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Principlism, Uncodifiability, and the Problem of Specification

Published online by Cambridge University Press:  15 January 2024

Timothy J. Furlan*
Affiliation:
Burnett Family Distinguished Professor of Ethics, Director, Center for Ethical Leadership, University of St Thomas, 3800 Montrose Blvd, Houston, TX 77006, USA

Abstract

In this paper I critically examine the implications of the uncodifiability thesis for principlism as a pluralistic and non-absolute generalist ethical theory. In this regard, I begin with a brief overview of W.D. Ross’s ethical theory and his focus on general but defeasible prima facie principles before turning to 2) the revival of principlism in contemporary bioethics through the influential work of Tom Beauchamp and James Childress; 3) the widespread adoption of specification as a response to the indeterminacy of abstract general principles and the limitations of balancing and deductive approaches; 4) the challenges raised to fully specified principlism by the uncodifiability thesis and 5) finally offer a defense of the uncodifiability thesis against various critiques that have been raised.

Type
Research Article
Copyright
© The Author(s), 2024. Published by Cambridge University Press

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References

Notes

1. On the uncodifiability thesis see Dancy, J. On Moral Properties. Mind 1981;90:355–87Google Scholar; Dancy, J. Ethical particularism and morally relevant properties. Mind 1983;92:530–47CrossRefGoogle Scholar; Dancy, J. Defending particularism. Metaphilosophy 1999;30:2632 CrossRefGoogle Scholar; Dancy, J. On the logical and moral adequacy of particularism. Theoria 1999;65:144155 CrossRefGoogle Scholar; and Dancy, J. Ethics without Principles. Oxford: Oxford University Press; 2006 Google Scholar. For an overview of moral particularism see McNaughton, D. Moral Vision. London: Wiley-Blackwell Press; 1991 Google Scholar at Chapter 13; Sinnott-Armstrong, W. Some varieties of particularism. Metaphilosophy 1999;30:112 CrossRefGoogle Scholar; Bakhurst, D. Ethical particularism in context. In: Hooker, B, Little, M, eds. Moral Particularism, Oxford: Oxford University Press; 2000:157–77CrossRefGoogle Scholar; McKeever, S, Ridge, M. The many moral particularisms. Canadian Journal of Philosophy 2005;35:83106 CrossRefGoogle Scholar; Lance, M, Little, M. Defending moral particularism. In: Drier, J, ed. Contemporary Debates in Moral Theory. Malden, MA: Blackwell Publishing; 2006:303–21Google Scholar; Lance, M, Little, M. Particularism and anti-theory. In: Copp, D, ed. The Oxford Handbook of Ethical Theory. Oxford: University Press; 2007:567–94Google Scholar; Kirchin, S, Moral particularism: an introduction. Journal of Moral Philosophy 2007;4:815 CrossRefGoogle Scholar; and Flynn, J. Recent work: Moral particularism. Analysis 2010;70:140–8CrossRefGoogle Scholar. For critiques of the uncodifiability thesis see Crisp, R. Particularizing particularism. In: Hooker, B, Little, M, eds. Moral Particularism. Oxford: Oxford University Press; 2000; 2347 CrossRefGoogle Scholar; Jackson, F, Pettit, P, Smith, M. Ethical particularism and patterns. In: Hooker, B, Little, M, eds. Moral Particularism. Oxford: Oxford University Press; 2000:7999 CrossRefGoogle Scholar; and O’Neill, O. Practical principles & practical judgment. Hastings Center Report 2001;31:15–23. For an overview of different senses of holism see McKeever, S, Ridge, M. What does holism have to do with moral particularism? Ratio 2005;18(1):93103 CrossRefGoogle Scholar. For a defense of moral holism see Lechler, A. Do particularists have a coherent notion of a reason for action? Ethics 2012;122(4):763–72CrossRefGoogle Scholar. For a critique of strong holism see Crisp, R. Ethics without reasons? Journal of Moral Philosophy 2007;4:40–9CrossRefGoogle Scholar.

2. On Ross’s ethical theory see Philipps, DK. Rossian Ethics: W.D. Ross and Contemporary Ethical Theory. Oxford: Oxford University Press; 2019 CrossRefGoogle Scholar. For a good overview of British moral philosophy during this time see Hurka, T. British Ethical Theorists: From Sidgwick to Ewing. Oxford: Oxford University Press; 2018 Google Scholar.

