This article applies the Kantian doctrine of respect for persons to the problem of sweatshops. We argue that multinational enterprises are properly regarded as responsible for the practices of their subcontractors and suppliers. We then argue that multinational enterprises have the following duties in their offshore manufacturing facilities: to ensure that local labor laws are followed; to refrain from coercion; to meet minimum safety standards; and to provide a living wage for employees. Finally, we consider and reply to (...) the objection that improving health and safety conditions and providing a living wage will cause greater harm than good. (shrink)
There is surprisingly little attention in Information Technology ethics to respect for persons, either as an ethical issue or as a core value of IT ethics or as a conceptual tool for discussing ethical issues of IT. In this, IT ethics is very different from another field of applied ethics, bioethics, where respect is a core value and conceptual tool. This paper argues that there is value in thinking about ethical issues related to information technologies, especially, though (...) not exclusively, issues concerning identity and identity management, explicitly in terms of respect for persons understood as a core value of IT ethics. After explicating respect for persons, the paper identifies a number of ways in which putting the concept of respect for persons explicitly at the center of both IT practice and IT ethics could be valuable, then examines some of the implicit and problematic assumptions about persons, their identities, and respect that are built into the design, implementation, and use of information technologies and are taken for granted in discussions in IT ethics. The discussion concludes by asking how better conceptions of respect for persons might be better employed in IT contexts or brought better to bear on specific issues concerning identity in IT contexts. (shrink)
This article provides an intellectual archeology of how the term "respect" has functioned in the field of bioethics. I argue that over time the function of the term has shifted, with a significant turning point occurring in 1979. Prior to 1979, the term "respect" connoted primarily the notion of "respect for persons" which functioned as an umbrella which conferred protection to autonomous persons and those with compromised autonomy. But in 1979, with the First Edition of (...) Principles of Biomedical Ethics by Beauchamp and Childress, and the report of the Ethical Advisory Board (EAB) of the (then) Department of Health, Education, and Welfare entitled Research on In Vitro Fertilization, usage shifts from "respect for persons" to "respect for autonomy." Two results: 1) those with compromised autonomy are no longer protected by the canons of "respect" but rather the less overriding canons of beneficence; and 2) the term "respect" functions increasingly as a rhetorical device in public bioethics discourse. (shrink)
Can a state seek to promote a thick conception of the good (such as fostering a kind of meaning or excellence in people's lives) without treating its citizens disrespectfully? The predominant answer among friends of the principle of respect for persons is "no." The most powerful Kantian objection to non-liberalism or perfectionism is the claim that citizens who do not share the state's conception of the good would be wronged in that the state would treat a certain way (...) of life as more important than its citizens' capacities to choose their own ways of life. I sketch a new non-liberal principle for political decision-making and show that, unlike other forms of non-liberalism, it is not vulnerable to this major respect-based objection. 'Open perfectionism' is the view that state enforcement of a conception of the good favoured by the majority is permissible if and only if the minority has the substantial ability to avoid the territory in which the conception of the good is enforced. I argue that it is a realistic possibility for some non-liberal states to provide a fair opportunity to their dissenters to avoid the imposition of non-liberal policies and that the Kantian liberal's central complaint would not apply to non-liberal states if they were to provide such an opportunity. The principle of respect for persons grounds the most influential argument for liberalism, and so showing that open perfectionism is consistent with liberal intuitions about free choice promises to help to transcend the long-standing conflict between non-liberalism and Kantian liberalism. (shrink)
I defend a certain claim about rationing in the context of HIV/AIDS, namely, the 'priority thesis' that the state of a developing country with a high rate of HIV should provide highly active anti-retroviral treatment (HAART) to those who would die without it, even if doing so would require not treating most other life-threatening diseases. More specifically, I defend the priority thesis in a negative way, by refuting two influential and important arguments against it inspired by the Kantian principle of (...)respect for persons. The 'equality argument' more or less maintains that prioritizing treatment for HIV/AIDS would objectionably treat those who suffer from it as more important than those who do not. The 'responsibility argument' says, roughly, that to ration life-saving treatment by prioritizing those with HIV would wrongly fail to hold people responsible for their actions, since most people infected with HIV could have avoided the foreseeable harm of infection. While it appears that a Kantian must think that one of these two arguments is sound, I maintain that, in fact, respect for persons grounds neither the equality nor responsibility argument against prioritizing HAART and hence at least permits doing so. If this negative defence of the priority thesis succeeds, then conceptual space is opened up for the possibility that respect for persons requires prioritizing HAART, which argument I sketch in the conclusion as something to articulate and defend in future work. (shrink)
