My aim in this paper is to explore the notion that corporations have moral rights within the context of a constitutive rules model of corporate moral agency. The first part of the paper will briefly introduce the notion of moral rights, identifying the distinctive feature of moral rights, as contrasted with other moral categories, in Vlastos' terms of overridingness. The second part will briefly summarize the constitutive rules approach to the moral agency of corporations (à la French, Smith, Ozar) and (...) pose the question of the paper. The third part will argue that, since the moral agency of corporations is dependent on the choices of those whose acceptence of the relevant rules constitutes the corporation as a moral agent, the rights of corporations are conventional; that is, they exist because they are so created. Thus, as a first answer, corporations do not have moral rights.But this raises a further question which we must explore. Once a corporation has been constituted, by the acceptance of the relevant rules by the relevant persons, does the corporation then have rights which endure? Can those who have constituted a corporation with certain rights morally change or cancel those rights in medias res without doing some sort of moral violence to the corporation? Do corporations at least have a moral right to persist in the conventional rights with which they were constituted? (shrink)

Case presentations, esthetics, insurance considerations, communicable diseases, referral questions, dental phobia, and legal concerns all play a role in doctor-patient relationships. These topics, and many others, are the subject of this one-of-a-kind resource, designed to show dental students and practitioners how to approach patient relationships.

This article places the concept of "right to know," which is normally associated with law, in a moral framework. It outlines multiple meanings of the concept, emphasizing the institutional nature of "right to know." Then the article imbeds this understanding in moral thinking, including a discussion of the moral elements of rights, and applies that understanding in specific journalistic situations.

This paper explores the relationship between teaching and consulting in clinical ethics teaching and the role of the ethics teacher in clinical decision-making. Three roles of the clinical ethics teacher are discussed and illustrated with examples from the authors' experience. Two models of the ethics consultant are contrasted, with an argument presented for the ethics consultant as decision facilitator. A concluding section points to some of the challenges of clinical ethics teaching.

The social ethics of medicine is the study and ethical analysis of social structures which impact on the provision of health care by physicians. There are many such social structures. Not all these structures are responsive to the influence of physicians as health professionals. But some social structures which impact on health care are prompted by or supported by important preconceptions of medical practice. In this article, three such elements of the philosophy of medicine are examined in terms of the (...) negative impact on health care of the social structures to which they contribute. The responsibilities of the medical profession and of individual physicians to work to change these social structures are then examined in the light of a theory of profession. (shrink)

Health care is not merely a matter of individual encounters between patients and physicians or other health care personnel. For patients and those who provide health care come to these encounters already possessed of learned habits of perception and judgment, valuation and action, which define their roles in relation to one another and affect every aspect of their encounter. So the presuppositions of these encounters must be examined if our understanding of patients' autonomy is to be complete. In this paper (...) I sketch three models of what is presupposed in the relationship between the health care professional and the lay patient; and I discuss the ways in which patients' autonomy is preserved and/or compromised under each of the three models. The models discussed are the Guild Model, the Commercial Model, and the Interactive Model. (shrink)

The concept of basic healt.h care has grown steadily in importance in recent years as more and more of those who reflect on the issue of a right to health care conclude that we need to distinguish between kinds of health care to which people do have a right and others to which they do not have a right. There is little consensus on where to draw this line. But there does seem to be general agreement that, if this distinction (...) is valid, it is so because some kinds of health care are less important, less essential, less something than others, and because the right to health care (if there is such a thing) extends only to those kinds of health care that are more important, more essential, more whatever-it-is. A number of authors have used the term 'basic' to represent this something and this is the term which I shall use. In this article, I shall offer a theory of what we mean by basic health care. I shall do this by developing, in Section 1 of the paper, a general theory of kinds of needs. In Section 2 I will give a brief account of the special moral significance of the levels of need which I designate as basic. In Sections 3-4 1 shall try to identify, in the context of the health care resources available in our society, the health care needs which fall into the previously developed categories of basic need. (shrink)

The word “forgiveness” and its verbal form, “forgiving,” may appear to have one and the same meaning whenever it is used. But the first thesis of this essay is that several distinct kinds of human activity are denominated by this word, and their differences are philosophically important. The second thesis of this essay is that some of the human activities denominated by this word have a close connection with hope, more specifically with hoping-in-a-person. The third thesis of this essay is (...) that, because of this connection, some kinds of forgiving have important communal aspects that are often overlooked. The essay develops its three theses through discussions of the expression “forgive and forgot,” a theme from Charles Bosk’s study, Forgive and Remember, a scene from Jane Austen’s, Emma, and a description of forgiving by theologian and spiritual writer, Louis Every. (shrink)

