The article focuses on the study on moral conflicts and ethical relativism. There are few theories in the history ethics that stated that a moral dilemma can not be adhered by to moral requirements. According to philosophy professor David Wong, occurrence of irresolvable moral disagreement is one of the normative problems. On the other hand, the author asserted that single-agent moral conflicts do not necessarily fall under the relativism theory.

I begin with a discussion of the value of privacy and what we lose without it. I then turn to the difficulties of preserving privacy for genetic information and other medical records in the face of advanced information technology. I suggest three alternative public policy approaches to the problem of protecting individual privacy and also preserving databases for genetic research:(1) governmental guidelines and centralized databases, (2) corporate self-regulation, and (3) my hybrid approach. None of these are unproblematic; I discuss strengths (...) and drawbacks of each, emphasizing the importance of protecting the privacy of sensitive medical and genetic information as well as letting information technology flourish to aid patient care, public health and scientific research. (shrink)

This paper begins with a discussion of the value of privacy,especially for medical records in an age of advancing technology.I then examine three alternative approaches to protection ofmedical records: reliance on governmental guidelines, the useof corporate self-regulation, and my own third hybrid view onhow to maintain a presumption in favor of privacy with respectto medical information, safeguarding privacy as vigorously andcomprehensively as possible, without sacrificing the benefitsof new information technology in medicine. None of the threemodels I examine are unproblematic, yet (...) it is crucial to weighthe strengths and weaknesses of these alternative approaches. (shrink)

Individuals care about and guard their privacy intensely in many areas. With respect to patient medical records, people are exceedingly concerned about privacy protection, because they recognize that health care generates the most sensitive sorts of personal information. In an age of advancing technology, with the switch from paper medical files to massive computer databases, privacy protection for medical information poses a dramatic challenge. Given high-speed computers and Internet capabilities, as well as other advanced communications technologies, the potential for abuse (...) is much greater than ever before. At every stage in the process of collection and storage, dangers can arise, including entry errors, improper access, exploitation, and unauthorized disclosure. Secondary use and aggregation of data are all far easier, faster, and less expensive, and thus pose additional threats to an individual's control over the disposition of medical information. (shrink)

Although testing for substance abuse can be intrusive, inaccurate, and ineffective at ferreting out those who are a threat to others, it can be morally justified in certain carefully circumscribed cases.

Free speech has historically been viewed as a special and preferred democratic value in the United States, by the public as well as by the legislatures and courts. In 1937, Justice Benjamin Cardozo wrote in Palko v. Connecticut that protection of speech is a “fundamental” liberty due to America's history, political and legal, and he recognized its importance, saying, “[F]reedom of thought and speech” is “the matrix, the indispensable condition, of nearly every other form of freedom.” It is likely notable (...) that in the Bill of Rights free speech is protected in the First Amendment rather than later. (shrink)

Most of us have certain intuitions about moral rights, at least partially captured by the ideas that: (A) rights carry special weight in moral argument; (B) persons retain their rights even when they are legitimately infringed; although (C) rights undoubtedly do conflict with one another, and are sometimes overridden as well by nonrights considerations. I show that Dworkin's remarks about rights allow us to affirm (A), (B), and (C), yet those remarks are extremely vague. I then argue that Feinberg's more (...) comprehensive and precise theory, designed to do justice to all three theses, cannot assure us of (A), that rights are not merely one consideration to be weighed in the balance with heterogeneous others. I show how Feinberg accepts (C) despite being drawn toward an alternative absolutist theory of rights and commits himself to (B) through his rejection of prima facie rights. But his promising distinction between recognition and enforcement of a right, which helps give some sense to (B) despite its tension with (C), undermines the force of rights in moral argument apparently intended by (A). We thus learn that Feinberg's and Dworkin's accounts of rights are incompatible, though each is correct in important ways. Contrasting their views allows us to clarify the implications and consistency of alternative theses about rights, one step toward meeting the challenge of developing a theory which shows more adequately how respect for rights is to be combined with other intuitions about rights and their relation to other values. (shrink)

I first discuss reasons for feminists to attend to the role of women in the military, despite past emphasis on antimilitarism. I then focus on the exclusion of women from combat duty, reviewing its sanction by the U.S. Supreme Court and the history of its adoption. I present arguments favoring the exclusion, defending strong replies to each, and demonstrate that reasoning from related cases and feminist analyses of equality explain why exclusion remains entrenched.