This article applies the Kantian doctrine of respect for persons to the problem of sweatshops. We argue that multinational enterprises are properly regarded as responsible for the practices of their subcontractors and suppliers. We then argue that multinationalenterprises have the following duties in their off-shore manufacturing facilities: to ensure that local labor laws are followed; to refrain from coercion; to meet minimum safety standards; and to provide a living wage for employees. Finally, we consider and reply to the (...) objection that improving health and safety conditions and providing a living wage will cause greater harm than good. (shrink)
It is often argued that scientific developments in the area of biomedicine call for new ethical paradigms. Given the inadequacies of the traditional “sanctity-of-life ethics” (SLE), many have argued for a quality-of-life ethics (QLE), based on a non-speciesistic theory ofthe value of life. In this paper, I claim that QLE cannot account for the normativity of moral judgments, which can be explained only within the context of a theory of practical rationality: the peculiarity of moral normativity calls for an ethics (...) based on respect for rational creatures. I then go on to argue that the ethics of respect for persons (ERP) is not equivalent to SLE; that it can ground the moral protection of human “marginal cases”; that it does not rely on a scientifically implausible notion of human nature; and that it is not vulnerable to the charge of speciesism. Lastly, I suggest that ERP is a strictly philosophical interpretation of the Judeo-Christian moral tradition, and that is a better interpretation than SLE. If these assertions are correct, then the necessity of a new moral paradigm is seriously undermined. (shrink)
This article defends deterrence as an aim of punishment. Specifically, I contend that a system of punishment aimed at deterrence (with constraints to prohibit punishing the innocent or excessively punishing the guilty) is consistent with the liberal principle of respect for offenders as autonomous moral persons. I consider three versions of the objection that deterrent punishment fails to respect offenders. The first version, raised by Jeffrie Murphy and others, charges that deterrent punishment uses offenders as mere means (...) to securing the social good of crime reduction. The second and third are developed by R.A. Duff. The second holds that deterrent punishment inappropriately excludes offenders from the moral community. The third charges that deterrent punishment offers community members the wrong sorts of reasons to comply with the law. I conclude that each of these objections fails. A system of punishment aimed at deterrence (suitably constrained) is consistent with respect for offenders as moral persons. (shrink)
The article calls for a departure from the common concept of autonomy in two significant ways: it argues for the supremacy of semantic understanding over procedure, and claims that clinicians are morally obliged to make a strong effort to persuade patients to accept medical advice. We interpret the value of autonomy as derived from the right persons have to respect, as agents who can argue, persuade and be persuaded in matters of utmost personal significance such as decisions about (...) medical care. Hence, autonomy should and could be respected only after such an attempt has been made. Understanding suffering to a significant degree is a prerequisite to sincere efforts of persuasion. It is claimed that a modified and pragmatic form of discourse is the necessary framework for understanding suffering and for compassionately interacting with the frail. (shrink)
What is the free will problem about? It is surely about human freedom. But human freedom is a broad and varied topic, and we do not seek to cover all of it when we speak about the free will problem. The concerns of political philosophy with freedom from tyranny, for instance, are largely independent of the philosophical concern with free will (although, as we shall see, there is a connection). Let me then characterize more narrowly the concern that the free (...) will problem addresses: it focuses on people’s control over their own actions rather than on their political or economic freedom. But why do we care about control? The traditional answer is that we care about moral responsibility, and control of our actions is a condi- tion for being morally responsible. A person whose actions are not within her control is not morally responsible. We expect a person to control her actions, and because she can do so, we hold her liable for her actions. (shrink)
In this paper, I explore whether harsh treatment fails to respect the criminal as a person. I focus on the most extreme treatment because if such treatment can satisfy the duty to respect a criminal as a person then less extreme cases (e.g., incarceration, fines, shaming practices) can also do so. I begin by filling out the notion of a duty to respect a person. Here I set out an account of autonomy and then show that it (...) grounds the duty to respect a person. Next, I use this account of the duty to lay out a three-part test for whether harsh treatment respects a criminal as a person. I then apply this test and conclude that it does where the treatment does not infringe on the criminal’s rights, exploit him, or express contempt for him. (shrink)