3. As McNaughton and Rawling, point out, most and perhaps even all of Ross’s duties are actually versions of thick moral concepts, and I believe that this is also true of most other forms of principlism. McNaughton, D, Rawling, P. Unprincipled ethics. In: Hooker, B, Little, M, eds. Moral Particularism. Oxford: Oxford University Press; 2000: 266 Google Scholar. On the topic of thick notions see as well Williams, B. Ethics and the Limits of Philosophy. Cambridge, MA: Harvard University Press; 1985:4045 Google Scholar and Dancy, J. In defense of thick concepts. Midwest Studies in Philosophy 1995;20:263–79CrossRefGoogle Scholar. For a good collection of papers on the topic see Thick Concepts, ed. S. Kirchin (Oxford: Oxford University Press, 2013).

4. Hooker, B. Moral particularism: Wrong and bad. In: Hooker, B, Little, M, eds. Moral Particularism. Oxford: Oxford University Press; 2000 CrossRefGoogle Scholar:266. Shelly Kagan has also argued that Ross used prima facie with effectively the same meaning as pro tanto. See Kagan, S. The Limits of Morality. Oxford: Clarendon Press; 1989:17 Google Scholar. On the meaning and use of prima facie duties see Rights, Feinberg J., Justice, and the Bounds of Liberty. Princeton: Princeton University Press; 1980:226–29Google Scholar and Thomson, JJ. The Realm of Rights. Cambridge, MA: Harvard University Press; 1990:118–29Google Scholar.

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7. See note 1, Dancy 1983, at 542. Although Ross does seem to be a particularist in his epistemology, he apparently feels the need for a generalist metaphysical viewpoint, likely due to assumptions about the nature of moral rationality. If Dancy is correct here, and I think it likely that he is, then one important difference between Ross and contemporary principlists is that they tend to support a generalist epistemology and metaphysics, whereas Ross only supports a generalist metaphysics.

8. Richardson HS. Specifying norms as a way to resolve concrete ethical problems. Philosophy and Public Affairs 1990;19:287. On the role and limits of intuitionism in the principlism of Beauchamp and Childress see Lustig, A. The method of Principlism: A critique of the critique. Journal of Medicine and Philosophy 1992;17(5):487510 CrossRefGoogle ScholarPubMed.

9. Although the traditional reading of Ross is that such self-evident principles are used to justify case-decisions, there are some occasions in his later work where he appears to makes different claims. For example, at one point Ross states: “when I reflect on my own attitude towards particular acts, I seem to find that it is not by deduction but by direct insight that I see them to be right or wrong. I never seem to be in the position of not seeing directly the rightness or a particular act of kindness, for instance, and of having to read this off from a general principle—‘all acts of kindness are right, and therefore this must be, though I cannot see its rightness directly.’” See Ross, WD. The Foundations of Ethics. Oxford: Clarendon Press; 1939:171 Google Scholar. Ross does go on to suggest that in exceptional circumstances principles do play an epistemological role but his general viewpoint here belies the claim that principles are typically justificatory. Ross also makes the related claim that we apprehend self-evident principles from self-evident acts. See Ross, W.D. The Right and the Good. Oxford: Clarendon Press; 1930:33 Google Scholar. These suggestions that individual acts can be both self-evident and justified without the use or need of principles are contrary to his earlier, and arguably overall, emphasis on principles as being both foundational and justificatory. I raise this point to suggest that, although Ross is typically viewed as being opposed to particularism, there are possible readings of him that are essentially particularist in nature.

10. The seeds for this approach arguably arose out of their participation in the Belmont Commission which resulted in the Belmont Report in 1978. On the Belmont Report see The Belmont Revisited: Ethical Principles for Research with Human Subjects. eds. Childress, James F., Meslin, Eric M., and Shapiro, Harold T.. Washington DC: Georgetown University Press; 2005 Google Scholar; Beauchamp, TL. The origins and drafting of the Belmont report. Perspectives in Biology and Medicine 2020;63(2):240–50CrossRefGoogle ScholarPubMed; Nagai, H, Nakazawa, E, Akabayashi, A. The creation of the Belmont report and its effect on ethical principles: A historical study. Monash Bioethics Review 2022:40:157–70CrossRefGoogle ScholarPubMed. For a critique of the discipline of applied ethics as it emerged during this time see MacIntyre, A. Does applied ethics rest on a mistake? Monist 1984;67(4):498513 CrossRefGoogle Scholar. On the development of principlism see Evans, JH. A sociological account of the growth of Principlism. Hastings Center Report 2000;30:3138 CrossRefGoogle ScholarPubMed and Callahan, D. Universalism and particularism: Fighting to a draw. Hastings Center Report 2000;30:3744 CrossRefGoogle ScholarPubMed. For a helpful history of the origins and development of the field see Pellegrino, E. The metamorphosis of medical ethics: A 30 year perspective. JAMA 1993;269:1158–62CrossRefGoogle Scholar; Jonsen, A. The Birth of Bioethics. New York: Oxford University Press; 2008 Google Scholar; and Callahan, D. In Search of the Good: A Life in Bioethics. Cambridge, MA: MIT Press; 2012 CrossRefGoogle Scholar.

