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- James W. Fossett, Alicia R. Ouellette, Sean Philpott, David Magnus & Glenn McGee (2007). Federalism and Bioethics: States and Moral Pluralism. Hastings Center Report 37 (6):24-35.
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The theology of John Calvin has deeply affected the American mentality through two streams of thought, Puritanism and Jansenism. These traditions formulate moral problems in terms of absolute, clear principles and avoid casuistic analysis of moral problems. This approach is designated American moralism. This article suggests that the bioethics movement in the United States was stimulated by the moralistic mentality but that the work of the bioethics has departed from this viewpoint. Keywords: bioethics, Calvinism, casuistry, Jansenism, moralism, moral principle, Puritanism CiteULike Connotea Del.icio.us What's this?
Concentrating on the views of Christopher Stone, who advocates moral pluralism, and J. Baird Callicott, who criticizes Stone’s views, I argue that the debate has been confused by a conflation of three different positions, here called minimal, moderate, and extreme moral pluralism. Minimal pluralism is uncontroversial because all known moral theories are minimally pluralistic. Extreme pluralism is defective in the ways that Callicott alleges and, moreover, is inconsistent with integrity in the moral life. However, moderate pluralism of the sort that I advance in Environmental Justice is distinct from extreme pluralism and free of its defects. It is also consistent with Callicott’s version of Aldo Leopold’s land ethic, which is itself moderately pluralistic.
Any discussion of federalism necessarily runs headlong into concepts of sovereignty, with both terms being subject to Tocqueville's statement that, in discussing federalism, "the human understanding more easily invents new things than new words." Thus, just as systems previously considered to have been "federal" at the dawn of the United States of America were something much different from what was developed for our nation at that time, so is the "federal" system of today's United States different from anything to which we make comparisons.This article reviews a paper by Professor Peter Tettinger's, and extends his analysis. As Professor Tettinger indicates, the German Basic Law incorporates both divisions of competence internally and opportunities for granting competence externally that set it apart from most other systems. In particular, the role of Germany in the European Union ("ED") and the resulting opportunity for consideration of levels of federalism provide special grist for discussion.From the provisions of the German Basic Law, we can make helpful comparisons with federalism in the United States, as well as with each other countries. This chapter provides specific focus on some specific aspects of the allocation of competence for internal "sovereign" functions within Germany, and external sovereign functions on behalf of the German people.
In the face of the moral pluralism that results from the death of God and the abandonment of a God's eye perspective in secular philosophy, bioethics arose in a context that renders it essentially incapable of giving answers to substantive moral questions, such as concerning the permissibility of abortion, human embryonic stem cell research, euthanasia, etc. Indeed, it is only when bioethics understands its own limitations and those of secular moral philosophy in general can it better appreciate those tasks that it can actually usefully perform in both the clinical and academic setting. It is the task of this paper to understand and reevaluate bioethics by understanding these limits. Academic bioethicists can analyze ideas, concepts, and claims necessary to understanding the moral questions raised in health care, assessing the arguments related to these issues, and provide an understanding of the different moral perspectives on bioethical issues. In the clinical setting, bioethicists can provide legal advice, serve as experts on IRBs, mediating disputes, facilitating decision-making and risk management, and clarifying normative issues. However, understanding this is only possible when one understands the history, genesis, and foundations of bioethics and its inability to provide a resolution to postmodern moral pluralism.
Contemporary Neo-Berlinians contend that value pluralism is the best account of the moral universe we inhabit; they also contend that value pluralism provides a powerful case for liberalism. In this paper, I challenge both claims. Specifically, I will examine the arguments offered in support of value pluralism; finding them lacking, I will then offer some reasons for thinking that value pluralism is not an especially promising view of our moral universe.
Michael Walzer has made great contributions to the appreciation of both moral and cultural pluralism in political theory. Nonetheless, there are ways in which Walzer's arguments appear anti-pluralistic. The question of this essay is: why is there so little pluralism in Walzer's political theory, or why does its pluralism run out so soon? Focusing on Spheres of Justice and Nation and Universe, it examines the effect of Walzer's nationalism/statism on his theory, and the constraints his theory faces in considering multiculturalism or political pluralist regimes such as federalism within a state.
Federalism as balance between the federal government and the states is a deeply entrenched principle of American constitutional law. Without the idea of balance or some replacement concept, judges and constitutional scholars seem incapable of conceptualizing federalism and resolving federalist conflicts. The thesis of the Article is that federalism as balance must be reexamined to assess whether it is jurisprudentially sound. For this purpose, the Article introduces a framework for understanding balancing discourse generally. Upon examination, federalism as balance does not satisfy the requirements articulated by this framework. The result is that this conception has no discernible content and therefore can play no identifiable analytic role in either conceptualizing or resolving federalist conflicts. The failure of federalism as balance to be an analytically sound element in understanding federalism is an additional reason for reexamining the political safeguards argument for enforcing federalism. Without sufficient analytic content, federalism as balance is merely a rhetorical device which legislators can use just as well or as poorly as judges.
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