Unionization in the Academy presents an authoritative, balanced, and comprehensive treatment of academic unions—their history, purpose, and the conflicts they cause.

ABSTRACT I present and assess arguments both for and against censorship of pornography, explaining why the case on each side is inconclusive. In an effort to move beyond issues of censorship and to address the growing problem of violence in pornography, I propose a distinction between erotica and violent pornography. I then utilise this distinction to evaluate the moral status of, and certain social responses to, violent pornography. I show why most arguments that violent pornography is morally wrong rest on (...) assumptions that either may not be true or do not apply to all instances of violent pornography. I also indicate why the only unconditional moral argument against violent pornography—an argument I find reasonable—will not be universally acceptable. Finally, I discuss two alternatives to censoring violent pornography. I argue that the first, which adapts Joel Feinberg's right of reasonable avoidability, is too weak, while the second, which advocates refusing all subsidy and support for violent pornography, is ultimately too strong as a social response in a society committed to freedom. (shrink)

Abraham Newman has written a thoughtful and provocative book about the protection of privacy and how it has evolved in two dramatically different ways in the European Union and the United States over the past 50 years.

Contributors discuss the work of thinkers such as Cass Sunstein and Jeremy Waldron in their exploration of the relations between philosophical theories and everyday life. They elucidate major attempts to reconcile theory with practice in the Western tradition, from Herodotus to Heidegger, and discuss topics such as the role of theory in judicial decision-making and the political implication of theory. Of interest to philosophers, lawyers, and social scientists. Annotation copyright by Book News, Inc., Portland, OR.

In this anthology of new and classic articles, fifteen noted feminist philosophers explore contemporary ethical issues that uniquely affect the lives of women. These issues in applied ethics include autonomy, responsibility, sexual harassment, women in the military, new technologies for reproduction, surrogate motherhood, pornography, abortion, nonfeminist women and others. Whether generated by old social standards or intensified by recent technology, these dilemmas all pose persistent, 'nagging,' questions that cry out for answers.