11. See Beauchamp, TL, Childress, JF. The Principles of Biomedical Ethics. 8th ed. New York: Oxford University Press; 2019 Google ScholarPubMed.

12. It is important to note that there are different variations of principlism, with the most obvious difference between them being the number and understanding of principles that they support. For example, Pellegrino and Thomasma support a single-principle theory that emphasizes beneficence, although respect for autonomy and other goods are subsumed under beneficence. See Pellegrino, E, Thomasma, D. For the Patient’s Good: The Restoration of Beneficence in Health Care. New York: Oxford University Press; 1988 Google Scholar. Tristam Engelhardt supports a two-principle theory emphasizing autonomy and beneficence with priority given to autonomy. See Engelhardt, TH. The Foundations of Bioethics. 2nd ed. New York: Oxford University Press; 1996 CrossRefGoogle Scholar at Chapter 2. More recently, David DeGrazia and Joseph Millum have also defended a two principle approach emphasizing well-being and respect. See DeGrazia, D, Millum, J. A Theory of Bioethics. Cambridge: Cambridge University Press; 2021 CrossRefGoogle Scholar. Baruch Brody’s pluralistic theory focuses on five right-making characteristics: consequences, rights, respect for persons, virtues, and a fifth appeal that includes not only justice but also cost-effectiveness. Brody, B. Life and Death Decision Making. New York: Oxford University Press; 1988:1748 Google Scholar. Robert Veatch also supports a principlist viewpoint which has roughly 7 basic principles. See Veatch, R. Resolving conflicts among principles: Ranking, balancing, and specifying. Kennedy Institute of Ethics Journal 1995;5:199218 CrossRefGoogle ScholarPubMed. Bernard Gert, R. M. Green, and Charles Clouser support a theory with 10 basic principles. See Gert, B, Green, RM, Clouser, KD. The method of public morality versus the method of Principlism. Journal of Medicine and Philosophy 1993;18:477–89Google Scholar. The new natural law theory of Germain Grisez, John Finnis, and Joseph Boyle also supports 10 basic goods. See Grisez, G, Finnis, J, and Boyle, J. Practical principles, moral truth, and ultimate ends. American Journal of Jurisprudence 1987;32(1):99151 CrossRefGoogle Scholar and Finnis, J. Natural Law and Natural Rights. 2nd ed. Oxford: Oxford University Press; 2011 Google Scholar, and Tollefsen, C, Curlin, F. The Way of Medicine: Ethics and the Healing Profession. South Bend: University of Notre Dame Press; 2021 Google Scholar at Chapter 2. For a good overview see Veatch, R. Reconciling lists of principles in bioethics. Journal of Medicine and Philosophy 2020;45(5):540–59CrossRefGoogle ScholarPubMed.