Let me begin with a stylized contrast between two ways of thinking about morality. On the one hand, morality can be understood as the dictate of, or uncovered by, impartial reason. That which is (truly) moral must be capable of being verified by everyone’s reasoning from a suitably impartial perspective. If we are to respect the free and equal nature of each person, each must (in some sense) rationally validate the requirements of morality. If we take this view, the (...) genuine requirements of morality are a matter of rational reflection and self-imposed law. For Kant it seemed to be a matter of reflection by a rational individual, testing the impartiality of his maxims. For Rousseau, who was an important influence on Kant, under the proper conditions collective deliberation could yield impartial rules of justice that are willed by all. From another point of view moralities are social facts with histories. The heroes of this tradition are Hume, Ferguson and, perhaps surprisingly given his “deductive” method, Hobbes. The moral codes — or if “code” implies too much systematization, moral “practices” — we have ended up with are, to some extent, a matter of chance. This is by no means to say that morality is entirely arbitrary, but it does contain a significant arbitrary element. The morality we have ended up with is path-dependent: only because our moral codes have started somewhere, and have changed in response to unanticipated events, can we explain why we ended up where we have, and different societies end up in different places. The proponents of each view typically seek to discredit the other. Those who conceive of morality as the demand of impartial reason often insist the evolutionists confuse “positive morality” (the moral code that people actually follow) with justified (or true) morality, which is revealed by impartial reason. The positive morality that has evolved is simply what people think is morality, not what really is morality.. (shrink)
Abstract The infantilization of older adults seems morally deplorable whereas very young children are appropriate recipients of such treatment. Children, we argue, are not mentally capable of acting autonomously and reasoning clearly. However, we have difficulty reconciling this justification with the fact that many of the elders whom we respect are mentally deficient in those very same ways. In this paper, I try to make sense of this asymmetry between our justifications for infantilizing the young and our conviction that (...) our elders ought to be respected. I argue that our intuitions against adult infantilization are non-consequentialist (i.e., deontic). I consider several candidates for the deontic factor that might explain the asymmetry of our judgments and practices. I argue that a very specific kind of dignity (one that is socially constructed and reified) grounds our disparate judgments and treatments of very young and very old persons with similar needs. (shrink)
Given the increasing need for solid organ and tissue transplants and the decreasing supply of suitable allographic organs and tissue to meet this need, it is understandable that the hope for successful xenotransplantation has resurfaced in recent years. The biomedical obstacles to xenotransplantation encountered in previous attempts could be mitigated or overcome by developments in immunosuppression and especially by genetic manipulation of organ source animals. In this essay we consider the history of xenotransplantation, discuss the biomedical obstacles to success, explore (...) recent developments in transgenic sourcing of organs and tissues, and analyze the problem of infectious disease resulting from xenotransplantation (xenosis). We then apply a model of risk analysis to these risks. The conclusions of this risk analysis are used in an ethical evaluation of informed consent in xenotransplantation, with an ethical foundation in Kantian autonomy and Levinasian heteronomic alterity. Our conclusion is that individual and collective informed consent to the infectious disease risks of xenotransplantation requires an open, participatory and dialogical public policy process not yet seen in the United States and Europe. Until that process is created, we propose caution in xenotransplantation in general and a postponement of solid organ xenotransplants in particular. (shrink)
This paper explores the value of respect for personal autonomy in relation to clearly immoral and irrational acts committed freely and intentionally by competent people. Following Berlin's distinction between two kinds of liberty and Darwall's two kinds of respect, it is argued that coercive suppression of nonautonomous, irrational, and self-harming acts of competent persons is offensive to their human dignity, but not disrespectful of personal autonomy. Irrational and immoral choices made by competent people may claim only the (...) negative liberty to be left alone. Lives disposed to autonomy are worthy of solidarity and active support in addition to the right of free choice and action. Autonomous premeditated desires (distinguished from mere consent) may embody transcendental choices, which transcend consideration of physical and psychological well-being. Choices made by incompetent persons (e.g., children and the mentally disabled) are not related to autonomy, but to self-directedness. The value of human dignity confers protection to self-directedness, but not at the expense of other vital interests. (shrink)
The result is nothing less than a fundamental reorientation of moral theory that enables it at last to account for morality's supreme authority--an account that ...
Respect, Pluralism, and Justice is a series of essays which sketches a broadly Kantian framework for moral deliberation, and then uses it to address important social and political issues. Hill shows how Kantian theory can be developed to deal with questions about cultural diversity, punishment, political violence, responsibility for the consequences of wrongdoing, and state coercion in a pluralistic society.
