First published in 1959, this original study argues that the main characteristic of music is that it expresses and evokes emotion, and that all composers whose music has a tonal basis have used the same, or closely similar, melodic phrases, harmonies, and rhythms to affect the listener in the same ways. He supports this view with hundreds of musical examples, ranging from plainsong to Stravinsky, and contends that music is a language in the specific sense that we can identify idioms (...) and draw up a list of meanings. The book's final section analyzes two symphonies, Mozart's Fortieth and Vaughan Williams's Sixth, to explore the nature of musical inspiration and the process whereby the notes actually convey emotion from composer to listener. (shrink)

This volume collects six original essays by internationally respected researchers who have devoted themselves to the study of legal obligation. It brings together works that innovatively address key dimensions of the current debates concerning legal obligation from different and, in some cases, even opposing theoretical perspectives. As a result, the collection offers a comprehensive discussion of legal obligation that promises to significantly advance our understanding of the obligatory dimension of law. What specifically connects the contributions gathered here is one common (...) thread: coming to terms with a notion – legal obligation – that is of both practical and theoretical importance. On the one hand, it is widely regarded as a fundamental legal concept by legal practitioners and laypeople alike, as not only judges, prosecutors, lawyers, and juries but also ordinary citizens make extensive use of obligation-related terms and discourses. On the other hand, the notion of legal obligation is of paramount significance for the theory of law. Indeed, even legal theorists who, quite understandably, refuse to reduce the law to a mere obligation-imposing device and opt instead for a view in which the normative dimension of the law also encompasses powers, rights, permissions, privileges and immunities, duly acknowledge the centrality of legal obligation for the understanding and conceptualisation of law. Hence the importance of the treatments presented in this volume. (shrink)

On the premise that ‘morality’ refers to a system of rules governed by a material categorical imperative, I argue that the sources thesis of legal positivism (and, consequently, its separation thesis) is untenable. This is because it portrays legal obligations as hypothetical imperatives, which they cannot be if a material categorical imperative exists. Legal systems lay down obligation-asserting rules; but any rules are necessarily invalid if they require behaviour contrary to a material categorical imperative. Because the sources thesis attests otherwise, (...) legal positivism presupposes, minimally, that a material categorical imperative cannot be known to exist. I argue, however, that human agents cannot coherently question that a material categorical imperative exists. By definition, they necessarily adopt hypothetical imperatives. But understanding the concept of a hypothetical imperative requires the concept of a categorical imperative to be understood, and understanding having the concept of a categorical imperative postulates that there can be only one categorical imperative, that it exists, and that it is Alan Gewirth’s Principle of Generic Consistency (PGC). This argument only fails if the concept of a categorical imperative is incoherent. In all of this, I follow Kant, except about the material content of the categorical imperative and the nature of free will. (shrink)

In the introductory essay, the editors will provide an overview of the debates on legal obligation the contributions of this volume directly engage with.

The concept of human dignity is increasingly invoked in bioethical debate and, indeed, in international instruments concerned with biotechnology and biomedicine. While some commentators consider appeals to human dignity to be little more than rhetoric and not worthy of serious consideration, the authors of this groundbreaking new study give such appeals distinct and defensible meaning through an application of the moral theory of Alan Gewirth.

Alan Gewirth's Reason and Morality , in which he set forth the Principle of Generic Consistency, is a major work of modern ethical theory that, though much debated and highly respected, has yet to gain full acceptance. Deryck Beyleveld contends that this resistance stems from misunderstanding of the method and logical operations of Gewirth's central argument. In this book Beyleveld seeks to remedy this deficiency. His rigorous reconstruction of Gewirth's argument gives its various parts their most compelling formulation and (...) clarifies its essential logical structure. Beyleveld then classifies all the criticisms that Gewirth's argument has received and measures them against his reconstruction of the argument. The overall result is an immensely rich picture of the argument, in which all of its complex issues and key moves are clearly displayed and its validity can finally be discerned. The comprehensiveness of Beyleveld's treatment provides ready access to the entire debate surrounding the foundational argument of Reason and Morality . It will be required reading for all who are interested in Gewirth's theory and deontological ethics and will be of central importance to moral and legal theorists. (shrink)

