This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in (...) the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)

"... a comprehensive canvass of Dewey’s logic, metaphysics, aesthetics, philosophy of history, and social thought."—Choice "... a major addition to the recent accumulation of in-depth studies of Dewey." —Journal of Speculative Philosophy "Larry Hickman has done an exemplary job in demonstrating the relevance of John Dewey’s philosophy to modern-day discussions of technology."—Ethics.

In "The Rule of Rules" Larry Alexander and Emily Sherwin examine this dilemma.

Being a patient and living a life -- Clinical space and traits of healing -- False starts and frequent failures -- Three journeys : A.'Ibuprofen and love', B. 'Staying tuned up', C. 'We all want the same things' -- Being a patient : the moral field -- Rethinking healthcare ethics : the patient's moral authority.

The Covid‐19 pandemic has concentrated bioethics attention on the “lifeboat ethics” of rationing and fair allocation of scarce medical resources, such as testing, intensive care unit beds, and ventilators. This focus drives ethics resources away from persistent and systemic problems—in particular, the structural injustices that give rise to health disparities affecting disadvantaged communities of color. Bioethics, long allied with academic medicine and highly attentive to individual decision‐making, has largely neglected its responsibility to address these difficult “upstream” issues. It is time (...) to broaden our teaching, research, and practice to match the breadth of the field in order to help address these significant societal inequities and unmet health needs. (shrink)

"This book maps the moral terrain in the grounded reality of human experience without relying on theories or systems of ethics as the primary orienting strategy. Moral awareness needs first to be appreciated for what it is before it is made to conform to theories or systems. And moral consciousness is not a steady or stable set of perceptions; as we change so do the moral challenges that most concern us"--.

It is difficult, if not impossible, to so define the term as to satisfy a subtle and metaphysical mind, bent on the detection of some point, however attenuated, upon which to hang a criticism. —Supreme Court of Virginia 1.

Much has been written about the importance of narrative in teaching ethics and humanities to medical students and residents, as well as the value of narratives in clinical care. Relatively little has been said about the essential role of narrative in bioethics consultations. For most consults, the interpretation of narratives is the central moral feature, and the ethics consultant is inevitably one of the narrators. In a recent consult in which I participated, at least three narratives were in play. The (...) medical record itself was a narrative, or really, a variety of narratives. A second distinct narrative was the story of why this case had come to be categorized as an ethical concern for the medical team. A third narrative was the tentative sketch running through my mind as a consultant‐partly factual, partly anticipatory and conjectural, inevitably personal‐about what was going on here. (shrink)

In this paper, it is argued that both the belief state and its input should be represented as epistemic entrenchment (EE) relations. A belief revision operation is constructed that updates a given EE relation to a new one in light of an evidential EE relation, and an axiomatic characterization of this operation is given. Unlike most belief revision operations, the one developed here can handle both multiple belief revision and iterated belief revision.

In March 1996, the General Accounting Office (GAO) issued the reportScientific Research: Continued Vigilance Critical to Protecting Human Subjects.It stated that “an inherent conflict of interest exists when physician-researchers include their patients in research protocols. If the physicians do not clearly distinguish between research and treatment in their attempt to inform subjects, the possible benefits of a study can be overemphasized and the risks minimized.” The report also acknowledged that “the line between research and treatment is not always cleartoclinicians. Controversy (...) exists regarding whether certain medical procedures should be categorized as research.”This problem currently plagues gene transfer research. A few months prior to the GAO report, an ad hoc committee appointed by National Institutes of Health (NIH) Director Harold Varmus expressed similar concerns in its assessment of NIH investment in research on gene therapy. (shrink)

In March 1996, the General Accounting Office (GAO) issued the reportScientific Research: Continued Vigilance Critical to Protecting Human Subjects.It stated that “an inherent conflict of interest exists when physician-researchers include their patients in research protocols. If the physicians do not clearly distinguish between research and treatment in their attempt to inform subjects, the possible benefits of a study can be overemphasized and the risks minimized.” The report also acknowledged that “the line between research and treatment is not always cleartoclinicians. Controversy (...) exists regarding whether certain medical procedures should be categorized as research.”This problem currently plagues gene transfer research. A few months prior to the GAO report, an ad hoc committee appointed by National Institutes of Health (NIH) Director Harold Varmus expressed similar concerns in its assessment of NIH investment in research on gene therapy. (shrink)

In a recent article in The Journal of Clinical Ethics, David Wendler argues that worries about the therapeutic misconception (TM) are not only misconceived, but detract from the larger agenda of a proper informed consent for subjects involved in clinical research. By contrast, we argue that Wendler mischaracterizes those who support TM research, and that his arguments are fragmentary, often illogical, and neglect a critical difference between clinical care and clinical research. A clear explanation about the chief aim of research (...) is, in fact, what gives the other elements in a consent process their meaning. We argue that informed consent must be both trial-specific and context-sensitive, and that concern about the TM is needed now more than ever. (shrink)

In March 1996, the General Accounting Office issued the report Scientific Research: Continued Vigilance Critical to Protecting Human Subjects. It stated that “an inherent conflict of interest exists when physician-researchers include their patients in research protocols. If the physicians do not clearly distinguish between research and treatment in their attempt to inform subjects, the possible benefits of a study can be overemphasized and the risks minimized.” The report also acknowledged that “the line between research and treatment is not always clear (...) to clinicians. Controversy exists regarding whether certain medical procedures should be categorized as research.”This problem currently plagues gene transfer research. A few months prior to the GAO report, an ad hoc committee appointed by National Institutes of Health Director Harold Varmus expressed similar concerns in its assessment of NIH investment in research on gene therapy. (shrink)

The American Journal of Bioethics, Volume 11, Issue 7, Page 15-16, July 2011.