The basic relationship between people should be care, and the caring life is the highest which humans can live. Unfortunately, care that is not thoughtful slides into illegitimate intrusion on autonomy. Autonomy is a basic good, and we should not abridge it without good reason. On the other hand, it is not the only good. We must sometimes intervene in the lives of others to protect them from grave harms or provide them with important benefits. The reflective person, therefore, needs (...) guidelines for caring. Some contemporary moralists condemn paternalism categorically. This work examines weaknesses in their arguments and proposes new guidelines for paternalism, which it calls "parentalism" to avoid the patriarchal connotations of the old term. Its antiparentalism is more moderate than standard antipaternalism based on an exaggerated respect for autonomy. The work explores implications for both the personal sphere of interactions between individuals, such as friends and family members, and the public sphere of institutions, legislation, and the professional practices. (shrink)
. Despite the classical prohibition of moving from fact to value, encounter with the biodiversity and plenitude of being in evolutionary natural history moves us to respect life, even to reverence it. Darwinian accounts are value-laden and necessary for understanding life at the same time that Darwinian theory fails to provide sufficient cause for the historically developing diversity and increasing complexity on Earth. Earth is a providing ground; matter and energy on Earth support life, but distinctive to life is (...) information coded in the genetic molecules that superintends this matter-energy. Life is generated and regenerated in struggle, persists in its perishing. Such life is also a gift; nature is grace. Biologists and theologians join in celebrating and conserving the genesis on Earth, awed in their encounter with this creativity that characterizes our home planet. (shrink)
I present the foundational structure for a life-centered theory of environmental ethics. The structure consists of three interrelated components. First is the adopting of a certain ultimate moral attitude toward nature, which I call “respect for nature.” Second is a belief system that constitutes a way of conceiving of the natural world and of our place in it. This belief system underlies and supports the attitude in a way that makes it an appropriate attitude to take toward the Earth’s (...) natural ecosystems and their life communities. Third is a system of moral rules and standards for guiding our treatment of those ecosystems and life communities, a set of normative principles which give concrete embodiment or expression to the attitude of respect for nature. The theory set forth and defended here is, I hold, structurally symmetrical with a theory of human ethics based on the principle of respect for persons. (shrink)
In “Sweatshops and Respect for Persons” we argued on Kantian grounds that managers of multinational enterprises (MNEs) have the following duties: to adhere to local labor laws, to refrain from coercion, to meet minimum health and safety standards, and to pay workers a living wage. In their commentary on our paper Sollars and Englander challenge some of our conclusions. We argue here that several of their criticisms are based on an inaccurate reading of our paper, and that none (...) of the remaining criticisms successfully challenge our main arguments. By highlighting the shortcomings of their arguments we hope to advance discussion of the ethical treatment of workers in global supply chains. (shrink)
A timeless resource that probes Jewish texts, spirituality, and observance provides a unique approach to caring for the aging and elderly, helping today's ...
Three main claims are made in this paper. First, it is argued that Onora O’Neill has uncovered a serious problem in the way medical ethicists have thought about both respect for autonomy and informed consent. Medical ethicists have tended to think that autonomous choices are intrinsically worthy of respect, and that informed consent procedures are the best way to respect the autonomous choices of individuals. However, O’Neill convincingly argues that we should abandon both these thoughts. Second, it (...) is argued that O’Neill’s proposed solution to this problem is inadequate. O’Neill’s approach requires that a more modest view of the purpose of informed consent procedures be adopted. In her view, the purpose of informed consent procedures is simply to avoid deception and coercion, and the ethical justification for informed consent derives from a different ethical principle, which she calls principled autonomy. It is argued that contrary to what O’Neill claims, the wrongness of coercion cannot be derived from principled autonomy, and so its credentials as a justification for informed consent procedures is weak. Third, it is argued that we do better to rethink autonomy and informed consent in terms of respecting persons as ends in themselves, and a characteristically liberal commitment to allowing individuals to make certain categories of decisions for themselves. -/- Respect for autonomy is in trouble. In recent work in this journal1 and elsewhere,2 O’Neill has forcefully argued that respect for autonomy, as it has come to be used in medical ethics, is philosophically indefensible. If her arguments are sound, then, contrary to the standard view, respect for autonomy cannot be the source of the ethical requirement to seek informed consent before treating a patient or enrolling a participant in a trial. So her critique goes to the heart of contemporary medical ethics: if O’Neill is right, medical ethicists have systematically misunderstood two of the most fundamental concepts they deal with—respect for autonomy and informed consent. -/- This paper has four sections. Section 1 distinguishes between three different ways of talking about respect for autonomy, and looks in more detail at the one that has come to be central to bioethical writing on informed consent—namely, the idea that we should respect autonomous choices. Section 2 argues, following O’Neill, that it is implausible to think that the purpose of informed consent requirements is to respect autonomous choices. Section 3 argues that O’Neill’s proposed reworking of autonomy and informed consent is inadequate. O’Neill’s approach requires us to adopt a more modest view of the purpose of informed consent procedures. In her view, the purpose of informed consent procedures is simply to avoid deception and coercion, and the ethical justification for informed consent derives from a different ethical principle, which she calls principled autonomy. I argue that contrary to what O’Neill claims, we cannot derive the wrongness of coercion from principled autonomy, and so its credentials as a justification for informed consent procedures is weak. Section 4 argues that we do better to rethink autonomy and informed consent in terms of respecting persons as ends in themselves, and a characteristically liberal commitment to allowing individuals to make certain categories of decisions for themselves. (shrink)