13. For a defense of common morality see Donagan, A. The Theory of Morality. Chicago: University of Chicago Press; 1977 CrossRefGoogle Scholar; Beauchamp, TL. A defense of the common morality. Kennedy Institute of Ethics Journal 2003;13(3):259–74CrossRefGoogle ScholarPubMed; DeGrazia, D. Common morality, coherence, and the principles of biomedical ethics. Kennedy Institute of Ethics Journal 2003;13:219–30CrossRefGoogle ScholarPubMed; Gert, B. Morality: Its Nature and Justification. New York: Oxford University Press; 2006:159–61Google Scholar, 246–7; Gert B, Culver C, Danner Clouser K. Bioethics: A Return to Fundamentals. 2nd ed. New York: Oxford University Press; 2006; and Gert, B. Common Morality: Deciding What To Do. New York: Oxford University Press; 2007 Google Scholar. For a critique of common morality see Strong, C. Is there no common morality? Medical Humanities Review 1997;11:3945 Google ScholarPubMed; Arras, J. The Hedgehog and the Borg: Common morality in bioethics. Theoretical Medicine and Bioethics 2009;30:1130 CrossRefGoogle ScholarPubMed; Engelhardt, TH. Bioethics critically considered: Living after foundations. Theoretical Medicine and Bioethics 2012;33(1):97105 CrossRefGoogle Scholar; Hodges, K, Sulmasy, D. Moral status, justice, and the common morality: Challenges for the principlist account of moral change. Kennedy Institute of Ethics Journal 2013;23:275–96CrossRefGoogle ScholarPubMed; Kukla, R. Living with Pirates: Common morality and embodied practice. Cambridge Quarterly of Healthcare Ethics 2014;23:7585 CrossRefGoogle ScholarPubMed; Arras, J. A common morality for Hedgehogs: Bernard Gert’s method. In: Arras, J, ed. Methods in Bioethics: The Way We Reason Now. New York: Oxford University Press; 2017: 2744 CrossRefGoogle Scholar and Bautz, B. What is the common morality, really? Kennedy Institute of Ethics Journal 2016;26:2945 CrossRefGoogle Scholar. For a recent response see Beauchamp, TL, Childress, JF. Common morality principles in biomedical ethics: Responses to critics. Cambridge Quarterly of Healthcare Ethics 2002;31(2):164–76Google Scholar.

14. On the application of principlism to particular bioethical dilemmas see Beauchamp, TL. Methods and principles in biomedical ethics. Journal of Medical Ethics 2003;29(5):269–74CrossRefGoogle ScholarPubMed and Gordon, JS, Rauprich, O, Vollman, J. Applying the four principle approach. Bioethics 2011;25:293300 CrossRefGoogle ScholarPubMed.

15. As Beauchamp notes, “our appeal has been to common morality as the base account, not to an ethical theory, which we have avoided altogether.” See Beauchamp, TL. Reply to strong on principlism and casuistry. Journal of Medicine and Philosophy 2000;25:342–47CrossRefGoogle ScholarPubMed. On this point see as well Beauchamp, TL. Does ethical theory have a future in bioethics? Journal of Law, Medicine, and Bioethics 2004;32:209–17Google ScholarPubMed and Iltis, A. Bioethics as methodological case resolution: Specification, specified principlism, and casuistry. Journal of Medicine and Philosophy 2000;25:271–84CrossRefGoogle ScholarPubMed. For a critique of principlism as lacking a substantive theory of goodness see Callahan, D. Principlism and communitarianism. Journal of Medical Ethics 2003;29(5):287–91CrossRefGoogle ScholarPubMed and Shea, M. Principlism’s balancing act: Why the principles of biomedical ethics need a theory of the good. Journal of Medicine and Philosophy 2020;45:441–70CrossRefGoogle Scholar.

16. See note 12, Veatch, 1995, at 210.

17. Rawls, J. A Theory of Justice revised edition. Cambridge, MA: Harvard University Press; 1999:1920 CrossRefGoogle Scholar.

18. See note 12, Engelhardt, 1996, at 102–20.

19. Gert B, Green R, Clouser KD. The method of public morality versus the method of principlism, pp. 219–36. On this point see as well Beauchamp, TL. Principlism and its alleged competitors. Kennedy Institute of Ethics Journal 1995;5(3):181–98CrossRefGoogle ScholarPubMed and Davis, R. The principlism debate: A critical overview. Journal of Medicine and Philosophy 1995;20:85105 CrossRefGoogle ScholarPubMed. For a critique of the practicality of Gert’s method see Strong, C. Gert’s moral theory and its application to bioethics cases. Kennedy Institute of Ethics Journal 2005;16(1):3958 CrossRefGoogle Scholar.

20. See note 12, Veatch, 1995, at 216. In this regard, Philippa Foot has proposed a similar ranking with non-consequentialist considerations being given precedence. See Foot, P. The problem of abortion and the doctrine of double effect. Oxford Review 1967;5:515 Google Scholar.

