Titel oversat: Islamisk, medicinsk etik i det tyvende århundrede.

The ArgumentMuslims share with others both the interest in and the concern about genetic engineering. Naturally their reactions and views stem from general Islamic dogma and from Islamic medical ethics, but they are not unaware of Western scientific data. Particularly relevant is the Islamic religious prohibition against “changing what Allah has created.” Muslim muftis try to offer practical solutions for individuals. Islamic law is concerned about maintaining pure lineage. Consanguineous matings are very common, but induced abortions are usually ruled out. (...) Cloning has reawakened among Muslims an old debate over the positive as well as hazardous aspects of genetic engineering. (shrink)

Selecting the sex of a fetus has been a desire of parents in many different cultures. Modern Muslim religious scholars have identified advantages and disadvantages of this practice, permitting it in certain cases while forbidding it in others. In general, they do not appear to desire that selection of sex become a common practice, yet they are willing to allow it for personal reasons. This case-by-case approach exemplifies a key aspect of Muslim ethical discourse. After an overview of justifications for (...) fetal sex selection in different cultures, I turn to a discussion of authoritative Islamic sources. I then analyze the reasoning of several modern authorities who deal with the issue. In the absence of a clear religious text on the subject, scholars seem inclined to legitimize sex selection, and in so doing they appear strongly influenced by social attitudes. (shrink)

Difference and Disability in the Medieval Islamic World: Blighted Bodies. By Kristina L. Richardson. Edinburgh: Edinburgh University Press, 2012. Pp. ix + 158. $110, £65 ; $40, £24.99.

Contains twenty-one of the papers presented at the 3rd Islam and Bioethics International Conference held April 14-16, 2010, in Manavgat, Antalya, Turkey.

While the practice of Western medicine is known today to doctors of all ethnic and religious groups, its standards are subject to the availability of resources. The medical ethics guiding each doctor is influenced by his/her religious or cultural background or affiliation, and that is where diversity exists. Much has been written about Jewish and Christian medical ethics. Islamic medical ethics has never been discussed as an independent field of ethics, although several selected topics, especially those concerning sexuality, birth control (...) and abortions, have been more discussed than others. Islamic medical ethics in the 20th century will be characterised on the basis of Egyptian fatawa (legal opinions) issued by famous Muslim scholars and several doctors. Some of the issues discussed by Islamic medical ethics are universal: abortions, organ transplants, artificial insemination, cosmetic surgery, doctor-patient relations, etc. Other issues are typically Islamic, such as impediments to fasting in Ramadan, diseases and physical conditions that cause infringement of the state of purity, medicines containing alcohol, etc. Muslims' attitudes to both types of ethical issues often prove that pragmatism prevails and the aim is to seek a compromise between Islamic heritage and the achievements of modern medicine, as long as basic Islamic dogma is not violated. (shrink)

Postmortem examinations have recently become common practice in Western medicine: they are used to verify the cause of death and to obtain additional scientific information on certain diseases, as well as to train medical students. For religious people of the monotheistic faiths postmortems present several ethical questions even though the advantages attributed to postmortems in the West are also acknowledged by Jews, Christians and Muslims. The Islamic way of dealing with such questions will be surveyed via contemporary fatawa (legal opinions) (...) issued primarily by Egyptian scholars; Islamic law, which was formulated in the eighth to ninth centuries, did not speak of postmortems. I will therefore depict the means whereby contemporary scholars approach postmortems in the absence of clear legal reference. The difficulties that postmortems create for Muslims at present will be weighed against some shar i instructions which may help circumvent them. While the ethical and religious debate continues, postmortems seem to be accepted but not, however, without certain reservations. (shrink)