The leading accounts of respect for others usually assume that persons have a rational nature, which is a marvelous thing, so they should be respected like other objects of ‘awesome’ value. Kant's views about the ‘value’ of humanity, which have inspired contemporary discussions of respect, have been interpreted in this way. I propose an alternative interpretation in which Kant proceeds from our own rational self-regard, through our willingness to reciprocate with others, to duties of respect for (...) others. This strategy, which shares some similarities with moral contractualism, offers a way to justify other-regarding moral requirements from self-regarding rational dispositions. (shrink)
The prime and paramount factor that characterizes the Catholic philosopher is a respect for the Catholic philosophical tradition. To respect a person or a tradition is to see it as a bearer of value; respect does not automatically entail agreement. The Catholic philosophical tradition is not doctrinally unified, but is defined by a mutuality of involvement in a common project: that of developing a perspective that enables reason and religion to exist in a holistic unicity that fructifies (...) each through its interaction with the other. Catholic philosophers should respect their intellectual tradition because it is an important part of acquiring their identity as thinkers and persons. Three useful approaches to appropriating and respecting a tradition are: (1) restoration and revival; (2) preservation of issues by re-opening and re-examining its questions; and (3) revivification of its spirit. (shrink)
In order to understand the nature of human embryos I first distinguish between active and passive potentiality, and then argue that the former is found in human gametes and embryos (even in embryos in vitro that may fail to be implanted) because they all have an indwelling power or capacity to initiate certain changes. Implantation provides necessary conditions for the actualization of that prior, active potentiality. This does not imply that embryos are potential persons that do not deserve the (...) same respect as actual persons. To claim that embryos become persons is to understand the predicate person as a phase sortal, roughly equivalent to adult person. This entails that we would not be essentially persons. In order to explain the traditional understanding of person as a proper sortal rather than a phase sortal, the author distinguishes between proximate and remote potentiality, and shows that, unlike feline embryos, human embryos, by their genetic constitution, possess the remote potentiality to later exercise the typically human activities. It follows that they are already persons essentially. (shrink)
"On the ... issue of our pluralistic age -- whether we can continue to believe in absolute value -- Robert Kane has written the most helpful discussion I know.
Perhaps the most troubling medical decisionmaking cases facing state courts involve serious health care decisions for persons with severe or profound mental retardation. Existing legal standards such as substituted judgment and best interests limit or skew relevant information. As an alternative, a best respect legal standard would prod decision makers to exhaust additional sources of information before making a surrogate medical decision. Such a legal standard also offers a more complete approach to all surrogate medical decisions.
In Neither Beast Nor God, Gilbert Meilaender elaborates the philosophical, social, theological, and political implications of the question of dignity, and ...
This chapter considers the centrality of principles in Kant’s moral philosophy, their distinctively ‘Kantian’ character, why Kant presents a ‘metaphysical’ system of moral principles and how these ‘formal’ principles are to be used in practice. These points are central to how Kant thinks pure reason can be practical. These features have often puzzled Anglophone readers, in part due to focusing on Kant’s Groundwork, to the neglect of his later works in moral philosophy, in which the theoretical preliminaries of that first (...) essay are properly articulated. In part, however, these puzzles stem, directly or indirectly, from Kant’s opposition to moral empiricism, which is bound to puzzle Anglophone readers, whose default orientation is empiricist. Accordingly, particular attention is paid to Kant’s reasons for rejecting moral empiricism and for developing an alternative to it, to Kant’s account of how his universalization tests serve as criteria of morally obligatory, permissible or prohibited actions and to his account of what is morally wrong with actions which violate those criteria. Examining these points provides a compelling synopsis of Kant’s system of moral principles, centring on the key terms ‘practical reason’, ‘law’, ‘maxim’ and ‘Categorical Imperative’. (shrink)
Respect for autonomy is problematic in relation to public health programmes such as vaccination, as the success of such programmes depends on widespread compliance. European countries have different policies for dealing with objectors to vaccination programmes. In some countries compliance is compulsory, while in others objectors are exempted or allowed to enter the programme under specific conditions. In this paper I argue that the objectors should not be treated as a homogenous group as is done in the above-mentioned policies. (...) Objectors have different arguments for not participating in vaccination programmes. Considering the value of respect for autonomy, some but not all of these arguments need to be accommodated by authorities. The concept of 'narrative autonomy' provides criteria to distinguish between tenable and untenable claims to the right to refuse vaccination. Narrative autonomy understands autonomy as essentially linked to identity, as this provides the moral framework with which we assess our first-order preferences. The above-mentioned concept of autonomy is derived from the concept of narrative identity as described by Marya Schechtman. She suggests that the application of the Articulation Constraint and the Reality Constraint enables us to establish the validity of personal narratives. Additionally, form and content features of identity, as proposed by Anthony Laden, will be used as criteria to establish the compatibility of the defectors' arguments with shared scientific and political values. Such compatibility is essential to accommodate respect for autonomy in the context of public health. (shrink)
Abstract: Bringing children to have respect for others is generally regarded as a central task of moral and social education. In this article one particular view of what ?respect for others? means and how it is justified is examined critically and found to be unsatisfactory. This view states that ?respect for others? follows logically from the proper conceptualization of ?person?, and claims, as a consequence, that in bringing children to respect others moral educators would be engaged (...) primarily in a cognitive task (ie helping children to acquire the proper concept of a ?person') ?? and would not have to resort to the conditioning of attitudes or the use of extrinsic motivation. This view is unsatisfactory, it is argued, as it does not give a correct account of the logical relationship between ?person? and ?respect? ?? and the conclusion is drawn that it has not been shown that moral and social education can be primarily cognitive, in this particular respect. Neither has it been shown that conditioning of attitudes is unnecessary. (shrink)
Death, Posthumous Harm, and Bioethics offers a highly distinctive and original approach to the metaphysics of death and applies this approach to contemporary debates in bioethics that address end-of-life and post-mortem issues.
