This important new book develops a new concept of autonomy. The notion of autonomy has emerged as central to contemporary moral and political philosophy, particularly in the area of applied ethics. professor Dworkin examines the nature and value of autonomy and uses the concept to analyse various practical moral issues such as proxy consent in the medical context, paternalism, and entrapment by law enforcement officials.
I take as my starting point the “one very simple principle” proclaimed by Mill in On Liberty … “That principle is, that the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. He cannot rightfully be compelled to do (...) or forbear because it will be better for him to do so, because it will make him happier, because, in the opinion of others, to do so would be wise, or even right.”. (shrink)
In both theoretical and applied contexts the concept of autonomy has assumed increasing importance in recent normative philosophical discussion. Given various problems to be clarified or resolved the author characterizes the concept by first setting out conditions of adequacy. The author then links the notion of autonomy to the identification and critical reflection of an agent upon his first-order motivations. It is only when a person identifies with the influences that motivate him, assimilates them to himself, that he is autonomous. (...) In addition this process of identification must itself meet certain procedural constraints. (shrink)
In both theoretical and applied contexts the concept of autonomy has assumed increasing importance in recent normative philosophical discussion. Given various problems to be clarified or resolved the author characterizes the concept by first setting out conditions of adequacy. The author then links the notion of autonomy to the identification and critical reflection of an agent upon his first-order motivations. It is only when a person identifies with the influences that motivate him, assimilates them to himself, that he is autonomous. (...) In addition this process of identification must itself meet certain procedural constraints. (shrink)
Some of the most difficult and wrenching social and political issues in U.S. society today are about the relationship between strongly held moral values and the laws of the land. There is no consensus about whether the law should deal with morality at all, and if it is to do so, there is no agreement over whose morality is to be reflected in the law.In this compact and carefully edited anthology, Gerald Dworkin presents the readings necessary for an understanding of (...) these issues. The volume contains classical and contemporary philosophical statements as well as a generous sampling of legal cases and opinions, including such topics of current interest as flag-burning, nude dancing, the sale of human organs, and sexual behavior. The volume represents the best in applied legal and moral philosophy. (shrink)
The moral issues involved in doctors assisting patients to die with dignity are of absolutely central concern to the medical profession, ethicists, and the public at large. The debate is fuelled by cases that extend far beyond passive euthanasia to the active consideration of killing by physicians. The need for a sophisticated but lucid exposition of the two sides of the argument is now urgent. This book supplies that need. Two prominent philosophers, Gerald Dworkin and R. G. Frey present the (...) case for legalization of physician-assisted suicide. One of the best-known ethicists in the US, Sissela Bok, argues the case against. (shrink)
The chapter discusses the various ways in which ethical theory and moral practice relate to one another. Various proposals are discussed and evaluated, such as that the relation is a deductive one, that the relation is one of norm-specification, or that the theory provides multiple moral principles that must be balanced against one another. The author makes some suggestions on how the relation between theory and practice should be understood.
This thesis examines the relationship between nihilism and postmodernism in relation to the sublime, and is divided into two parts: theory and literature. Beginning with histories of nihilism and the sublime, the Enlightenment is constructed as a conflict between the two. Rather than promote a simple binarism, however, nihilism is constructed as a temporally-displaced form of sublimity that is merely labelled as nihilism because of the dominant ideologies at the time. Postmodernism, as a product of the Enlightenment, is therefore implicitly (...) related to both nihilism and the sublime, despite the fact that it is often characterised as either nihilistic or sublime. Whereas prior forms of nihilism are ‗modernist‘ because they seek to codify reality, postmodernism creates a new formulation of nihilism – ‗postmodern nihilism‘ – that is itself sublime. This is explored in relation to a broad survey of postmodern literature through a series of interconnected themes. These themes – apocalypse, the absurd, absence, and space – arise from the debates presented in the theoretical chapters of this thesis, and demonstrate the ways in which nihilism and the sublime interact within postmodern literature. Because of the theoretical and literary debates presented within it, this thesis concludes that it cannot be a thesis at all. (shrink)
This paper examines the legitimacy of pro-active law enforcement techniques, i.e. the use of deception to produce the performance of a criminal act in circumstances where it can be observed by law enforcement officials. It argues that law enforcement officials should only be allowed to create the intent to commit a crime in individuals who they have probable cause to suppose are already engaged or intending to engage in criminal activity of a similar nature.
Salvaging the Concept of Nudge 1 makes a number of good points about how the concept of a nudge should be understood, and a number of important distinctions in specifying more precisely the important idea of freedom of choice. As Saghai suggests, this is a first cut, and more work needs to be done in clarifying the issues so as to make the idea of a nudge a useful tool for policy purposes.In this Commentary, I want to explore some of (...) the difficulties that remain in getting a clear understanding of the ideas used to clarify the idea of freedom of choice, in particular, the idea that some influences are easily resistible and some are not. In particular, I am interested in the use of various deceptive modes such as lying, failure to disclose and misleading utterances. I believe that there is an important ambiguity in thinking about these deceptive modes which throws some doubt on the adequacy of the idea of resistibility.The key definitions are the following:Substantial Non-control: A's influence to get B to α is substantially non-controlling when B could easily not α if she did not want to α.Easy resistibility: A's influence is easily resistible if B is able to effortlessly oppose the …. (shrink)
The essential outlines of the debate over voluntary euthanasia have not changed very much since Glanville Williams and Yale Kamisar debated the issues almost fifty years ago. On the one hand, there is an appeal to considerations of autonomy and the relief of suffering: individuals should be able to choose the timing and mode of their dying and they should not have to suffer from pain and other modes of indignity such as incontinence, paralysis, muscular wastage, and mental deterioration. So (...) far these would only generate a right or permission to take one's own life, but when we consider the problems in the context of end-of-life medical care and the uncontroversial duty of physicians to relieve the suffering of their patients we get a claim to assistance in dying. (shrink)
John Stuart Mill's On Liberty continues to shape modern Western conceptions of individual freedom. In this volume, eight leading Mill scholars comment on this landmark work. Their essays, selected for their importance and accessibility, serve as an excellent introduction to this foundational text.
This is a study of the question of whether moral principles, as justified by a contractualist scheme, such as Scanlon's, are binding on persons, i.e., give them reasons to act in accordance with such principles. I argue that for those agents who meet the motivational conditions that Scanlon lays down, i.e., those who seek to reach agreement with others on principles that are not rejectable, such principles are binding. But on those who do not meet the motivational condition the principles (...) are not binding. (shrink)
Simon Rippon believes that a certain argument is not sound.1 I agree. I do not agree with the role he assigns the argument in the debate about organ sales. Nor do I agree with the much stronger argument he puts forward that organ sales should be forbidden.The argument he believes unsound, which I shall use his terminology to refer to as the Laissez-Choisir or LC argument, has three premises. The one be believes false says, “If we take away what some (...) regard as their best option, we thereby make them worse off, at least from their own perspective”.Applied to the case of a market for organs, this says that if we take away what the potential organ seller regards as his best option, that is, there being a market for his organs, we make him worse off as judged by him. The reason Rippon thinks this argument is false is that, as I have argued and have been cited by Rippon, adding an option can, in addition to merely adding a choice, have adverse effects on the agents, can harm the agent by his own lights. Thus, says Rippon, if the argument is unsound, then it does not follow that if we deny the agent the option to sell his organs, we must be acting paternalistically. The option we are taking away is one that the agent himself regards as harmful.This is correct as far as it goes, but it might leave the reader thinking that the premise is never true. This would be to overlook the fact that even if the additional option …. (shrink)