The word “forgiveness” and its verbal form, “forgiving,” may appear to have one and the same meaning whenever it is used. But the first thesis of this essay is that several distinct kinds of human activity are denominated by this word, and their differences are philosophically important. The second thesis of this essay is that some of the human activities denominated by this word have a close connection with hope, more specifically with hoping-in-a-person. The third thesis of this essay is (...) that, because of this connection, some kinds of forgiving have important communal aspects that are often overlooked. The essay develops its three theses through discussions of the expression “forgive and forgot,” a theme from Charles Bosk’s study, Forgive and Remember, a scene from Jane Austen’s, Emma, and a description of forgiving by theologian and spiritual writer, Louis Every. (shrink)

Berger (2019) argues effectively that “representativeness is more aptly understood as a variable that is multidimensional and continuous based on relational moral authority,” and also makes some useful suggestions about how taking this observation seriously might require changes in current patterns of practice regarding surrogates. But the essay raises additional important questions about how the Best Interest Standard (BIS) should be used among unrepresented patients and other patients as well because many surrogates besides those who “have no actionable knowledge of (...) a patient’s preferences” find themselves in positions in which they need to determine, with the physician, what is in the patient’s best interests. In this commentary, we therefore provide support for the ethical superiority of BIS judgments made by a multi-stakeholder process (rather than solo decision-makers), and sketch a process by which such judgments might be made. (shrink)

Our society’s professions, including the health professions, have long overlooked the possibility that one might learn something valuable about one’s own profession’s ethics by studying the ethics of other professions. Reflecting on the preceding article by Ritwik, Patterson, and Alfonzo-Echeverri, one can identify important similarities between dentistry’s professional ethics and the ethics of the other health professions. But there are also important differences between these professions’ ethics that should prompt reflection on the reasons for these differences, perhaps challenge something that (...) has been taken for granted in one’s own profession, and in any case facilitate better mutual understanding and more effective inter-professional collaboration. (shrink)

In this paper I clarify the distinction between actions performed under a social rule and a mere pattern of behavior through an examination of two distinctive features of actions performed under a social rule. Developing an argument proposed by H.L.A. Hart in The Concept of Law, I first argue that, where a social rule exists, there nonconformity/conformity to the pattern of behavior set down in the rule count as good reasons for criticism/commendation of actions covered by the rule. Secondly I (...) argue that, where a social rule exists, nonconformity/conformity to the pattern set down in the rule must be taken account of (at the risk of self-contradiction) in judging actions covered by the rule commendable or subject to criticism. This in turn means that, where a social rule exists, there can be no genuine exceptions to the rule because the notion of a genuine exception to a social rule makes no sense. (shrink)

Whether one believes that the embryo has rights from the instant of conception, or that the embryo has no moral rights at all, the conclusion about the fate of unused frozen embryos is the same: they ought to be preserved in their frozen state until they are implanted in a woman's womb or are no longer able to survive implantation.

The notion of group responsibility has received some very fruitful examination in recent years. But there still remains an important commonsense objection to this notion. Moral responsibility for an action is ordinarily linked to and held to depend upon the action's being the product of an act of choice on the part of the agent. The thrust of the objection here is that it is extremely difficult to understand how intentional acts like acts of choice can be properly attributed to (...) a group. The notion of a group "consciousness" does not seem a very satisfactory resolution of this problem. In this paper I shall propose that there are actually three distinct processes, as well as many hybrid combinations of them there, by which groups "make choices." That is, when we look at the activities of groups, we discover three different kinds of analogues to the act of choice of the individual person. I shall be illustrating each of these models with examples of health care decisions. In addition, I shall also try to illustrate how the level of personal moral responsibility of each of the individuals making up the group, i.e., each one's responsibility for the group's action, can be seen to flow from the particular role that an individual plays within the process of "group choice" that is involved. In this way, I hope to shed light not only on the topics of group choice, group responsibility, and the interplay of personal and group responsibility, but also to show concretely the valuable role that these themes can play in our understanding of the moral elements of the health care setting. CiteULike Connotea Del.icio.us What's this? (shrink)

Concerns of public responsibility and professional certification may sometimes mean it is unethical to teach ethics.

Based on the Fifty-fifth Annual Meeting of the American Catholic Philosophical Association, held at the Chase-Park Plaza Hotel in St. Louis, April 3-5, 1981. Includes bibliographical references.