The passion of inequality exists in the discourse that binds people by their adhesion to the beliefs about the hierarchic distribution of positions in society. In this manner the differences that structure the (apparently) natural titles to be governed or to govern are put in a state of aggregation. The apparent naturalness of these titles masks a principle of equality, a necessary artifact that breaches the nature of the social bond. This article argues that despite the hegemonic pressure of inequality, (...) the situation of apprenticeship can contain events of emancipation. For this, the 'master' must articulate two complementary artifacts in his relation with his apprentice. First, he must occupy a posture of ignorance. Second, he must ascribe priority to the object to be known or listened to (the text, the words ...) in such a way that a connection is made between the intelligences that he is interrogating and, thus, that their equality is verified. (shrink)

The passion of inequality exists in the discourse that binds people by their adhesion to the beliefs about the hierarchic distribution of positions in society. In this manner the differences that structure the (apparently) natural titles to be governed or to govern are put in a state of aggregation. The apparent naturalness of these titles masks a principle of equality, a necessary artifact that breaches the nature of the social bond. This article argues that despite the hegemonic pressure of inequality, (...) the situation of apprenticeship can contain events of emancipation. For this, the ‘master’ must articulate two complementary artifacts in his relation with his apprentice. First, he must occupy a posture of ignorance. Second, he must ascribe priority to the object to be known or listened to (the text, the words...) in such a way that a connection is made between the intelligences that he is interrogating and, thus, that their equality is verified. (shrink)

This chapter contains sections titled: Introduction: The Elite and its ‘Other’ The Artifact as Subversive Necessity Teaching Practices and Equality Conclusions Notes References.

L'étude de l'élaboration historique du dogme du péché originel est propre à dissiper l'illusion qu'il descendrait le cours du temps : il le remonte en réalité. On l'observe en particulier dans la genèse de ce concept chez Augustin, en réponse à la doctrine manichéenne du mal: la rédemption du Christ reflue vers les origines de l'humanité pour dévoiler notre responsabilité de la faute sous le pardon divin qui la recouvre. Ce dogme fournit une clef de lecture de l'histoire, il montre (...) la présence active de l'amour et du pardon aux origines du temps, pour dénoncer et réprimer la violence des hommes ; il conteste l'inertie du temps par la profusion du pardon, il exprime un sens de l'existence, il enseigne une intelligence de la temporalité.Le cas du péché originel illustre le fonctionnement du dogme en général dans la culture, bien au-delà de la sphère de l'Église, son rôle à la fois révélateur, contestant et régulateur. Encore faut-il savoir interpréter les dogmes, à la façon des mythes fondateurs, c'est-à-dire en tant qu'ils relèvent d'une logique symbolique, d'un langage narratif. La contemporanéité du Concile de Trente et du style baroque illustre également l'inscription du dogme dans la culture: le foisonnement des ornementations périphériques ne doit pas détourner le regard du centre de l'architecture, qui est la figure du Christ.The study of the historical development of the dogma of original sin is enough to dissipate the illusion that it descended tbrough time : as a matter of fact it reascended. In particular we see this in the birth of the concept, in Augustine’s answer to the Manichaean doctrine of evil: the redemption of Christ flows back towards the origins of humanity to unveil our responsability for the fault, which is covered over by the divine pardon. This dogma gives a key for reading bistory. It shows the active presence of love and forgiveness from the beginning of time, which denounces and represses the violence of men. It contests the inertia of time by the profusion of forgiveness, it expresses a sense to existence, and it teaches an understanding of temporality.The case of original sin illustrates the functioning in culture of dogma in general, well beyond the spbere of the Cburch, and its role both as revealer, contestant, and regulator. But it is still necessary to know how to interpret dogmas, in the fashion of foundation myths, that is to, say in so far as they are based on a symbolic logic of a narrative language. Tbe contemporaneousness of the Concil of Trent and the baroque style equally show the inscription of dogma in culture: the multiplication of peripberal ornaments ougbt not to turn our look away from the center of the architecture, which is the figure of Christ. (shrink)

In a community that takes rights seriously, consent features pervasively in both moral and legal discourse as a justifying reason: stated simply, where there is consent, there can be no complaint. However, without a clear appreciation of the nature of a consent-based justification, its integrity, both in principle and in practice, is liable to be compromised. This book examines the role of consent as a procedural justification, discussing the prerequisites for an adequate consent -- in particular, that an agent with (...) the relevant capacity has made an unforced and informed choice, that the consent has been clearly signalled, and that the scope of the authorisation covers the act in question. It goes on to highlight both the Fallacy of Necessity (where there is no consent, there must be a wrong) and the Fallacy of Sufficiency (where there is consent, there cannot be a wrong). Finally, the extent to which the authority of law itself rests on consent is considered. If the familiarity of consent-based justification engenders confusion and contempt, the analysis in this book acts as a corrective, identifying a range of abusive or misguided practices that variously under-value or over-value consent, that fictionalise it or that are fixated by it, and that treat it too casually or too cautiously. In short, the analysis in Consent in the Law points the way towards recognising an important procedural justification for precisely what it is as well as giving it a more coherent application. (shrink)