Ever since the start of the twentieth century, a growing interest and importance of studying fatwas can be noted, with a focus on Arabic printed fatwas (Wokoeck 2009). The scholarly study of end-of-life ethics in these fatwas is a very recent feature, taking a first start in the 1980s (Anees 1984; Rispler-Chaim 1993). Since the past two decades, we have witnessed the emergence of a multitude of English fatwas that can easily be consulted through the Internet (‘e-fatwas’), providing (...) Muslims worldwide with a form of Islamic normative guidance on a huge variety of topics. Although English online fatwas do provide guidance for Muslims and Muslim minorities worldwide on a myriad of topics including end-of-life issues, they have hardly been studied. This study analyses Islamic views on (non-)voluntary euthanasia and assisted suicide as expressed in English Sunni fatwas published on independent—i.e. not created by established organisations—Islamic websites. We use Tyan’s definition of a fatwa to distinguish between fatwas and other types of texts offering Islamic guidance through the Internet. The study of e-fatwas is framed in the context of Bunt’s typology of Cyber Islamic Environments (Bunt 2009) and in the framework of Roy’s view on the virtual umma (Roy 2002). ‘(Non-)voluntary euthanasia and assisted suicide’ are defined using Broeckaert’s conceptual framework on treatment decisions at the end of life (Broeckaert 2008). We analysed 32 English Sunni e-fatwas. All of the e-fatwas discussed here firmly speak out against every form of active termination of life. They often bear the same structure, basing themselves solely on Quranic verses and prophetic traditions, leaving aside classical jurisprudential discussions on the subject. In this respect they share the characteristics central in Roy’s typology of the fatwa in the virtual umma. On the level of content, they are in line with the international literature on Islamic end-of-life ethics. English Sunni e-fatwas make up an influential and therefore important developing body of Islamic orthodox normative authority on end-of-life ethics that is still open for further research. (shrink)

Investigators and institutional review boards should integrate plans about the appropriate disclosure of individual genetic results when designing research studies. The ethical principles of beneficence, respect, reciprocity, and justice provide justification for routinely offering certain results to research participants. We propose a result-evaluation approach that assesses the expected information and the context of the study in order to decide whether results should be offered. According to this approach, the analytic validity and the clinical utility of a specific result determine whether (...) it should be offered routinely. Different results may therefore require different decisions even within the same study. We argue that the threshold of clinical utility for disclosing a result in a research study should be lower than the threshold used for clinical use of the same result. The personal meaning of a result provides additional criteria for evaluation. Finally, the context of the study allows for a more nuanced analysis by addressing the investigators' capabilities for appropriate disclosure, participants' alternative access to the result, and their relationship with the investigators. This analysis shows that the same result may require different decisions in different contexts. (shrink)

Substantial research demonstrates that ethical leaders improve a broad range of outcomes for their employees, but considerably less attention has been devoted to the performance and success of the leaders themselves. The present study explores the extent to which being ethical relates to leaders’ performance and promotability. We address this question by examining ethical leadership from the two ethical perspectives most common in Western traditions—i.e., the “right” and the “good”—and whether one might be more closely associated than the other with (...) performance and promotability evaluations. Results from 117 employee-supervisor-manager triads show that supervisors with a deontological outlook are more likely to be seen as ethical leaders and that utilitarian leaders are more likely to earn higher performance evaluations. We discuss the implications of these findings for research on ethical leadership. (shrink)

Bayefsky and Berkman argue in favor of evidence-based policy development for expanded prenatal genetic testing. They propose to identify what kinds of information pregnant persons, their par...

Effective July 22, 2011, a new law in the state of Washington requires any donor of sperm or eggs to provide a medical history and identifying information to fertility clinics. It also allows donor‐conceived individuals to request this information from clinics once they reach the age of eighteen. This is a significant legislative milestone and a promising development in a country that has consistently shied away from regulating the infertility industry in any way. What do we as a society owe (...) donor‐conceived individuals in terms of obtaining access to information about their genetic origins? This essay addresses just one of this set of issues: the regulatory changes required to address the medical interests of donor‐conceived individuals, regardless of whether a human right to know one's genetic origins is acknowledged. (shrink)

Since the 1970s, prenatal testing has been integrated into many health care systems on the basis of two competing and largely irreconcilable rationales. The reproductive autonomy rationale focuses on nondirective counseling and consent as ways to ensure that women's decisions about testing and subsequent care are informed and free of undue pressures. It also represents an easily understandable and ethically convincing basis for widespread access to prenatal testing, since the value of autonomy is well established in Western bioethics and widely (...) recognized by funders of health care. In contrast, the public health rationale approaches prenatal testing as designed to reduce the incidence of certain conditions in the population to reduce the burden of disease. This rationale emphasizes the societal consequences of reproduction and the aggregate impact of women's individual reproductive decisions on the overall health of future populations. In this essay, I argue that, despite what could be seen as a persistent failure to meet the ideals of reproductive autonomy, resisting the public health rationale as a basis for prenatal screening is ethically and pragmatically crucial. I recommend policy mechanisms that can enhance reproductive autonomy at a societal level to support choice at the individual level. (shrink)

