Contemporary research ethics policies started with reflection on the atrocities perpetrated upon concentration camp inmates by Nazi doctors. Apparently, as a consequence of that experience, the policies that now guide human subject research focus on the protection of human subjects by making informed consent the centerpiece of regulatory attention. I take the choice of context for policy design, the initial prioritization of informed consent, and several associated conceptual missteps, to have set research ethics off in the wrong direction. The aim (...) of this paper is to sort out these confusions and their implications and to offer instead a straightforward framework for considering the ethical conduct of human subject research. In the course of this discussion I clarify different senses of autonomy that have been confounded and present more intelligible justifications for informed consent. I also take issue with several of the now accepted dogmas that govern research ethics. These include: the primacy of informed consent, the protection of the vulnerable, the substitution of beneficence for research's social purpose, and the introduction of an untenable distinction between innovation and research. (shrink)

The second edition of H. P. Lee's The Australian Judiciary provides a timely update to this seminal text. The only definitive survey of the entire Australian judiciary, this text describes and evaluates the work, techniques, problems and the future of the different tiers of courts and judges. It discusses the role of the judiciary as the third sector of government and analyses and comments on judicial conduct, judicial independence and impartiality, the work of judges beyond the courts, the accountability of (...) judges and the dangers to judicial institutions. It is an excellent reference work which will appeal to legal scholars and practitioners throughout Australia and internationally. (shrink)

Dr Schildkrout probes questions of ethnicity, religion, cultural change and the African national identity in this study of the immigrant community of Kumasi, Ghana's second largest city. She compares first- and second-generation immigrants - those born in their rural homelands, and those born in Ghana - in terms of their orientation to politics, to kinship, and to community participation. The author explores the meaning of ethnic identity for rural- and urban-born immigrants, and establishes certain generalizations about ethnicity based on these (...) comparisons. The book discusses the issues of migration, particularly interregional migration; the position of the 'stranger'; questions of cultural change in modern Africa; the 'generational gap' in the African context; the questions of citizenship and national identity in Africa today, and the emergence of new identities, regional, national and religious. This book has importance not only as a local case study that gives a full description of West African urban life, but also as a theoretical reconsideration of ethnicity that has application outside the African context. (shrink)

Who carries the burden of proof in analytic philosophical debates, and how can this burden be satisfied? As it turns out, the answer to this joint question yields a fundamental challenge to the very conduct of metaphysics in analytic philosophy. Empirical research presented in this book indicates that the vastly predominant goal pursued in analytic philosophical dialogues lies not in discovering truths or generating knowledge, but merely in prevailing over one’s opponents. Given this goal, the book examines how most effectively (...) to allocate and discharge the burden of proof. It focuses on premises that must prudently be avoided because a burden of proof on them could never be satisfied, and in particular discusses unsupportable bridge premises across inference barriers, like Hume’s barrier between ‘is’ and ‘ought’, or the barrier between the content of our talk or thought, and the world beyond such content. Employing this content/world barrier for a critical assessment of mainstream analytic philosophical methods, this book argues that we must prudently avoid invoking intuitions or other content of thought or talk in support of claims about the world beyond content, that is, metaphysically significant claims. Yet as content-located evidence is practically indispensable to metaphysical debates throughout analytic philosophy, from ethics to the philosophy of mathematics, this book reaches the startling conclusion that all such metaphysical debates must, prudently, be terminated. (shrink)

Common morality has been the touchstone of medical ethics since the publication of Beauchamp and Childress's Principles of Biomedical Ethics in 1979. Rosamond Rhodes challenges this dominant view by presenting an original and novel account of the ethics of medicine, one deeply rooted in the actual experience of medical professionals. She argues that common morality accounts of medical ethics are unsuitable for the profession, and inadequate for responding to the particular issues that arise in medical practice. Instead, Rhodes (...) argues that medicine's distinctive ethics should be explained in terms of the trust that society allows to the profession. Trust is the core and starting point of Rhodes' moral framework, which states that the most basic duty of doctors0is to "seek trust and be trustworthy." 0Building from this foundation, Rhodes explicates the sixteen specific duties that doctors take on when they join the profession, and demonstrates how her view of these duties is largely consistent with the codes of medical ethics of medical societies around the world. She then explains why it is critical for physicians to develop the attitudes or "doctorly" virtues that comprise the character of trustworthy doctors and buttress physicians' efforts to fulfil their professional obligations. Her book's presentation of physicians' duties and the elements that comprise a doctorly character, together add up to a cohesive and comprehensive description of what medical professionalism really entails. Rhodes's analysis provides a clear understanding of medical professionalism as well as a guide for doctors navigating the ethically challenging situations that arise in clinical practice. (shrink)