The philosophical debate about the concept of Law is dominated by two traditions: Legal Positivism and Natural-Law Theory. Within Anglo-American Jurisprudence, Legal Positivism is unquestionably the more popular approach. Whilst in recent years there have been a number of assaults upon this ruling view, opposition to Legal Positivism is still very much at the margins of contempory Jurisprudence, The authors of this major work argue, however, that Legal Positivism should be rejected, contending that it is incorrect not in some minor (...) detail but in what they take to be its central tenet, the thesis that the concept of law is morally neutral. Their contention amounts to a rejection of Legal Positivism in favour of Natural-Law Theory. Law as a Moral Judgment is an important and controversial contribution to Jurisprudence. It puts forward a coherent and well argued case which will have to be answered by those of opposed opinion. (shrink)

Alan Gewirth's _Reason and Morality_, in which he set forth the Principle of Generic Consistency, is a major work of modern ethical theory that, though much debated and highly respected, has yet to gain full acceptance. Deryck Beyleveld contends that this resistance stems from misunderstanding of the method and logical operations of Gewirth's central argument. In this book Beyleveld seeks to remedy this deficiency. His rigorous reconstruction of Gewirth's argument gives its various parts their most compelling formulation and clarifies (...) its essential logical structure. Beyleveld then classifies all the criticisms that Gewirth's argument has received and measures them against his reconstruction of the argument. The overall result is an immensely rich picture of the argument, in which all of its complex issues and key moves are clearly displayed and its validity can finally be discerned. The comprehensiveness of Beyleveld's treatment provides ready access to the entire debate surrounding the foundational argument of _Reason and Morality_. It will be required reading for all who are interested in Gewirth's theory and deontological ethics and will be of central importance to moral and legal theorists. (shrink)

Christine Korsgaard claims that Gewirth’s argument for morality fails to demonstrate that there is a categorically binding principle on action because it operates with the assumption that reasons for action are essentially private. This attribution is unfounded and Korsgaard’s own argument for moral obligation, in its appeal to Wittgenstein’s Private Language Argument to establish that reasons for action are essentially public, is misdirected and unnecessary. Gewirth’s attempt to demonstrate a strictly a priori connection between a moral principle and the concept (...) of being an agent as such is essentially Kantian, and recognizing that the Principle of Hypothetical Imperatives is categorically binding requires Kantians to accept that Gewirth’s Principle of Generic Consistency is the supreme practical principle. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:FDA Releases Draft Guidance on Regulation of Genetically Engineered AnimalsJohn P. Gluck (bio) and Mark T. Holdsworth (bio)On 18 September 2008, the U.S. Food and Drug Administration (FDA) issued a draft set of guidelines for those involved in developing genetically engineered animals with heritable recombinant DNA (rDNA) constructs and is requesting comment from industry and the public about their content. The document does not impose new regulations but (...) details how existing laws and regulations apply to genetically engineered (GE) animals and offers advice to developers on how to negotiate the laws in the most efficient and productive manner. The draft guidance document is not legally enforceable at this juncture, but the guidelines are recommendations reflecting the FDA's "current thinking on a topic."The modification of GE animals being developed for commercialization, which are the focus of the document, fall into six categories: modifications intended to (1) enhance food quality—e.g., faster growing fish and meats with better nutritional profiles; (2) improve animal health via increased resistance to disease—e.g., mastitis in dairy cattle and Bovine Spongiform Encephalopathy (BSE); (3) create so-called "biopharm" animals capable of producing therapeutic products such as insulin, clotting factors, and tissues for human transplantation; (4) reduce the barriers to human animal interaction—e.g., hypoallergenic pets; (5) develop valid animal models of human disease—e.g., Parkinson's disease, Lesh-Nyhan's syndrome, and cancer; and (6) improve production of industrial or consumer products such as fiber. The timing of the guidelines coincides with the FDA's belief in an expected boon in the number of GE animals approaching the stage of commercialization.The FDA's involvement in the approval process emerges from the new animal drug provisions of the Federal Food Drug and Cosmetic Act and the definition of what constitutes a drug. The Act defines a new animal drug as "an article (other than food) intended to affect the structure or any function of the body of... animals." A rDNA construct intended to affect the structure or function of an animal meets the definition of a new animal drug, regardless of whether the resulting GE animals are intended for human food or the production of pharmaceuticals or any other substances. [End Page 393]Before proceeding to a review of the draft guidelines, it is important briefly to set the controversies around GE animals in historical and ethical context.The Ethical DebateFrom its inception, the intentional genetic modification or genetic engineering of molecules, plants, and animals by the techniques of gene splicing has consistently elicited strong responses from both the scientific community and the public. There are some data to suggest that although the concerns of scientists fall primarily into the category of possible biohazards, those of the public also reflect great concern about the intrinsic moral issues, such as whether there is something fundamentally wrong with this line of work, making it a form of forbidden knowledge (see, e.g., Gaskell 1997). When news of Paul Berg's attempts in 1970 to graft the primate tumor virus (SV 40) onto the intestinal tract bacteria Escherichia coli for the purpose of studying how normal cells may be transformed into cancerous cells was shared with colleagues, he was strongly encouraged to reflect on the potential public health risks if somehow the altered bacteria broke containment and entered the environment. Thanks to Berg's leadership, these concerns soon resulted in conferences held in Asilomar, California, and New Hampton, New Hampshire, where the ethical responsibilities of microbiologists involved in this research were discussed. These initial discussions resulted in what has come to be known as "The Moratorium Letter" (Shattuck 1996) published in the journal Science in 1974. This letter, signed by 11 leaders in the field, actually recommended restrictions on several types of experiments that were considered to be particularly risky and stated "that adherence to our major recommendations will entail postponement or possibly abandonment of certain types of scientifically worthwhile experiments" (Berg 1974). An international conference on the issues came to similar conclusions about the need for a research moratorium for the sake of public safety. Recommendations arising from conference participants led to the formation of the National Institutes... (shrink)