21. Beauchamp, TL. The role of principles in practical ethics, 80. In Sumner, LW, Boyle, J. (eds.) Philosophical Perspectives on Bioethics. Toronto: University of Toronto Press; 1996 Google Scholar. In the latest edition of the Principles of Biomedical Ethics, Beauchamp and Childress define principles as “general norms derived from the common morality that form a suitable starting point for reflection on moral problems in biomedical ethics.” See note 11, Beauchamp and Childress, 2019, at 13. For a good collection of Beauchamp’s work on principles as well as a broader series of theoretical issues in contemporary bioethics see Beauchamp, TL. Standing on Principles: Collected Essays. New York: Oxford University Press; 2010 Google Scholar.

22. See note 21, Beauchamp, 1996, at 81.

23. See note 21, Beauchamp, 1996, at 81.

24. In fact, Beauchamp specifically claims that prima facie principles “are entirely compatible with casuistry.” See note 21, Beauchamp, 1996, at 89. For a comparison of casuistry and principlism see Kuczewski M. Casuistry and Principlism: The convergence of method in biomedical ethics. Theoretical Medicine and Bioethics 1998;6:509–24. For a critique of casuistry from the perspective of moral particularism see Kaebnick, G. On the intersection of casuistry and moral particularism. Kennedy Institute of Ethics Journal 2000;10(4):307–22CrossRefGoogle ScholarPubMed.

25. See note 21, Beauchamp, 1996, at 84.

26. See note 21, Beauchamp, 1996, at 84.

27. See note 21, Beauchamp, 1996, at 84.

28. See note 21, Beauchamp, 1996, at 84.

29. See note 21, Beauchamp, 1996, at 84.

30. See note 21, Beauchamp, 1996, at 84.

31. See note 21, Beauchamp, 1996, at 84.

32. Jonsen, A, Toulmin, S. The Abuse of Casuistry. Berkeley: University of California Press; 1988:250–57Google Scholar. On this point see as well Jonsen, AR. Case analysis in clinical ethics. Journal of Clinical Ethics 1990;1:6365 CrossRefGoogle ScholarPubMed; Jonsen, AR. Of balloons and bicycles: Or the relationship between ethical theory and practical judgment. Hastings Center Report 1991;21:1416 CrossRefGoogle ScholarPubMed and Jonsen, AR. Casuistry as methodology in clinical judgment. Theoretical Medicine and Bioethics 1991;12:295307 CrossRefGoogle Scholar.

33. As Margaret Little notes, “A set of features that in one context makes an action cruel can in another [context] carry no such import; the addition of another detail can change the meaning of the whole… Natural features do not always ground the same moral import, which then goes into the hopper to be weighed against whatever other independent factors happen to be present. The moral contribution they make on each occasion is holistically determined: it is itself dependent… on what other non-moral features are present or absent.” Little M. Wittgensteinian lessons on moral particularism. In: Elliot, C. ed. Slow Cures and Bad Philosophers: Essays on Wittgenstein, Medicine, and Bioethics. Durham, NC: Duke University Press; 2001:165.

34. Dancy, J. Moral Reasons. Oxford: Wiley-Blackwell Press; 1993:67 Google Scholar. As a result, “we cannot judge the effect of the presence of any one feature in isolation from the effect of the others. Whether or not one particular property is morally relevant, and in what way, may depend on the precise nature of the other properties of the action.” See note 1, McNaughton, 1991, at 193.

35. Jonsen AR. Strong on specification. Journal of Medicine and Philosophy 2000;25:353.

36. See note 8, Richardson, 1990, at 279. On this topic see as well his later article Richardson, HS. Specifying, balancing, and interpreting bioethical principles. Journal of Medicine and Philosophy 2000;25:285307 CrossRefGoogle ScholarPubMed.

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39. See note 8, Richardson, 1990, at 295–96.

40. See note 11, Beauchamp and Childress, 2019, at 17. Richardson gives the example of the norm that “one should not directly kill innocent persons” can, upon reflection, be specified into the norm that: it is generally wrong to directly kill innocent human beings who have attained self-consciousness, and generally wrong directly to kill human beings with the genetic potential to develop self-consciousness who would not be better-off dead, but it is not generally wrong directly to kill human beings who meet neither of these criteria. See note 8, Richardson, 1990, at 304.