Standard views on surrogate decision making present alternative ideal models of what ideal surrogates should consider in rendering a decision. They do not, however, explain the physician''s responsibility to a patient who lacks decisional capacity or how a physician should regard surrogates and surrogate decisions. The authors argue that it is critical to recognize the moral difference between a patient''s decisions and a surrogate''s and the professional responsibilities implied by that distinction. In every case involving a patient who lacks decisional (...) capacity, physicians and the treatment team have to make judgments about the appropriateness of both the surrogate and the surrogate''s decision. They have to assess the surrogate''s decisional capacity and attitude toward the patient as well as the reasons that support the surrogate''s decision. This paper provides a model for acceptable surrogate decisions and a standard for blocking inappropriate surrogates. Only decisions based on widely shared reasons are allowable for surrogate refusal of highly beneficial treatment. (shrink)

To inform the ongoing discussion of whether claims of conscientious objection allow medical professionals to refuse to perform tasks that would otherwise be their duty, this paper begins with a review of the philosophical literature that describes conscience as either a moral sense or the dictate of reason. Even though authors have starkly different views on what conscience is, advocates of both approaches agree that conscience should be obeyed and that keeping promises is a conscience-given moral imperative. The paper then (...) considers exemplars of conscientious objection—Henry David Thoreau, Mohandas Gandhi, and Martin Luther King Jr.—to identify the critical feature of conscientious objection as willingness to bear the burdens of one’s convictions. It concludes by showing that medical professionals who put their own interests before their patients’ welfare violate their previous commitments and misappropriate the title “conscientious objector” because they are unwilling to bear the burdens of their choices and instead impose burdens on their patients and colleagues. (shrink)

In responding to my critics, James Childress, Tom Beauchamp, Soren Holm, and Ruth Macklin, I reprise my arguments for medical ethics being an uncommon morality. I also elaborate on points that required further clarification. I explain the role of trust and trustworthiness in the creation of a profession. I also describe my views on the relationship of the medical profession to the society in which medicine is practiced. Finally, I defend my claim that medical ethics “is constructed by medical professionals (...) for medical professionals” by describing the profession’s unique vantage point for regulating and policing the profession’s uncommon powers and privileges. (shrink)

This is the first comprehensive commentary on the Athenaion Politeia since that of J.E. Sandys in 1912. The Introduction discusses the history of the text; the contents, purpose and sources of the work; its language and style; its date, and the evidence for revision after the completion of the original version; and the place of the work in the Aristotelian school. The Commentary concentrates on the historical and institutional facts which the work sets out to give, their sources and their (...) relation to other accounts. Textual and linguistic questions are also addressed. (shrink)

This paper challenges the leading common morality accounts of medical ethics which hold that medical ethics is nothing but the ethics of everyday life applied to today’s high-tech medicine. Using illustrative examples, the paper shows that neither the Beauchamp and Childress four-principle account of medical ethics nor the Gert et al 10-rule version is an adequate and appropriate guide for physicians’ actions. By demonstrating that medical ethics is distinctly different from the ethics of everyday life and cannot be derived from (...) it, the paper argues that medical professionals need a touchstone other than common morality for guiding their professional decisions. That conclusion implies that a new theory of medical ethics is needed to replace common morality as the standard for understanding how medical professionals should behave and what medical professionalism entails. En route to making this argument, the paper addresses fundamental issues that require clarification: what is a profession? how is a profession different from a role? how is medical ethics related to medical professionalism? The paper concludes with a preliminary sketch for a theory of medical ethics. (shrink)

Dialogical egalitarianism is the thesis that any proposition asserted in dialogue, if questioned, must be supported or else retracted. Dialogical foundationalism is the thesis that some propositions are privileged over this burden of proof, standing in no need of support unless and until support for their negation is provided. I first discuss existing arguments for either thesis, dismissing each one of them. Absent a successful principled argument, I then examine which thesis it is pragmatically more advantageous to adopt in analytic (...) philosophical dialogue. This requires identifying the goal of such dialogue, to the attainment of which the thesis would be so advantageous. To identify this goal, I draw on Douglas Walton’s typology of dialogues for an analysis of the types of dialogue of 110 representatively selected journal articles in current analytic philosophy. 95% of articles are found to instantiate persuasion dialogue. In light of the thus prevalent goal of persuading one’s opponent, I argue that the adoption of dialogical egalitarianism in analytic philosophical dialogue is pragmatically inescapable. (shrink)