Despite the generally positive reception of Manuel DeLanda's Intensive Science and Virtual Philosophy, it has been pointed out that DeLanda's reconstruction of Deleuze's ontology has concentrated almost exclusively on the processes of becoming actual, and has thus far failed to address the processes of becoming virtual. In this article, I suggest a way of reading DeLanda which recovers for mathematical practice a capacity to clarify the meaning of events as they arise within a synthetic process of becoming interdisciplinary. First, I (...) attempt to show that modern mathematical practices can be understood as already characterized by a denial of essentialism in just the way required by Deleuze. Second, I argue that mathematical practice, so understood, is of a piece with literary practice, in the sense that both can be understood as the free and transformative production of concepts within the space of what Deleuze has characterized as a form of the comedic. I conclude with an outline of an argument showing that the transformative and the comedic can be embraced within a realist philosophy of the kind so clearly evident in DeLanda's reconstruction of Deleuze's ontology. (shrink)

This book presents a comprehensive analysis of Kant’s justification of the categorical imperative. The book contests the standard interpretation of Kant’s views by arguing that he never abandoned his view about this as expressed in his Groundwork. It is distinctive in the way in which it places Kant’s argument in the context of his transcendental philosophy as a whole, which is essential to understand it as an argument from within human agential self-understanding. The book reviews that existing literature, then presents (...) a logical construction of Kant’s argument, which it defends by examining what Kant has to say about synthetic a priori practical propositions in the context of his transcendental philosophy as a whole, and by a detailed examination of how he presents his argument in the Second Critique and the Groundwork. Particular attention is given to the views of two scholars who share many of the views expressed in this book: Klaus Steigleder and Michael Wolff. Special attention is also given to the views of Owen Ware, who, while sharing many of our arguments has a very different overall view. The concluding chapter provides a statement about the validity of Kant’s argument. (shrink)

This paper analyses the main challenges to the idea that we should and can represent future generations in our present policymaking. It argues that these challenges can and should be approached from the perspective of human rights. To this end it introduces and sketches the main features of a human rights framework derived from the moral theory of Alan Gewirth. It indicates how this framework can be grounded philosophically, sketches the main features and open questions of the framework and its (...) grounding, and shows how it can be used to deal with the challenges to the idea that future generations have rights that can be represented in our policymaking. (shrink)