The New Rhetoric is founded on the idea that since “argumentation aims at securing the adherence of those to whom it is addressed, it is, in its entirety, relative to the audience to be influenced,” says Chaïm Perelman and L. Olbrechts-Tyteca, and they rely, in particular, for their theory of argumentation on the twin concepts of universal and particular audiences: while every argument is directed to a specific individual or group, the orator decides what information and what approaches will achieve (...) the greatest adherence according to an ideal audience. This ideal, Perelman explains, can be embodied, for example, "in God, in all reasonable and competent men, in the man deliberating or in an elite.” Like particular audiences, then, the universal audience is never fixed or absolute but depends on the orator, the content and goals of the argument, and the particular audience to whom the argument is addressed. These considerations determine what information constitutes "facts" and "reasonableness" and thus help to determine the universal audience that, in turn, shapes the orator's approach. /// The adherence of an audience is also determined by the orator's use of values, a further key concept of the New Rhetoric. Perelman's treatment of value and his view of epideictic rhetoric sets his approach apart from that of the ancients and of Aristotle in particular. Aristotle's division of rhetoric into three genres–forensic, deliberative, and epideictic–is largely motivated by the judgments required for each: forensic or legal arguments require verdicts on past action, deliberative or political rhetoric seeks judgment on future action, and epideictic or ceremonial rhetoric concerns values associated with praise or blame and seeks no specific decisions. For Aristotle, the epideictic genre was of limited importance in the civic realm since it did not concern facts or policies. Perelman, in contrast, believes not only that epideictic rhetoric warrants more attention, but that the values normally limited to that genre are in fact central to all argumentation. "Epideictic oratory," Perelman argues, "has significant and important argumentation for strengthening the disposition toward action by increasing adherence to the values it lauds.” These values are central to the persuasiveness of arguments in all rhetorical genres since the orator always attempts to "establish a sense of communion centered around particular values recognized by the audience.”. (shrink)

Volume 20, Issue 7, July 2020, Page 172-174.

This book discusses the justifications and limits of cultural nationalism from a liberal perspective. Chaim Gans presents a normative typology of nationalist ideologies, distinguishing between cultural liberal nationalism and statist liberal nationalism. Statist nationalisms argue that states have an interest in the cultural homogeneity of their citizenries. Cultural nationalisms argue that people have interests in adhering to their cultures and in sustaining these cultures for generations. Gans argues that freedom- and identity-based justifications for cultural nationalism common in literature can (...) only support the adherence thesis, while the historical thesis could only be justified by the interest people have in the long-term endurance of their personal and group endeavors. The Limits of Nationalism examines demands often made in the name of cultural nationalism, such as claims for national self-determination, historical rights claims to territories and demands entailed by cultural particularism as opposed to cultural cosmopolitanism. (shrink)

The legitimacy of the Zionist project--establishing a Jewish homeland in Palestine--has been questioned since its inception. In recent years, the voices challenging the legitimacy of the State of Israel have become even louder. Chaim Gans examines these doubts and presents an in-depth, evenhanded philosophical analysis of the justice of Zionism.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 36.3 (2003) 189-206 [Access article in PDF] First Philosophies and Regressive Philosophy Chaïm Perelman "As a crystal reconstitutes itself from one of its particles, all philosophy creates itself from the idea of an open dialectic, and carries, in itself, the same dialectical character." —Ferdinand Gonseth A number of metaphysicians, including Bergson and Heidegger, consider metaphysics the only knowledge of consequence and use the word to refer (...) to their own philosophies. But a large number of eminent metaphysicians, among them Descartes, Spinoza, Kant, Fichte and Hegel had only disdain for metaphysics and used the word to discredit the philosophy of their adversaries. D'Alembert (602-604) once noted that those referred to as metaphysicians had little regard for one another. "I have no doubt," he added, "that this title will soon be an insult to our great minds, just as the name sophist which, although it meant wise, was debased in Greece by those who bore it and rejected by the true philosophers."The preceding remarks should, I think, convince the few who would still doubt it that declaring oneself an adversary of metaphysics does not mean that one does not do metaphysics. On the contrary, the very fact of opposing a certain conception of metaphysics presupposes that one advocates another conception of metaphysics; this needs to be made explicit, if it is only implicit. In a very interesting study, Mr. Everett W. Hall has recently analyzed the metaphysical assumptions of four types of positivism (Mach, Comte, Watson, Carnap). Even without this analysis the conclusion is predictable; he who is opposed to a certain manner of treating a problem remains himself within the same problematic. Indeed, such oppositions produce a continuous expansion and dialogue about the meaning of the word "metaphysics." This happens not through an automatic and necessary dialectic, but through the dialectic directed by the philosopher's concerns.The first metaphysicians set forth a particular philosophy of being [être]; those opposed advocated a different philosophy of being. By expanding its meaning, Aristotle gave metaphysics its first dialectical movement and identified it as the study of being as being and ontology. Kantian criticism treats dogmatic metaphysics with disdain, and shows that all theories [End Page 189] of being must be preceded by a theory of knowledge: the first principles of philosophy would be those of epistemology and not those of ontology. Since Kant, and for more than a century, metaphysical debates would be about the primacy of ontology or epistemology, and the opposition to their variants, realism and idealism. Then, at the end of the nineteenth century, the debate broadened. Under the influence of pragmatism, the philosophy of values, and Bergsonism, a strong current of philosophical thinking developed, which integrated the theory of knowledge into a general theory of action. It proclaimed the primacy of a philosophy of action, philosophy of life, and philosophy of values. It is within a metaphysics broadened by these various developments that different conceptions of metaphysics will struggle to establish the primacy of their principles. But, despite their differences, all of these metaphysics can be considered first philosophies.Aristotle wrote a treatise on first philosophy, the first to be called metaphysics. First philosophies refer to any metaphysics that purports to determine first principles such as the fundamentals of being (ontology), of knowledge (epistemology), or of action (axiology). First philosophies position first principles as absolute and that they underlie all philosophical questions. The word "first" informs the argumentation used to establish the primacy of first philosophies. A principle is first when it comes before all others in a temporal, logical, epistemological or ontological order; the insistence on this point serves to emphasize its primacy or axiologic pre-eminence. That which is first or basic, that which precedes or presupposes all the rest, is also first in order of importance.As systematic metaphysics, first philosophies establish an interdependence among ontology, epistemology, and axiology. The course taken by first philosophies is determined by a starting point constituted by a necessary reality, a self-evident concept, or an absolute value before which one can... (shrink)