Late in 1990, the Center for the Study of Ethics in the Professions at Illinois Institute of Technology (lIT) received a grant of more than $200,000 from the National Science Foundation to try a campus-wide approach to integrating professional ethics into its technical curriculum.! Enough has now been accomplished to draw some tentative conclusions. I am the grant's principal investigator. In this paper, I shall describe what we at lIT did, what we learned, and what others, especially philosophers, can learn (...) from us. We set out to develop an approach that others could profitably adopt. I believe that we succeeded. (shrink)

While tens of thousands of people across the United States serve on hospital and other healthcare ethics committees , almost no carefully prepared educational material exists for HEC members. Ethics by Committee is a one volume collection of chapters developed exclusively for this educational purpose. Experts in bioethics, clinical consultation, health law, and social psychology from across the country contribute chapters on ethics consultation, education, and policy development.

Shamik Dasgupta (2016) proposes to tame the Principle of Sufficient Reason (PSR) to apply to only non-autonomous facts, which are facts that are apt for explanation. Call this strategy to tame the PSR the taming strategy. In a recent paper, Della Rocca (2020a) argues that proponents of the taming strategy, in attempting to formulate a restricted version of the PSR, nevertheless find themselves committed to endorsing a form of radical monism, which, in turn, leads right back to an untamed-PSR. Suppose, (...) for the sake of argument, that Della Rocca is right. My question is this: Is there reason to believe the principle of sufficient reason (in its untamed version)? In this paper, I argue that it is impossible for there to be a reason to believe the untamed-PSR. (shrink)

In this essay, I examine Nigerian playwright Wole Soyinka’s A Dance of the Forests in order to think through political founding. Viewing founding from the postcolonial context, I explore how members of a political community negotiate among the multiple pasts that continue to affect them, and what kind of institutions and actors are best equipped to pursue this critical part of the founding project. Situating Soyinka’s account against competing narratives of the postcolonial condition, I demonstrate how he uses Yoruba philosophy (...) and cosmology to reframe the challenges and potentials of founding, and I illustrate how political actors should respond to these by adopting the role of “citizen-artists” who can learn from past struggles and overcome their overwhelming legacies. Read as a dramatic intervention into Nigerian democratic politics and as a work of political theory, A Dance offers a lens through which to interrogate founding within and beyond the postcolony. (shrink)

Are demands for equality motivated by envy? Nietzsche, Freud, Hayek, and Nozick all thought so. Call this the Envy Objection. For egalitarians, the Envy Objection is meant to sting. Many egalitarians have tried to evade the Envy Objection.. But should egalitarians be worried about envy? In this paper, I argue that egalitarians should stop worrying and learn to love envy. I argue that the persistent unwillingness to embrace the Envy Objection is rooted in a common misunderstanding of the nature of (...) the charge, what it reveals, and what can be said in response to it. I develop what Bernard Williams might call a vindicatory genealogy of envy, thereby allowing us to see that envy, rather than undermining egalitarian intuitions, can in fact play a distinct justificatory role (when it is fitting), which undermines the Envy Objection. (shrink)

Are workers dominated? A recent suite of neo-republican and relational egalitarian philosophers think they are. Suppose they are right; that is, suppose that some workers are governed by an unjust and arbitrary power existing in labour relations, which persists even in the presence of the actual ability to exit. My question is this: does that give us reason to impose restrictions on firms? According to the so-called Efficiency Objection there are relevant trade-offs that need to be considered between the efficiency (...) of firms and the freedom of workers, and upon considering these trade-offs, we should reject workplace democracy. In this paper, I present a dilemma for the Efficiency Objection. I argue that either the Efficiency Objection is justified on moral grounds or non-moral grounds; if the Efficiency Objection is justified on moral grounds, then it fails because efficiency cannot be valued for its own sake (it is only instrumentally good); if the Efficiency Objection is justified on non-moral grounds, then it fails because of the respect that we owe to persons as persons; therefore, the Efficiency Objection fails. (shrink)

In a recent paper published in this journal, Hughes (2019) has argued that Machery’s (2017) Dogmatism Argument is self-defeating. Machery’s (2019) reply involves giving the Dogmatism Argument an inductive basis, rather than a philosophical basis. That is, he argues that the most plausible contenders in the epistemology of disagreement all support the Dogmatism Argument; and thus, it is likely that the Dogmatism Argument is true, which gives us reason to accept it. However, Machery’s inductive argument defines the leading views in (...) terms of their citation counts. But there is no necessary connection between citation counts and truth; it is a truism that many highly cited papers over the past century have turned out to contain false arguments. This inductive information should lead Machery to revise his argument; what Machery (2019) owes—but has failed to provide—is a positive argument for ruling out another plausible contender that Hughes (2019) raises. Without such an account, Machery’s inductive case for the Dogmatism Argument fails. (shrink)