According to Bernard Williams, attempts to justify a categorically binding impartial principle fail because they can only establish categorically binding requirements on action by making them non-universalizable , and can only establish impartial requirements by rendering them inapplicable to real agents . But, an individual cannot be the particular agent the individual is without being an agent every bit as much as an individual cannot be an agent without being the particular agent that the individual is. On this basis, it (...) is argued that, when the actual Gewirthian argument for a categorically binding impartial principle is presented, which Williams does not do, his objections to it do not hold and the argument establishes that agents are categorically bound to accept a substantive impartial principle that, at the same time, permits them to live lives that respect their own personal interests. Consequently, Williams’ dilemma is false. (shrink)

Situated in critiques of the “moral muteness” of technical rationality, we examine concepts of ethics and the avoidance of ethical language among Australian gas pipeline engineers. We identify the domains in which they saw ethics as operating, including public safety, environmental protection, sustainability, commercial probity, and modern slavery. Particularly with respect to ethical matters that bear on public safety, in the course of design and operational activities, engineers principally advocated for action using technical language, avoiding reference to potential consequences such (...) as death or destruction of property. Within their organizations, they saw themselves as occupying a technical “line of defense”. We argue that this focus on technical language is action-oriented. Ethics tells practitioners of unacceptable outcomes, but it does not guide them in what they need to do to avoid that outcome in practice. We observed some cases where engineers had not made the connection between their role and ethics in the sense of public safety. We argue that muteness on ethical matters can obscure the nature of the risk where technical advice is being taken on by non-technical actors, and where technical actors themselves do not have a clear sense of their public safety obligations. (shrink)

The philosophical concept of the self has had a hard time for a long time. The scepticism that lay behind Hume’s ‘bundle’ theory has been made manifest in ‘post-philosophical’ claims that the self or subject is not so much a ‘something’ that ties together a bundle of sense impressions, but is rather to be seen as an effect of a system of power relations, or an illusory presupposition of the relational properties of syntax.

The profile of volunteering in English Higher Education [HE] has been enhanced in recent years through various initiatives that have not only funded activities, but have sought to expand the range of volunteering opportunities available to students and recognise the contribution that volunteering can make to students ' employability. This expansion has also brought about emergent interest in understanding the conditions of student volunteering, in particular why students volunteer and what they seek to achieve through their involvement. This paper adds (...) to this growing literature on indentifying student motivations through analysis of both survey and interview data on student volunteering. The use of mixed methods allows for a detailed interrogation of motivations and how students make sense of their own experiences with respect to dominant discourses about what volunteering can achieve. In particular the paper argues that students are reflective about why they volunteer, their motives can change over time and that for many students volunteering is not necessarily part of a strategic goal to enhance CVs or even 'do good'. (shrink)

Alan Gewirth’s claim that agents contradict that they are agents if they do not accept that the principle of generic consistency (PGC) is the supreme principle of practical rationality has been greeted with widespread scepticism. The aim of this article is not to defend this claim but to show that if the first and least controversial of the three stages of Gewirth’s argument for the PGC is sound, then agents must interpret and give effect to human rights in ways consistent (...) with the PGC, or deny that human beings are equal in dignity and rights (which idea defines human rights) or that they are agents (and hence subject to any rules at all). Implications for the interpretation of the international legal system of human rights inspired by the Universal Declaration of Human Rights 1948 are sketched. (shrink)

The aim of this paper is to examine the extent to which Kant’s Critique of the Power of Judgment can be, or otherwise ought to be, regarded as a transcendental phenomenology of hope. Kant states repeatedly that CPoJ mediates between the first two Critiques, or between the theoretical knowledge we arrive at on the basis of understanding and reason’s foundational role for practical philosophy. In other words, exercising the power of judgment is implicated whenever we try to bring together the (...) ethical issue of strictly determining our actions on the one hand and the necessity to act in the physical world on the other. We will argue that this mediating function is properly understood only if the ideations produced by self-understanding are characterized as objects of rationally required hope or fear. (shrink)

