortable feature. In fact, any plausible theory justifying the defense of others, whether subjectively or objectively, can lead to situations of normative inconsistency. Therefore, the logical test is not the most fitting one for choosing between different theories of private defense. (shrink)

El trabajo discute la justificación moral del uso de drones en conflictos armados, tanto desde el punto de vista de la moralidad profunda de la guerra como desde el punto de vista de cuál es la regulación jurídica moralmente justificable. Desde la óptica de la moralidad profunda, argumento que no es posible dar un veredicto general acerca de la permisión o prohibición moral del uso de drones. Desde la óptica de las convenciones jurídicas para regular los conflictos armados, sostengo que (...) la posición más razonable es la de una permisión fuertemente regulada, más que una prohibición absoluta. (shrink)

According to the evidence-relative view of liability to defensive harm, a person is so liable if and only if she acts in a way that provides sufficient evidence to justify a (putative) victim’s belief that the person poses a threat of unjust harm, which may or may not be the case. Bas van der Vossen defends this position by analyzing, in relation to a version of Frank Jackson’s famous drug example, a case in which a putative murderer is killed by (...) a putative victim. Van der Vossen submits that the putative murderer is liable to be killed, which is a verdict that can be accommodated only by the evidence-relative view. We argue that Van der Vossen’s attempt to ground the evidence-relative view of liability to defensive harm fails. We also argue that this notion should be construed in fact-relative terms. This, however, does not mean that the notion of permissibility should necessarily also be understood in such a way in all possible cases. So, we explore whether the evidence-relative view of permissibility may be used in some contexts. (shrink)

La pregunta que exploro en este trabajo es si la injusticia social puede socavar la autoridad moral de la sociedad para castigar al que delinque. La respuesta a esta pregunta depende esencialmente de cuál sea la teoría justificatoria del castigo penal de la que se parte. Analizo diversas teorías de la pena, entre ellas la teoría consensual de Carlos Nino. Mi objetivo es explorar de qué modo las diferentes teorías de la pena enfrentan el desafío que plantea la pregunta y (...) extraer algunas conclusiones tentativas de ese recorrido. The question I address in this paper is whether social injustice can undermine the moral authority of society to punish criminals. The answer to this question crucially depends on the underlying justificatory theory of punishment. I consider several theories, among them the consensual theory proposed by Carlos Nino. My aim is to explore how different theories of punishment address the challenge and to draw some tentative conclusions. (shrink)

My aim in this paper is to provide an effective counterexample to consequentialism. I assume that traditional counterexamples, such as Transplant (A doctor should kill one person and transplant her organs to five terminal patients, thereby saving their lives) and Judge (A judge should sentence to death an innocent person if he knows that an outraged mob will otherwise kill many innocent persons), are not effective, for two reasons: first, they make unrealistic assumptions and, second, they do not pass the (...) rule‐consequentialist institutional test. My example (The Moral Murderer), instead, assumes a realistic empirical framework and the relevant action does not undermine basic social institutions. On the contrary, it reinforces them. In The Moral Murderer, Tom (an adult male) is morally allowed to murder a person (preferably a woman) in order to be punished to death. (shrink)

The problem of nonideal theory has been widely discussed in political philosophy in recent times. The problem has received much less attention, however, at the level of individual morality. Since the real world is a nonideal one, the problem is extremely relevant, if moral theory is to guide our action as moral agents. My purpose in this paper is mainly conceptual. I first clarify the distinction between different kinds of nonideal situation (natural accidents or limitations and partial compliance with morality) (...) and how different moral theories face those different kinds of imperfections. Secondly, I try to show that the distinction between the two main sources of imperfection is less straightforward and more complex than might be expected. Finally, I suggest that the role of partial compliance in nonideal moral theory is much more modest and difficult to defend than we might at first think. (shrink)

In this paper, I discuss exploitative transactions in bioethics. Examples of this kind of transactions allegedly include, among others, commercial surrogacy, organ selling, and research with human subjects in developing countries. The most problematic kind of exploitation is what Allan Wertheimer calls “mutually advantageous exploitation:” the weak party’s consent for the transaction is an effective and rational consent. Moreover, W does not suffer any harm by the transaction; on the contrary, the transaction benefits W. My aim in this paper is (...) twofold. From the perspective of individual ethics, I offer a model to understand the nature of the wrongfulness of the strong party’s action. And from the perspective of legal ethics, I suggest some reasons to believe that the prohibition of beneficial exploitative contracts is problematic and can only be justified in very exceptional cases. (shrink)

This book offers a first rate selection of academic articles on Latin American bioethics. It covers different issues, such as vulnerability, abortion, biomedical research with human subjects, environment, exploitation, commodification, reproductive medicine, among others. Latin American bioethics has been, to an important extent, parochial and unable to meet stringent international standards of rational philosophical discussion. The new generations of bioethicists are changing this situation, and this book demonstrates that change. All articles are written from the perspective of Latin American scholars (...) from several disciplines such as philosophy and law. Working with the tools of analytical philosophy and jurisprudence, this book defends views with rational argument, and opening for pluralistic discussion. (shrink)