In the past decade UNESCO has pursued a leadership role in the articulation of general principles for bioethics, as well as an extensive campaign to promulgate these principles globally.1 Since UNESCO's General Conference adopted the Universal Declaration on Bioethics and Human Rights in 2005, UNESCO's Bioethics Section has worked with member states to develop a "bioethics infrastructure." UNESCO also provides an "Ethics Teacher Training Course" to member states and disseminates a "core curriculum," primarily targeting medical students. The core curriculum orients (...) itself by the Universal Declaration on Bioethics and Human Rights and aims to articulate a set of "bioethical principles" that provide a "common global .. (shrink)
As a member of the UNESCO International Bioethics Committee (IBC) in 2005, I was privileged to serve on the small drafting group of the Universal Declaration on Bioethics and Human Rights, which was expertly chaired by the Australian Justice Michael Kirby. That draft matured over two years and was adopted by acclamation at the General Assembly of UNESCO in 2005. The project was conceived out of dissatisfaction with the generally perceived preoccupation of bioethics with the professional clinical encounter and related (...) matters that tended to ignore larger issues related to human rights. As the only global bioethics body representing 193 member states in the world, the IBC was well placed to attempt the achievement .. (shrink)
The literature on conscience in medicine has paid little attention to what is meant by the word ‘conscience.’ This article distinguishes between retrospective and prospective conscience, distinguishes synderesis from conscience, and argues against intuitionist views of conscience. Conscience is defined as having two interrelated parts: (1) a commitment to morality itself; to acting and choosing morally according to the best of one’s ability, and (2) the activity of judging that an act one has done or about which one is deliberating (...) would violate that commitment. Tolerance is defined as mutual respect for conscience. A set of boundary conditions for justifiable respect for conscientious objection in medicine is proposed. (shrink)
Species egalitarianism is the view that all living things have equal moral standing. To have moral standing is, at a minimum, to command respect, to be more than a mere thing. Is there reason to believe that all living things have moral standing in even this most minimal sense? If so?that is, if all living things command respect?is there reason to believe they all command equal respect?1 I explain why members of other species command our respect (...) but also why they do not command equal respect. The intuition that we should have respect for nature is one motive for embracing species egalitarianism, but we need not be species egalitarians to have respect for nature. This paper questions whether species egalitarianism is even compatible with respect for nature. (shrink)
I. The development of the earth has not progressed in the way that Leibniz so hopefully envisaged three hundred years ago. Late twentieth century disillusion demonstrated by citation. II-IV. In making sense of that disillusion it is a good beginning to abstain from speculative extravagance and simply to bring the human scale of values to bear; then to inquire how far the destruction of that which we prize has been gratuitous or economically subsidized. The human scale of values is not (...) a scale of exclusively human values. (Cp. Williams.) It gives no licence to the instrumentalist attitude. V. The swallow or the lapwing in Cambridgeshire (for instance) as a value recognized by the human scale of values, but misrepresented by many forms of economic analysis. The off-colour presuppositions of the question 'Can we afford to save the swallow in Cambridgeshire?' Will the natural framework be preserved for meaningful life, or will human beings face an aeon of inanition? VI. Every departure from policies of 'sustainability' to be justified by dire need. Incommensurability in the theory of practical reason, and in possible forms of politics. John Stuart Mill on a world with 'nothing left to the spontaneous activity of Nature'. VII. 'Nature' explicated by the use of three contrasts proposed by Hume. VIII. Respect for Nature? Roman religio and its secular-cum-precautionary counterpart. In risk analysis, are there moral asymmetries between assurable satisfaction of vital needs (one part of contentment) and probable provision of future benefits? Analogous asymmetries with respect to the reasonableness of the reliance on Nature under normal conditions and under radically altered conditions. (shrink)
: The principle of respect for autonomy has come under increasing attack both within health care ethics, specifically, and as part of the more general communitarian challenge to predominantly liberal values. This paper will demonstrate the importance of respect for autonomy for the social practice of assigning moral responsibility and for the development of moral responsibility as a virtue. Guided by this virtue, the responsible exercise of autonomy may provide a much-needed connection between the individual and the community.