Kant's relation to Hobbesian voluntarism has recently become a source of controversy for the interpretation of Kant's practical philosophy. Realist interpreters, most prominently Karl Ameriks, have attacked the genealogies of Kantian autonomy suggested by J. B. Schneewind and Christine Korsgaard as misleadingly voluntarist and unacceptably anti-realist. In this debate, however, there has been no real discussion of Kant's own views about Hobbes. By examining the relation of Hobbes' voluntarism to a kind of conventionalism, and through a reading of Kant's most (...) explicit discussion of Hobbes, in “Theory and Practice,“ 1 I argue that Kant's criticism of Hobbes is much more limited than it might first appear. Rather than rejecting Hobbes' voluntarism and conventionalism entirely, Kant ends up criticizing only Hobbes' understanding of the relation between these doctrines. The essay thus defends Schneewind's and Korsgaard's histories of modern moral philosophy, and raises doubts about realist readings of Kant's practical philosophy. (shrink)

Lauris Kaldjian makes a strong case for respecting the role of conscience in the practice of medicine. His excellent book, Practicing Medicine and Ethics, presents an historically informed and carefully crafted explication of the role of conscience in Western ethics and its relevance for medical practitioners. The essay that initiates the discussion in this issue of Perspectives in Biology and Medicine is an equally well-written and lucid account of this important component of morality. But it is also worrisome in its (...) implications for insulating conscience from the other facets of moral thinking and feeling. The reasons Kaldjian's account is not finally compelling stem from his tethering conscience too... (shrink)

Volume 19, Issue 11, November 2019, Page 63-64.

Our culture is well on its way to reducing medical ethics to legal requirements, general citizen ethics, or personal values. A distinctive ethic for medicine provides critical distance and moral meaning for the profession and an enriched societal ethic.

En este artículo se revisa el impacto que la formación en investigación tiene sobre los modos en que las decisiones metodológicas son asumidas y, más aún, sobre la propia concepción de metodología con la que se piensa y ejecuta una investigación en ciencias sociales. Precisamente, es desde el interior de este campo y desde la mirada sociológica, que se formulan algunas reflexiones en torno al propio habitus de investigador social, valiéndonos para ello de los aportes de Pierre Bourdieu.This article analyses (...) the impact of research training on the methodological decisions in the social sciences. Based on Bourdieu contributions, the main aim of the article is to think about the conditions in which the social researcher habitus is built. One of the central questions that organises the document is how methodological conceptions guiding research are influenced by the training received by researchers. (shrink)

Iconoclasts? Who, Us? A Reply to Dolinko Content Type Journal Article Category Original Paper Pages 1-7 DOI 10.1007/s11572-012-9143-3 Authors Larry Alexander, San Diego, CA, USA Kimberly Kessler Ferzan, Camden, NJ, USA Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791.

Edmund Pellegrino claims that medical ethics must be derived from a perception of the patient's damaged humanity, rather than from the self-imposed duties of professionals. This essay explores the meaning and examines the challenges to this patient-centered ethic. Social scientific and bioethical interpretations of medicine constitute one kind of challenge. A more pervasive challenge is the ascendancy of managed care, and especially investor-owned, for-profit managed care. A list of questions addressed to patients, physicians and organizations is offered as one means (...) of assessing this threat and moving toward morally trustworthy relationships. (shrink)

The author’sinterest goes to make the detailed exam of the changes of paradigms ofunderstanding, ends and means for it, in two historical examples happenedin the XVII century: the science and the right. Both examples are conceived as case studies which utility here is for responding to the question:..

This paper seeks to show that Achinstein's recent attempt to establish that both parties to the wave-particle debate in 19th-century optics were Bayesian conditionalizers forces us to ignore several of the key conceptual issues in that controversy-not least the role of the vera causa principle and, more important still, the role of positive evidence in securing acceptance for the wave theory of light.

Edward R. Murrow has often been mentioned as the model CBS newsman, a combination of integrity, common sense, sound news judgment, and good writing and delivery skills. Perhaps these qualities emerged from something beyond mere educational and technical competence; perhaps he had a ?theory?;, a larger view of the world and how things operate, or should operate. Murrow's early life is explored as origin of his theory and applications of his construct of ethics and integrity are discussed.

The age-rationing debate of fifteen years ago will inevitably reemerge as health care costs escalate. All age-rationing proposals should be judged in light of the current system of rationing health care by price in the U.S., and the resulting pattern of excess and deprivation. Age-rationing should be rejected as public policy, but recognized as a personal virtue of stewardship among the elderly.

The ethicist's role in the clinical context is not presently well defined. Ethicists can be thought of as moralists, technicians, Sophists, or as teachers and learners. Each of these roles is examined in turn. An argument is made for the ethicist as a teacher who must also learn a great deal about the clinical setting in order to encourage an effective critical examination of basic values. Four specific tasks of this teaching role are discussed: describing moral experience, eliciting assumptions, considering (...) multiple alternatives and justifying choices. (shrink)