Current advances in assisted reproductive technologies aim to promote the health and well-being of future children. They offer the possibility to select embryos with the greatest potential of being born healthy (eg, preimplantation genetic testing) and may someday correct faulty genes responsible for heritable diseases in the embryo (eg, human germline genome modification (HGGM)). Most laws and policy statements surrounding HGGM refer to the notion of ‘serious’ as a core criterion in determining what genetic diseases should be targeted by these (...) technologies. Yet, this notion remains vague and poorly defined, rendering its application challenging and decision making subjective and arbitrary. By way of background, we begin by briefly presenting two conceptual approaches to ‘health’ and ‘disease’: objectivism (ie, based on biological facts) and constructivism (ie, based on human values). The basic challenge under both is sorting out whether and to what extent social and environmental factors have a role in helping to define what qualifies as a ‘serious’ disease beyond the medical criteria. We then focus on how a human rights framework (eg, right to science and right to the highest attainable health) could integrate the concepts of objectivism and constructivism so as to provide guidance for a more actionable consideration of ‘serious’. Ultimately, it could be argued that a human rights framework, by way of its legally binding nature and its globally accepted norms and values, provides a more universal foundation for discussions of the ethical, legal and social implications of emerging or disruptive technologies. (shrink)

Background Noninvasive prenatal testing (NIPT) provides important benefits yet raises ethical concerns. We surveyed Canadian pregnant women and their partners to explore their views regarding pressure to test and terminate a pregnancy, as well as other societal impacts that may result from the routinization of NIPT.Methods A questionnaire was offered (March 2015 to July 2016) to pregnant women and their partners at five healthcare facilities in four Canadian provinces.Results 882 pregnant women and 395 partners completed the survey. 64% of women (...) anticipated feeling no pressure to take the test if it were offered routinely, and 39% were not concerned about routinization leading to increased pressure to terminate a pregnancy of a fetus with Down Syndrome. Regarding other social concerns possibly resulting from routinization, pregnant women were most concerned regarding a reduction in resources available for people with Down Syndrome and their families and least concerned regarding a decrease in the population of people with Down Syndrome.Conclusions Our findings reflect the concerns expressed by pregnant women and their partners, both personal (pressure to test, pressure to terminate) and societal (e.g., regarding potential negative impact on people with disabilities and their families). Even if most women were not concerned about feeling pressured to test due to NIPT routinization, a large minority express concerns that should not be taken lightly. Moreover, a majority of respondents were concerned regarding pressure to terminate pregnancies due to NIPT routinization as well as regarding most societal impacts they were queried on, especially the possible future reduction in resources available for people with DS and their families. Canadian policy-makers should consider these potential negative ramifications of NIPT and ensure that appropriate social policies accompany its implementation. (shrink)