We offer a critique of one prominent understanding of the principle of respect for autonomy and of analyses of medical paternalism based on that understanding. Our main critique is that understanding respect for autonomy as respect for freedom from interference is mistaken because it is overly influenced by four-alarm cases, because it fails to appreciate the full dimensions of legal self-determination (one of its main sources), because it conflates the research and therapeutic settings, and because it fails (...) to appreciate themes of authority and power that have historically shaped the principle of respect for freedom from interference. We argue that respect for autonomy involves more than just freedom from interference and, on this basis, offer a critique of prevailing accounts of medical paternalism. (shrink)
Paul W. Taylor has proposed a foundational structure for developing a respect for nature. This structure appears to go weIl beyond what is needed to justify such respect. The intricacies and nuances of life on Earth can gain our respect without attempting the impossible task of abandoning our human perspective or a particular interest in our own species.
Whereas right-libertarians do not think that it is a requirement of justice that we raise revenues for persons with disabilities, both left-libertarians and liberal egalitarians think that there is such a requirement. An issue remains for the latter two theorists—how ought we to raise this revenue? Liberal egalitarians typically endorse either universal taxation or taxation of the wealthy. Left-libertarians, on the other hand, cannot so easily appeal to the methods of universal taxation and taxation of the wealthy, as they (...) are illegitimately coercive. One such method left open to the left-libertarian is one proposed by Michael Otsuka. He argues that both left-libertarians and liberal egalitarians should find the method of taxation of the unjust to be a reasonably strong way of raising revenue. In this paper, I point out problems with Otsuka’s argument, as well as directly criticize the method of taxation of the unjust. (shrink)
This paper explores the idea of 'respect for nature' in the Earth Charter. It maintains that the Earth Charter proposes a broadly holistic environmental ethic where, in situations of conflict, species are given ethical priority over the lives of individual sentient organisms. The paper considers policy implications of this perspective, looking by means of example at the current European environmental policy dispute about the ruddy and white-headed duck. Questions about the value of species and biological diversity this raises are (...) explored. The paper concludes that the principle of valuing individual animal lives should be given more prominence in Earth Charter principles. (shrink)
Over the last years, Norway has revised its animal welfare legislation. As of January 1, 2010, the Animal Protection Act of 1974 was replaced by a new Animal Welfare Act. This paper describes the developments in the normative structures from the old to the new act, as well as the main traits of the corresponding implementation and governance system. In the Animal Protection Act, the basic animal ethics principles were to avoid suffering, treat animals well, and consider their natural needs (...) and instincts. In addition, a principle for balancing our duties towards animals with the needs and interests of humans was expressed by the formulation unnecessary suffering. These principles (only with slightly different formulations) are retained in the new act. The novelty of the new act is shown by its explicit intention to promote respect for animals and its recognition of animals’ intrinsic value. Whereas intrinsic value is only given a symbolic function, the notion of respect is intended to have practical consequences. One interpretation of respect for animals is taking the animal’s integrity—and not only welfare—into account. Another is to see the introduction of respect as a call to animal keepers to provide animals with welfare exceeding the minimum requirements. In several respects, the legal system now seems to leave more responsibility to the individual animal keeper—and to citizens in general. I argue that if the authorities really do want to promote respect for animals, they must at the same time initiate activities to achieve this. In my perspective the challenge is to provide adequate measures to achieve in practice the intended respect for animals expressed in the new act. (shrink)
Harvesting human embryonic stem (hES) cells is a highly controversial field of research because it rests on the destruction of human embryos. Altering the procedure of nuclear transfer (NT) is suggested to generate hES cell lines without ethical obstacles by claiming that no embryo would be involved. While discussing the nature of an embryo and related central questions concerning their moral status and the respect they deserve, this paper argues that the entity created by somatic cell nuclear transfer (SCNT) (...) or altered nuclear transfer (ANT) is an embryo and has the same moral status as a natural embryo. Respect for the embryo is expressed by the ethical principles of proportionality, probability and subsidiarity. This paper argues that the human embryo should only be taken for research with high ranking goals, which are proven in animal experimentation and for which there are no alternatives. This makes ANT obsolete and shows that SCNT to produce hES cells is premature at the present time. (shrink)
Respect for human embryos is often defended on the basis of the potentiality argument: embryos deserve respect because they already possess potentially the features that in adults are fully actualized. Opponents of this argument challenge it by claiming that if embryos should be respected because they are potentially adults, then gametes should be respected because they are potentially embryos. This article rejects this reductio ad absurdum argument by showing that there are two different types of potentiality involved so (...) that the transitivity of potentiality does not hold up in this case. Respect for embryos does not logically entail respect for gametes. (shrink)