The question I address in this article is whether it is morally wrong for a lawyer to represent a client whose purpose is immoral or unjust. My answer to this question is that it is wrong, prima facie. This conclusion holds, even accepting certain traditional principles of lawyer's professional ethics, such as the right of defence and the so-called principle of ‘adversarial’ litigation. Both the adversarial system and the right of defence are sufficient to support or justify the right of (...) potential clients to defend their interests in the judicial system and to do so with the technical assistance of a lawyer. This right includes a right to pursue unjust or immoral purposes. However, having a right to do X does not mean that it is morally permissible to do X. We can have a right to do something morally wrong. This being so, the fundamental moral reason for a lawyer not to accept representation for a client with an immoral purpose is that it is, prima facie, morally wrong to help someone do something wrong. (shrink)

Bioethics embraces a number of ethical problems connected to medicine, biomedical research, and health law. Most of these have both a universal dimension and a more particular one. Reproductive rights, exploitation, commodification, biomedical research, and the protection of the environment, among others, are issues that can be discussed from a universal perspective.

I try to show that Steiner's theory has very implausible normative consequences since it does not accept the prima facie character or rights. This theory is unable to solve the conflicts of interests in which the only intuitively plausible solution consists in overriding someone's rights.

According to the World Bank, 767 million people, 10.7 percent of the world’s population, live on less than 1.9 dollars a day, and around 2 billion, 28,7 percent of humankind, on less than 3.2 dollars a day.1 About 815 million are undernourished. About 155 million children will suffer from stunted growth.

Nozick's well-known Experience Machine argument can be considered a typically successful argument: as far as I know, it has not been discussed much and has been widely seen as conclusive, or at least convincing enough to refute the mental-state versions of utilitarianism. I believe that if his argument were conclusive, its destructive effect would be even stronger. It would not only refute mental-state utilitarianism, but all theories considering a certain subjective mental state as the only valuable state. I shall call (...) these theories "mental state welfarist theories." I do not know whether utilitarianism or, in general, mental-state welfarism is plausible, but I doubt that Nozick's argument is strong enough to prove that it is not. (shrink)

In this article we identify three previously unnoticed problems with flexible moral theories, i.e., theories according to which different moral rules apply when there is full compliance and when there is partial compliance. The first problem is that flexible theories are necessarily very complex, which undermines their ability to motivate and guide action. The second problem is that flexible theories allow for a troubling kind of (moral) domination: the duties an agent has depend on other agents' willingness to comply. Finally, (...) flexible theories introduce indeterminacy: it is sometimes impossible to determine which moral rules apply. When agents stand at the threshold—i.e., when a different rule would apply if a single additional act of noncompliance took place—it is impossible to determine which rule should apply. (shrink)

Uno de los temas centrales de la teoría penal contemporánea es la discusión a favor y en contra de la punición igualada de tentativas y delitos consumados. Este problema es comúnmente analizado desde la perspectiva de la suerte. La meta de los defensores de la punición igualada es erradicar a la suerte de los juicios de responsabilidad penal. Para hacerlo, antes deben diferenciar entre la suerte que afecta los resultados de las acciones y otras clases de suerte involucradas. Rivera (...) López trató de justificar tal límite en el campo de la moral, y si sus ideas pudieran trasladarse al reino del derecho penal podrían ser de gran ayuda para los partidarios de la punición igualada. Aquí trato de plantear algunas observaciones críticas a sus tesis y mostrar que, en última instancia, ellas no pueden dar apoyo a la postulación subjetivista. (shrink)

This chapter contains sections titled: Metaethics: The Foundations of Moral Values and Norms Normative Principles: Human Rights and Democracy Applications: Bioethics and Multiculturalism Conclusion References.

Genetic research in human beings poses deep ethical problems, one being the problem of distributive justice. If we suppose that genetic technologies are able to produce visible benefits for the well being of people, and that these benefits are affordable to only a favored portion of society, then the consequence is obvious. We are introducing a new source of inequality. In the first section of this paper, I attempt to justify some concern for the distributive consequences of applying genetics to (...) human beings. This concern transcends a mere preoccupation for material equality. I argue that genetic inequality can undermine the very basis of social cooperation, at least regarding health care. The second section is more practical. My aim is to defend how, at least in some legal and cultural frameworks , the undesired distributive consequences of genetics are more likely to arise and more difficult to avoid. (shrink)

La exploración sobre la naturaleza, el significado y la estructura del concepto de crisis, y la definición misma de una crisis social convocan, primero, al uso, por lo general, ambiguo del término y, segundo, a las condiciones que manifiesta el mundo contemporáneo. Así, en este libro se procura analizar el, popularmente empleado pero poco esclarecido, concepto de crisis, sobre todo, en dos autores de la segunda generación de la teoría crítica, Habermas y Offe. La intención fundamental del texto es crear, (...) a partir de estos autores, un enfoque para estudiar las dinámicas patológicas de las sociedades contemporáneas. (shrink)