The doctrine of double effect continues to be an important tool in bioethical casuistry. Its role within the Catholic moral tradition continues, and there is considerable interest in it by contemporary moral philosophers. But problems of justification and correct application remain. I argue that if the traditional Catholic conviction that there are exceptionless norms prohibiting inflicting some kinds of harms on people is correct, then double effect is justified and necessary. The objection that double effect is superfluous is a rejection (...) of that normative conviction, not a refutation of double effect itself. This justification suggests the correct way of applying double effect to controversial cases. But versions of double effect which dispense with the absolutism of the Catholic tradition lack justification and fall to the objection that double effect is an unnecessary complication. Keywords: double effect, intention, side effect CiteULike Connotea Del.icio.us What's this? (shrink)
Nuclear deterrence requires objective ethical analysis. In providing it, the authors face realities - the Soviet threat, possible nuclear holocaust, strategic imperatives - but they also unmask moral evasions - deterrence cannot be bluff, pure counterforce, the lesser evil, or a step towards disarmament. They conclude that the deterrent is unjustifiable and examine the new question of conscience that this raises for everyone.
The use of terminal sedation to control theintense discomfort of dying patients appearsboth to be an established practice inpalliative care and to run counter to the moraland legal norm that forbids health careprofessionals from intentionally killingpatients. This raises the worry that therequirements of established palliative care areincompatible with moral and legal opposition toeuthanasia. This paper explains how thedoctrine of double effect can be relied on todistinguish terminal sedation from euthanasia. The doctrine of double effect is rooted inCatholic moral casuistry, but (...) its applicationin law and morality need not depend on theparticular framework in which it was developed. The paper further explains how the moral weightof the distinction between intended harms andmerely foreseen harms in the doctrine of doubleeffect can be justified by appeal to alimitation on the human capacity to pursue good. (shrink)
How are we to understand the role of bioethics in the health care system, government, and academe? This collection of original essays raises these and other questions about the nature of bioethics as a discipline.
This is a response to James Dubois’ “Is anesthesia intrinsically wrong?” I do not address many of the claims in this article but only DuBois’ use of the moral evaluation of the medical use of anesthesia as a counter example to two lines of reasoning developed to defend the traditional Catholic prohibition of contraception. Elizabeth Anscombe's dialectical defense of this teaching does not imply that such a defense must logically apply to the use of anesthesia. John Finnis’ defense of this (...) teaching on the basis of a natural law argument does not imply that consciousness is a basic human good. (shrink)
Joseph Boyle discusses deontology, which derives precepts from moral principles, particularly making a case with reference to Alan Donagan's The Theory of Morality, which appeared the same year as Just and Unjust Wars.
Catholic health care institutions began as charitable organizations through which the Church provided aid to the needy. However, nowadays the provision of health care in developed countries has little to do with charity, and that raises questions about what Catholic health care institutions are about.
This paper addresses the moral challenges presented by the existence of radical moral disagreement in contemporary health care. I argue that there is no neutral moral perspective for understanding and resolving these challenges, but that they must be formulated and resolved from within the various perspectives that generate the disagreement. I then explore the natural law tradition's approach to these issues as a test case for my thesis. Keywords: moral conflict, moral perplexity, natural law, radical moral disagreement, toleration CiteULike Connotea (...) Del.icio.us What's this? (shrink)
For this reason, proponents of free choice have attempted to find grounds for a refutation of determinism in the determinist position itself. Such attempts have sometimes taken the form of argumentation—by now well known—that determinism is somehow self-refuting or self-defeating.
This paper explores the implications of Roman Catholic teachings on social justice and rights to health care. It argues that contemporary societies, such as those in North America and Western Europe, have an obligation to provide health care to their citizens as a matter of right. Moral considerations provide a basis for evaluating concerns about the role of equality when determining health care entitlements and giving some precision to the widespread belief that the right to health care requires equal entitlement (...) to health care benefits. (shrink)
In this short response to Peter Clarke's thorough and interesting tracing of the developments in Richard McCormick's approach to moral questions, I take a perspective external to the concerns of Clarke's paper. I propose to look at the developments in McCormick's approach not so much from the perspective of contemporary Catholic moral theology but from that of the impact on the practices and beliefs of the Catholic community. From that perspective, the really important events in McCormick's theological development are his (...) rejection of the received teaching on contraception and his closely connected embracing of a moral theory that implies that there are no moral absolutes, namely, proportionalism. (shrink)
This volume surveys the current state of the critical Legal Studies movement- a fifteen year old initiative whose proponents are committed to building a strong progrsseve community inside law schools and the legal profession. In his introduciton, Boyle argues that CLS has succeeded because it analyzes the inadequacies of rights talk, technocracy, and law and economics, and because it connects theory with the everyday experiences of lawyers and legal scholars. Articles present the CLS perspective on legal reasoning, legal hisory, substantive (...) law, legal practice, and social theory. (shrink)
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