41. Not all interpreters of principlism agree that it is an anti-deductivist theory. Van der Steen and Borden, for example, argue that principlism is deductive in that, although principles arise from cases, they can be deductively (even if post hoc) applied back to cases, either the original cases, or to new ones. See van der Steen WJ. 1995. Facts, Values, and Methodology: A New Approach to Ethics, 63. Amsterdam-Atlanta, GA, Borden, SL. Character as a safeguard for journalists using case-based ethical reasoning. International Journal of Applied Philosophy 1999;13:93104.Google Scholar

42. Richardson does not totally avoid balancing, but he severely limits its role, allowing it only minor leeway to function at more theoretical levels. However, even this limited reliance upon balancing is not entirely uncontroversial. For example, Veatch claims that “if principles are to be balanced, no norm can successfully be specified.” See note 12, Veatch, 1995, at 216. Here he appears to be suggesting that even theoretical balancing will be impacted as a result of context-changes, and this ever-changing balance prevents any concrete specification.

43. See note 8, Richardson, 1990, at 294.

44. See note 11, Beauchamp and Childress, 2019, at 19.

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46. See note 35, Jonsen, 2000, at 359.

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52. In the same chapter, Hart argues that the uncertainly arising from the open texture of rules can also push one towards rule skepticism. Particularism would be seen by many as the perfect example of this result. However, I think that Hart’s stance is ultimately very similar to a more moderate form of particularism. Hart argues that neither rule-formalism nor rule-skepticism is correct, but rather some position between the two, with both case-experience and rules needed for concrete action guidance.

53. Strong makes a similar point in his article on specified principlism. See note 47, Strong, 2000.

54. See note 12, Veatch, 1995, at 216.

55. Beauchamp and Childress attempt to address this problem by linking specification to Rawls’s method of reflective equilibrium. See note 11, Beauchamp and Childress, 2019, at 456–57. As Arras argues, a serious problem here is that appeals to reflective equilibrium as a form of justification in bioethics often “devolve into the truism that the best method requires the careful rational assessment of all the relevant philosophical arguments bearing on a subject and assessing them on their merits…. Here wide reflective equilibrium appears to be more a rather massive effort of hand waiving than a precise road map to moral justification.” See Arras, JD. Methods in bioethics: The way we reason now. New York: Oxford University Press; 2019:188 Google Scholar.

56. See note 36, Richardson, 2000, at 289.

57. See note 36, Richardson, 2000, at 289.

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61. McDowell J. Virtue and reason. In: McDowell J. ed. Mind, Value, and Reality. Cambridge MA: Harvard University Press; 1998:58.

62. On this point see as well Raz, J. The truth in particularism. In: Hooker, B, Little, M, eds. Moral Particularism. Oxford: Oxford University Press; 2000:69 Google Scholar. In this regard, Noam Chomsky has argued that a competent speaker is able to produce a potentially infinite number of correct sentences including sentences that have never been uttered in that language previously. See Chomsky, Noam. Syntactic Structures. London: Mouton & Co Press; 1957:13 CrossRefGoogle Scholar.

63. I would agree with Aristotle that there are some acts that we can never countenance or consider morally acceptable. Murder, sexual assault, slavery, torture, and cruelty for sadistic pleasure are examples of such acts. As Elizabeth Anscombe famously states, albeit in reference to utilitarianism, if anyone really questions whether certain depraved or vicious acts might be allowable, they show “a corrupt mind,” and it seems that to avoid this charge particularists must support some general principles universally condemning certain actions. Anscombe, E. Modern moral philosophy. Philosophy 1858;33:119 Google Scholar. For a helpful exegesis of Anscombe’s critique and especially how it relates to Aristotle’s critique of the “depraved person” (akolastos) who acts contrary to correct moral principles without experiencing moral reservations, conflict, or regret see Flannery, K. Anscombe and aristotle on corrupt minds. Christian Bioethics 2008;14:151–64CrossRefGoogle Scholar. In response to criticism, Dancy has acknowledged that could be a few invariant generalities such as purposefully inflicting undeserved pain is always wrong. Dancy, J. The particularist’s progress. In: Hooker, B, Little, M, eds. Moral Particularism. Oxford: Oxford University Press; 2000:131 Google Scholar.

64. See Arras, JD. Getting down to cases: The revival of casuistry in bioethics, reprinted in Methods in Bioethics: The Way We Reason Now . New York: Oxford University Press; 2018:58 Google Scholar.

65. Sinnot-Armstrong, Some Varieties of Particularism, pp. 6–8. On this point see as well Bakhurst, D. Moral particularism: Ethical not metaphysical? Thinking about Reasons: Themes from the Philosophy of Jonathan Dancy . Oxford: Oxford University Press; 2013 CrossRefGoogle Scholar.