This book presents a comprehensive analysis of Kant’s justification of the categorical imperative. The book contests the standard interpretation of Kant’s views by arguing that he never abandoned his view about this as expressed in his Groundwork. It is distinctive in the way in which it places Kant’s argument in the context of his transcendental philosophy as a whole, which is essential to understand it as an argument from within human agential self-understanding. The book reviews that existing literature, then presents (...) a logical construction of Kant’s argument, which it defends by examining what Kant has to say about synthetic a priori practical propositions in the context of his transcendental philosophy as a whole, and by a detailed examination of how he presents his argument in the Second Critique and the Groundwork. Particular attention is given to the views of two scholars who share many of the views expressed in this book: Klaus Steigleder and Michael Wolff. Special attention is also given to the views of Owen Ware, who, while sharing many of our arguments has a very different overall view. The concluding chapter provides a statement about the validity of Kant’s argument. (shrink)

Anthony Celano argues that after Thomas Aquinas the flexibility of Aristotle’s ethics gives way to the universal codes of Christian morality. His argument posits that the Schoolmen adopted a line of moral reasoning that follows a Platonic tradition of taking universal moral principles as the basis of moral reasoning. While Thomas does work in a tradition that, resemblant of the Platonic tradition, incorporates inerrant principles of moral reasoning in the habit of _synderesis_, his understanding of those principles is distinctly Aristotelian (...) in character and thus the flexible moral reasoning of Aristotle’s _phronimos_ is retained. For Thomas _synderesis_ is the first principle of practical reason and is the source rather than the inhibitor of personal and spontaneous moral reasoning. This article will first outline Celano’s position, detail the thought of Thomas’ predecessors, and then show how Thomas employs the principle of _synderesis_ in a distinctly Aristotelian framework. (shrink)

It is argued that accepting that there are human rights, or that there are categorically binding requirements of any kind on action, logically requires accepting the PGC (Principle of Generic Consistency) as the supreme criterion of practical reasonableness.Consequently, all legal systems that recognise human rights (hence, the English legal system), all who view law as a matter of obligation, and all who consider that there are categorically binding requirements on action, must take the PGC to be a necessary criterion of (...) legal validity. Conventions on human rights must, as conventions on human rights, be interpreted to conform with the PGC. (shrink)

Since 9/11 the European Court of Human Rights (the European Court) has raised anew the question of the relationship between religion and public education. In its reasoning, the European Court has had to consider competing normative accounts of the secular, either to accept or deny claims to religious liberty within Europe's public education system. This article argues that the trajectory on which the term 'secularism' had been used by the European Court pointed increasingly towards secular fundamentalism. This study is located (...) at the cutting edge of religion, education and the law and builds on previous work in the field (Arthur, 1998, 2008). It examines, through extensive research of legal cases, the most important developments of the usage of secular and secular education in modern discourse and explores the background to these concepts. Unless otherwise stated, religion in this article shall refer to the Christian tradition because Christianity has been the historical context for the development of the concept of 'secular' in Europe. The paper outlines three models of secular education before moving on to scrutinise how the European Court has understood and evaluated various legal cases before it on the interaction between secular States, public education and notions of religious symbolism and influence. The paper will discuss the significance of the European Court's reasoning and decisions for public education within a secular State context and offer some conclusions on the implications of these decisions. It examines the legal principles that underpin the European Court's supervision of the State's role in the provision of education. It focuses on the chimeric goal of neutrality and highlights the risks attached to the use of an ideological conception of secularism that could lead potentially to the complete removal of the religious as a vital cultural and intellectual dimension of public education. (shrink)

This paper challenges the view, commonly held inbiolaw and bioethics, that there can be no proprietaryrights in our own bodies or body parts. Whether thestarting point is the post-intervention informedconsent regime of Article 22 of the Convention ofHuman Rights and Biomedicine or the traditional(exclusionary) understanding of private property it isargued that property in our own bodies or body partsis presupposed. Although these arguments do notdemonstrate that there is property of this kind (forthat, a full-scale justification of the institution ofprivate property (...) would be required), they suggestnevertheless that the commonly held view has animmanent property logic that has not yet been drawnout or appreciated. (shrink)

This chapter examines the relationship between the values of researchResearch and privacy in the context of medical research on patient data. An analytical framework is developed by interpreting the conception of privacyPrivacy advanced in the jurisprudence of the European Court of Human RightsHuman rights by reference to the Principle of Generic ConsistencyPrinciple of Generic Consistency, seminally argued to be the supreme principle of moralityMoralityby Alan GewirthAlan Gewirth. This framework is used to uncloak the inequity of positions uncompromisingly prioritising research values (...) over privacy values or vice versa—research worship and consentConsent worship, respectively. We then apply this framework to three hypothetical studies to show how apparent conflicts between research and privacy values can be resolved. (shrink)