Chronic pain is a common disorder with enormous sociomedical importance. A major part of primary and secondary costs of illness is caused by the various pain syndromes. Nociception – the sensory perception of a painful stimulus – is a complex process relying on an intricate system of anatomical, neurophysiological and biochemical networks. This applies even more so to pain – the state of experiencing a nociceptive event, of interpreting it in terms of meaning for the affected individual and of suffering (...) a range of emotions it elicits. This intricacy renders it obvious, that the empirical medical sciences alone cannot explain all aspects of pain. Hence, it has also become a focus of phenomenological research. One aspect of these investigations is the interaction of pain and the perception of the lived body’s spatiality. The focus of this article will build on these concepts to develop a construct of the alteration of temporality caused by chronic pain and the effects this spells out for the affected subject. To this end, I will primarily draw on Merleau-Ponty’s ideas of the lived body as well as on theories of enactivism and embodiment. I will also point out parallels to neuroscientific data, thereby demonstrating the proximity of phenomenology and neuroscience. A possible partial solution to the pain dilemma may be derived from psychology: techniques relying on cognitive behavioural intervention, awareness training, and existential analysis may provide alleviation to patients suffering from chronic pain. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.3 (2002) 501-519 [Access article in PDF] Nietzsche and Early Romanticism Judith Norman Nietzsche was in many ways a quintessentially romantic figure, a lonely genius with a tragic love-life, wandering endlessly (through Italy, no less) before going dramatically mad, taken by his gods into the protection of madness (to quote Heidegger's epithet on Hölderlin, one of Nietzsche's childhood favorites). 1 But this (...) is to be a romantic in an uncapitalized manner, and has nothing to do with the literary movement of Romanticism, a movement from which, as is well-known, Nietzsche distanced himself loudly and vigorously. Nietzsche famously follows Goethe in his verdict that Romanticism is a form of sickness and classicism a form of strength, and commentators, for the most part, have accepted this self-description. 2 That is, they do not blithely identify Nietzsche with that nineteenth-century artistic movement, whose proponents include Victor Hugo, Eugene Delacroix, and Richard Wagner. 3But Romanticism is a plural phenomenon. When Goethe made his famously dismissive remark, he was clearly not talking about Hugo and Wagner; he meant Romanticism in an earlier incarnation. Commentators have been less reticent about finding all sorts of affinities between Nietzsche and some of these earlier movements. In particular Nietzsche is frequently and positively compared to Jena Romanticism (also known as early Romanticism), a movement whose principal figures included August and Friedrich Schlegel, Novalis, Tieck, Schleiermacher, and Schelling, and the writings they published in the 1790s, principally in the journal, Athenaeum. It is this romantic movement that will be the focus of my paper. Jena romantics, while Grecophile, had nothing to do with Rousseauean primitivism (they were well aware that their image of the [End Page 501] Greeks reflected contemporary fantasies more than historical reality), they had no cult of the genius, and they did not valorize emotion above reason. 4 What was central to their movement was profound skepticism about the viability of traditional attitudes towards truth, an intellectually rigorous theory of art that gave particular weight to playfulness, fragmented writing, the notion of literary irony, a sense that the philosopher ought to be or become more of an artist (though not a genius)—and, correlatively, that philosophy is or ought to become more artistic. All of which sounds decidedly Nietzschean. Romanticizing Nietzsche While Nietzsche himself never makes the connection, he never explicitly distances himself from the authors of Jena romanticism in the way he does from later romantic figures. 5 Indeed, he barely mentions the Jena romantics by name and probably never read Friedrich Schlegel, the figure most closely associated with this romantic movement. 6 As such, there is certainly space for commentators to argue for a close if tacit intellectual connection between Nietzsche and Jena romanticism; indeed, one commentator speaks of a fundamental affinity, 7 another calls Nietzsche the last romanticist, and yet another claims that "[Nietzsche's] story makes sense only when read in the larger context of his Romantic predecessors' history." 8It is undeniable that Nietzsche came out of a philological tradition inaugurated by the Schlegels (and developed by Schelling) which juxtaposed the Dionysian and the Apollinian in Greek tragedy. According to Lacoue-Labarthe, "an entire tradition of academic philosophy (which, on his own initiative, Nietzsche had joined) revolved around precisely this opposition." 9 At least in [End Page 502] his earlier works Nietzsche's view of the Greeks was influenced by (if not predicated on) the scholarly research and interpretative theories of figures associated with Jena romanticism. How profound and enduring this influence might have been is an interesting question, but not one I will explore at present. I will not discuss the influence of the Jena romantics in their scholarly capacity as classical philologists, but rather focus on any impact they may have had as philosophically minded literary critics during the 1790s. Similarly, I will not look at The Birth of Tragedy but rather focus on claims made concerning the romantic tendencies of Nietzsche's later work. A body of scholarship has been building which claims that the critical theories of Jena... (shrink)

Nietzsche's late works are brilliant and uncompromising, and stand as monuments to his lucidity, rigour, and style. This volume combines, for the first time in English, five of these works: The Antichrist, Ecce Homo, Twilight of the Idols, Nietzsche contra Wagner, and The Case of Wagner. Here, Nietzsche takes on some of his greatest adversaries: traditional religion, contemporary culture, and above all his one-time hero, the composer Richard Wagner. His writing is simultaneously critical and creative, putting into (...) practice his alternative philosophical vision, which, after more than a hundred years, still retains its startling novelty and audacity. These new translations aim to capture something of the style and rhythm of the original German, so that the reader can get a sense of Nietzsche as not just a philosopher but also a consummate artist, capable of 'dancing with his pen', and as untimely as he claims to be. (shrink)

Debate about the responsibilities of affluent people to act to lessen global poverty has dominated ethics and political philosophy for forty years. But the controversy has reached an impasse, with the main approaches either demanding too much of ordinary mortals or else letting them off the hook. In Distant Strangers I show how a preoccupation with standard moral theories and with the concepts of duty and obligation have led philosophers astray. I argue that there are serious limits to what can (...) be demanded of ordinary human beings, but that this does not mean we must abandon the moral imperative to reduce poverty. Drawing on findings from behavioral economics and psychology, I show how we can motivate better-off people to lessen poverty without excessively taxing their moral virtue. And I argue that this approach is not just pragmatically but morally appropriate. (shrink)