66. See note 1, Jackson, Petit, and Smith, 2000, at 85.

67. On this point see Wildes, KWM. Moral Acquaintances: Methodology in Bioethics. South Bend: University of Notre Dame Press Google Scholar; at Chapter 3.

68. Plato, Parmenides 126a-134e. On the third man argument see as well Fine G. Third man arguments. In: On Ideas: Aristotle’s Criticism of Plato’s Theory of Forms. Oxford: Clarendon Press; 1996:at Chapter 15.

69. Aristotle defines practical wisdom as “a true and reasoned state of capacity to act with regard to the things that are good or bad for man. See Aristotle Nicomachean Ethics 1140b5. On this point see Schwartz, B, Sharpe, K. Practical Wisdom: The Right Way to do the Right Thing. New York: Riverhead Books; 2011 Google Scholar; Russell, D, Practical Intelligence and the Virtues. Oxford: Oxford University Press; 2012 Google Scholar; and Reeve, CDC. Aristotle on Practical Wisdom: Nicomachean Ethics VI. Cambridge, MA: Harvard University Press; 2013 CrossRefGoogle Scholar.

70. See note 11, Beauchamp and Childress, 2019, at 10–12. In this regard, there is a need for further work on moral dilemmas and how one might know when to abandon the project of specification (and balancing) in the face of irresolvable moral dilemmas. On this point see as well Demarco, JP. Principlism and moral dilemmas: A New Principle. Journal of Medical Ethics 2005;31:101–105. For a good collection of articles on the topic see Moral Dilemmas and Moral Theory. Ed. Mason, H.E. New York: Oxford University Press; 1996.

71. I would argue that non-absolute or exceptionable principles can still account for moral holism. That is, generalists in this more moderate sense can accept the particularist viewpoint that the valence of a moral property is contextualized. Non-universal but still general ethical principles could be used as justificatory grounds for relevant decisions by either explaining how the valences of moral properties change in different contexts, or by excluding variant-causing contexts from their justificatory sphere.

72. See note 1, O’Neill, 2001, at 18 and note 1, Crisp, 2000, Particularizing Particularism at 32.

73. See note 1, Crisp, 2000, at 28–29.

74. See Sidgwick H. The Methods of Ethics, 7th ed. Indianapolis: Hackett Publishers; 1981:11. On Sidgwick see Schultz, B. Henry Sidgwick: The Eye of the Universe. Cambridge: Cambridge University Press; 2004 CrossRefGoogle Scholar; Phillips, DK. Sidgwickian Ethics. Oxford: Oxford University Press; 2011 CrossRefGoogle Scholar; and Crisp, R. The Cosmos of Duty: Henry Sidgwick’s Methods of Ethics. Oxford: Oxford University Press; 2017 Google Scholar.

75. See note 1, Jackson, Petit, and Smith, 2000, at 83–88.

76. See note 1, Jackson, Petit, and Smith, 2000, at 85.

77. See note 1, Jackson, Petit, and Smith, 2000, at 88.

78. See note 1, Jackson, Petit, and Smith, 2000, at 88.

79. Kirchin, S. Particularism, generalism, and the counting argument. European Journal of Philosophy 2003;11: 68–9CrossRefGoogle Scholar; note 15.

80. See note 69, Kirchin, 2003, at 69.

81. For example, in clinical medicine many “principles” are actually guidelines that are known to have exceptions that must be evaluated on a case-by-case basis. Thus, the guideline “splint fractured bones” is a very useful generality, and one which is clear and easy to teach and follow. If a doctor universally followed this principle, he or she would be performing the right action most of the time. In fact, if a doctor followed this principle absolutely, they still would be fairly adequate, perhaps even average, at their craft. However, absolute and rigid obedience to this rule would not be helpful to some patients, and could even severely harm other patients. The mature practically wise physician who has a true understanding of his or her craft realizes the useful exceptions to this principle through prior experience and by evaluating its connection to other generalities, such as “preserve blood flow to extremities” and “lungs need adequate room for expansion to prevent collapse.” It is interesting to note how the concepts of virtue and practical wisdom become increasingly prevalent in successive editions of Beauchamp and Childress’s Principles of Biomedical Ethics. On this point see especially the section on discernment in Chapter 2, pp. 39–40.