Political activity and political thinking began in the cities and other states of ancient Greece, and terms such as tyranny, aristocracy, oligarchy, democracy and politics itself are Greek words for concepts first discussed in Greece. Rhodes presents in translation a selection of texts illustrating the formal mechanisms and informal workings of the Greek states in all their variety. From the states described by Homer out of which the classical Greeks believed their states had developed, through the archaic period which (...) saw the rise and fall of tyrants and the gradual broadening of citizen bodies, to the classical period of the fifth and fourth centuries, Rhodes also looks beyond that to the Hellenistic and Roman periods in which the Greeks tried to preserve their way of life in a world of great powers. For this second edition the book has been thoroughly revised and three new chapters added. (shrink)

This paper challenges the long-standing and widely accepted view that medical ethics is nothing more than common morality applied to clinical matters. It argues against Tom Beauchamp and James Childress’s four principles; Bernard Gert, K. Danner Clouser and Charles Culver’s ten rules; and Albert Jonsen, Mark Siegler, and William Winslade’s four topics approaches to medical ethics. First, a negative argument shows that common morality does not provide an account of medical ethics and then a positive argument demonstrates why the medical (...) profession requires its own distinctive ethics. The paper also provides a way to distinguish roles and professions and an account of the distinctive duties of medical ethics. It concludes by emphasizing ways in which the uncommon morality approach to medical ethics is markedly different from the common morality approach. (shrink)

In their target article, Blumenthal-Barby et al. (2022) address the view that bioethics as a philosophical discipline is obsolete. Indeed, their discussion was prompted by a recent bioethics confer...

Do-not-resuscitate (DNR) orders are typically signed by physicians in conjunction with patients or their surrogate decision makers in order to instruct healthcare providers not to perform cardiopulmonary resuscitation (CPR). Both the medical literature and CPR guidelines fail to address when it is appropriate for physicians to sign DNR orders without any knowledge of a patient’s wishes. We explore the ethical issues surrounding instituting a twophysician DNR for a dying patient with multiple comorbidities and no medical record on file, no advance (...) directives, and no surrogate decision maker. Through this case we also highlight the issues of poor prognostication and the reversal of a DNR in such circumstances. (shrink)

In this introductory essay, we outline the relationship between political dissensus and radical democracy, focusing especially on how such a politics might inform the study of business ethics. This politics is located historically in the failure of liberal democracy to live up to its promise, as well as the deleterious response to that from reactionary populism, strong-man authoritarianism, and exploitative capitalism. In the context of these political vicissitudes, we turn to radical democracy as a form of contestation that offers hope (...) in an affirmative, inclusive and sustainable alternative. On this basis we introduce the papers in the special issue as a collective exploration of the ethics and politics of radical democracy as manifesting in dissensus and the subversion of corporate and elite power by alternative democratic practices and realities. (shrink)

Professor Rhodes, with Professor Lewis, has collected the evidence for decrees through which the states of the ancient Greek world were governed, and uses the evidence to study the decision-making procedures and the extent to which the citizens were actively involved.

Human microbiome research has revealed that legions of bacteria, viruses, and fungi live on our skin and within the cavities of our bodies. New knowledge from these recent studies shows that humans are superorganisms and that the microbiome is indispensible to our lives and our health. This volume explores some of the science on the human microbiome and considers the ethical, legal, and social concerns that are raised by this research.

Biblical scholar Michael Rhodes argues that the Bible offers a vision of justice-oriented discipleship that is critical for the formation of God's people. Grounded in biblical theology, virtue ethics, and his own experiences, he shows that justice is central to the Bible, central to Jesus, and central to authentic Christian discipleship.

A fashionable approach to the interpretation of Athenian drama concentrates on its context in performance at Athenian festivals, and sees both the festivals and the plays as products of the Athenian democracy. In this paper it is argued that, whereas the institutional setting inevitably took a particular form in democratic Athens, that was an Athenian version of institutions found more generally in the Greek world, and even in the Athenian version many features do not seem distinctively democratic. Similarly in the (...) interpretation of particular plays themes have often been said to be democratic which are better seen as concerns of polis-dwelling Greeks in general, and the notion that plays questioned Athens' democratic values because the democratic ethos of Athens consciously encouraged the questioning of Athens' democratic values is far from certain. (shrink)