In 2022, the International Association of Bioethics (IAB) announced that the 17th World Congress of Bioethics would be held in Doha, Qatar. In response to ethical concerns expressed about the Qatar selection, the IAB Board of Directors developed and posted to the IAB website a response using a Q&A format. In this Letter, we (the IAB President and Vice President) address concerns about the ethics of bioethics conferencing raised in a 2023 Letter to the Editor of Bioethics by Van der (...) Graaf et al. We do not represent the Board of Directors, and this Letter expresses solely our own views. (shrink)

This book comprises a series of studies devoted to an analytic examination of reasoning in the field of conduct. The first is analysis of the idea of justice undertaken in a spirit of positivism; the series continues in a different vein necessitated by compelling obligation the author found himself under to work out a logic of value judgments. This logic is in fact the Rhetoric and Topics of antiquity: the author's "Traité de l' Argumentation gave this new life, and the (...) present work demonstrates its philosophical importance. (shrink)

In “The Ethics of Anonymous Gamete Donation: Is There a Right to Know One's Genetic Origins?,” Inmaculada de Melo‐Martín deconstructs the interests the right is supposed to protect. She argues that these interests are not set back or thwarted when one has no access to one's genetic origins. The basis of her argument is that we lack robust empirical evidence that donor‐conceived individuals suffer certain alleged harms, and that even when such harms are present, they do not provide strong enough (...) justification to ground the right.Indeed, the research on the needs, preferences, and well‐being of donor‐conceived individuals is scant. In fact, we lack robust empirical evidence regarding all aspects of donor conception. I argue, however, that the right to know one's genetic origins does not rest on empirical evidence. Some donor‐conceived individuals who are unable to know their genetic origins may suffer great harms. Others may suffer no harm at all. But all are treated wrongly when they are deprived of the ability to access information about their genetic origins. They are deprived of an important aspect of their autonomy: the liberty to choose what meaning they assign to the genetic components of their identity. (shrink)

This book examines the central questions concerning the duty to obey the law: the meaning of this duty; whether and where it should be acknowledged; and whether and when it should be disregarded. Many contemporary philosophers deny the very existence of this duty, but take a cautious stance toward political disobedience. This 'toothless anarchism', Professor Gans argues, should be discarded in favour of a converse position confirming the existence of a duty to obey the law which can be outweighed by (...) values and principles of political morality. Informed by the Israeli experience of political disobedience motivated by radically differing moral outlooks, the author sets out the principles which should guide our attitude to law and political authority even amidst clashing ideologies and irreconcilable moralities. This book will be of interest to students and scholars of law, philosophy and politics, and anyone concerned with the individual's responsibilties toward his or her political community. (shrink)

The ethics of safe sex in the gay community has, for many years, been focused on debates surrounding the responsibility regarding the use of condoms to prevent HIV transmission, once the only tool available. With the development of Truvada as a pre-exposure prophylaxis for HIV, for the first time in the history of the HIV/AIDS epidemic there is the potential to significantly reduce the risk of HIV transmission during sex without the use of condoms. The introduction of PrEP necessitates a (...) renewed discussion about the politics and ethics of safe sex for men who have sex with men. We present the arguments of authors who hold radically opposite positions with regard to the ethics of condom use by gay men, but who currently both criticize the use of PrEP. We offer a critique of their arguments and advance the position that the use of PrEP, even without condoms, can be acceptable and part of a safe sex ethics framework for MSM. (shrink)

Bioethics, Volume 36, Issue 5, Page 479-481, June 2022.

Bioethics, Volume 36, Issue 5, Page 482-485, June 2022.

Can states' immigration policies favor groups with whom they are culturally and historically tied? I shall answer this question here positively, but in a qualified manner. My arguments in support of this answer will be of distributive justice, presupposing a globalist rather than a localist approach to justice. They will be based on a version of liberal nationalism according to which individuals can have fundamental interests in their national culture, interests which are rooted in freedom, identity, and especially in ensuring (...) the meaningfulness of their endeavor. The prevalent means for protecting these interests is the right to national self-determination. Many believe that this right should be conceived of as a right to a state. I shall show that this conception of self-determination implies purely nationalist immigration policies. I shall present reasons for rejecting such policies, reasons which together with other reasons form a strong case against the statist interpretation of the right to self-determination. They form a strong case in favor of understanding self-determination as a bundle of privileges to which nations are entitled within the states dominating their homelands. Some of these privileges have to do with immigration policies. I shall argue for three principles which should regulate these immigration privileges and discuss the relation between them and Israel's Law of Return. (shrink)