This paper argues that the demands of respect for autonomy in the context of biobanking are fewer and more limited than is often supposed. It discusses the difficulties of agreeing a concept of autonomy from which duties can easily be derived, and suggests an alternative way to determine what respect for autonomy in a biobanking context requires. These requirements, it argues, are limited to provision of adequate information and non-coercion. While neither of these is in itself negligible, this (...) is a smaller set of demands than is often suggested. In particular, it is argued here that securing ‘one time consent’ is consistent with respect for autonomy. Finally, the paper notes that while the demands of respect for autonomy may be less than some suppose, respecting autonomy is not the only way in which biobanks and their users may have moral duties to donors. (shrink)
Most theorists believe that when it comes to freedom, no economic system does better than laissez-faire capitalism the system may have other problems, but as far as freedom is concerned, laissez-faire is as good as it gets. The goal of this paper is to show that this view is mistaken. I begin by criticising two important contemporary conceptions of freedom, the libertarian and the liberal egalitarian conceptions, both of which support the dominant view. I then develop a better alternative, one (...) that I call the social democratic conception of freedom. Using this conception, I go on to show that an economic system that requires firms to have an internal structure that makes decision-making more transparent and responsive to the concerns of workers actually shows greater respect for freedom than laissez-faire capitalism does. (shrink)
Business ethics should include illicit businesses as targets of investigation. For, though such businesses violate human rights they have been largely ignored by business ethicists. It is time to surmount this indifference in view of recent international efforts to define illicit businesses for regulatory purposes. Standing in the way, however, is a meta-ethical question as to whether any business can be declared unqualifiedly immoral. In support of an affirmative answer I address a number of counter-indications by comparing approaches to organized (...) crime and to corporate crime, comparing the ethical critique of businesses studied in business ethics and those socially banned, and comparing the business ethics assumption as to businesses’ ethicality to societal ethical neutrality regarding war-related businesses. My conclusion: to help advance respect for human rights, business ethicists should apply their expertise to the task of defining illicit businesses. (shrink)
An analysis of the ethical impacts of the use of anAutomatic Milking System (AMS) is employed as a casestudy to illustrate the use of a form of bioethicalanalysis in technology assessment. The approach isbased on the Ethical Matrix, where `impacts' areassessed in terms of (lack of) respect for threeethical principles as applied to interest groups. Inthis case, only impacts on dairy cows are examined,and principally in terms of their behaviouralfreedom.In contrast to traditional milking systems, AMS, inprinciple, allow cows to (...) present for milkingvoluntarily. So with AMS, it is claimed that dairymanagement relies on the autonomous interaction of thecow with her environment. (shrink)
This rejoinder to Roemer (this issue) examines Roemer's amendment to his EOp criterion, explains the similarities and differences between Roemer's approach to equality of opportunity and the economic literature inspired by the fair allocation theory, and proposes some clarifications on the compensation principle and the role of the reward principle in the definition of a responsibility-sensitive social criterion. It highlights the power of the ideal of respect for individual preferences with respect to the reward issue and the concern (...) for potential harshness of the social criterion toward the individuals who fail to make good use of their opportunities. It discusses Roemer's objection against holding individuals responsible for their preferences. (shrink)
Traditionally, conceptualizations of human values are based on the assumption that individuals possess a single integrated value system comprising those values that people are attracted by and strive for. Recently, however, van Quaquebeke et al. (in J Bus Ethics 93:293–305, 2010 ) proposed that a value system might consist of two largely independent value orientations—an orientation of ideal values and an orientation of counter-ideal values (values that individuals are repelled by), and that both orientations exhibit antithetic effects on people’s responses (...) to the social world. Following a call for further research on this distinction, we conducted two studies to assess the independent effects of ideal and counter-ideal values in leadership settings. Study 1 ( N = 131) finds both value orientations to explain unique variance in followers’ vertical respect for their leaders. Study 2 ( N = 136) confirms these results and additionally shows an analogous effect for followers’ identification with their leaders. Most importantly, we find that both value orientations exhibit their effects only independently when the content of the two orientations pertain to different value types in Schwartz’s (in J Soc Issues 50:19–46, 1994 ) circumplex model. Implications for theory and practice are discussed. (shrink)
An important approach to game theory is to examine the consequences of beliefs that rational agents may have about each other. This paper considers respect for public preferences. Consider an agent A who believes that B strictly prefers an option a to an option b. Then A respects B’s preference if A considers the choice of a “infinitely more likely” than the choice of B; equivalently, if A assigns probability 1 to the choice of a given that B chooses (...) a or b. Respect for public preferences requires that if it is common belief that B prefers a to b, then it is common belief that all other agents respect that preference. Along the lines of Blume, Brandenburger and Dekel [4] and Asheim [1], I treat respect for public preferences as a constraint on lexicographic probability systems. The main result is that if respect for public preferences and perfect recall obtains, then players choose in accordance with Iterated Backward Inference. Iterated Backward Inference is a procedure that generalizes standard backward induction reasoning for games of both perfect and imperfect information. From Asheim’s characterization of proper rationalizability [1] it follows that properly rationalizable strategies are consistent with respect for public preferences; hence strategies eliminated by Iterated Backward Inference are not properly rationalizable. (shrink)