The gap between the decision to engage in physical activity and subsequent behavioral enactment is considerable for many. Action control theories focus on this discordance in an attempt to improve the translation of intention into behavior. The purpose of this mini-review was to overview one of these approaches, the multi-process action control framework, which has evolved from a collection of previous works. The main concepts and operational structure of M-PAC was overviewed followed by applications of the framework in physical activity, (...) and concluded with unanswered questions, limitations, and possibilities for future research. In M-PAC, it is suggested that three layered processes build upon each other from the formation of an intention to a sustained profile of physical activity action control. Intention-behavior discordance is because of strategic challenges in goal pursuit and automatic tendencies. Regulatory processes are employed to hold the relationship between reflective processes and behavior concordant by countering these strategic challenges and automatic tendencies until the development of reflexive processes begin to co-determine action control. Results from 29 observational and preliminary experimental studies generally support the proposed M-PAC framework. Future research is needed to explore the temporal dynamic between reflexive and regulatory constructs, and implement M-PAC interventions in different forms, and at different levels of scale. (shrink)

I am grateful to the esteemed commentators for their critiques of my paper, ‘Why Not Common Morality’.1 As I read through their remarks, however, they seemed to be talking past my arguments. Their criticisms nevertheless make it clear that I need to explain myself better. I am therefore grateful to the editor for allowing me this opportunity to clarify my position. My paper presented two arguments for concluding that common morality is untenable as an account of medical ethics. First, I (...) provided a negative argument to show that common morality does not provide an adequate account of medical ethics. Second, I offered a positive argument that demonstrated why the medical professions require a distinct morality. My negative argument relies on counterexamples to show that the duties of medicine are different from the duties of everyday life. It is intended as a refutation of the claim by Tom Beauchamp and James Childress that ‘The common morality is applicable to all persons in all places, and we rightly judge all human conduct by its standards’.2 Logically, if any of the duties of medical ethics are inconsistent with common morality, they are not compatible with common morality standards. My counterexamples demonstrate that standards of conduct judged acceptable by common morality are irreconcilable with duties of medical ethics. Hence, they could not follow from the same principles. If the standards of common morality lead to particular judgments about the morality of a certain conduct, those same standards cannot also be the basis for reaching the opposite judgments about that sort of conduct. Charles Foster,3 Alex John London,4 Ruth Macklin5 and Bryanna Moore6 all suggest that exceptions to my examples refute my negative argument. As far as they go, …. (shrink)

Cheating is deeply embedded in everyday life. The costs of the most common forms of cheating total close to a trillion dollars annually. Part of the problem is that many individuals fail to see such behavior as a serious problem. "Everyone does it" is a common rationalization, and one that comes uncomfortably close to the truth. That perception is also self-perpetuating. The more that individuals believe that cheating is widespread, the easier it becomes to justify. Yet what is most notable (...) about analysis of the problem is how little there is of it. Whether or not Americans are cheating more, they appear to be worrying about it less. In Cheating, eminent legal scholar Deborah L. Rhode offers the only recent comprehensive account of cheating in everyday life and the strategies necessary to address it. Because cheating is highly situational, Rhode drills down on its most common forms in sports, organizations, taxes, academia, copyright infringement, marriage, and insurance and mortgages. Cheating also reviews strategies necessary to address the pervasiveness and persistence of cheating in these contexts. We clearly need more cultural reinforcement of ethical conduct. Efforts need to begin early, with values education by parents, teachers, and other role models who can display and reinforce moral behaviors. Organizations need to create ethical cultures, in which informal norms, formal policies, and reward structures all promote integrity. People also need more moral triggers that remind them of their own values. Equally important are more effective enforcement structures, including additional resources and stiffer sanctions. Finally, all of us need to take more responsibility for combatting cheating. We need not only to subject our own conduct to more demanding standards, but also to assume a greater obligation to prevent and report misconduct. Sustaining a culture that actively discourages cheating is a collective responsibility, and one in which we all have a substantial stake. (shrink)

Seventeen-year-old David is a perfect organ match for his younger brother, Ken, who has kidney failure. David understands that the procedure presents some risk for him and that after surgery he may no longer be able to continue playing football. His idols all have been football players and he now plays on his high school's team. Nevertheless, he wants to donate a kidney to his brother and agrees to being a donor as soon as the option is mentioned. He never (...) displays any ambivalence and says, I want to donate my kidney because then I'll be a hero to my family. This close family - of two parents and five older siblings — strongly supports the seventeen-year-old's decision, especially after an older brother, who was also a perfect organ match, is found medically (anatomically) unsuitable.The parents and two of the older siblings could still be medically acceptable donors: their organs are likely to be better grafts (one haplotype matches) than a non-related cadaveric kidney would be, but less compatible than the perfect organ match (haploidentical) that could be provided by David, the adolescent brother. Studies have shown that in the short run there is little difference in the survivability of organs from different classes of donors. After several years, however, there is a significant difference with perfectly matched kidneys being much less prone to rejection than the less ideally matched organs (1, p. 118). (shrink)