Debates about the ethics of health care and medical research in contemporary pluralistic democracies often arise partly from competing religious and secular values. Such disagreements raise challenges of balancing claims of religious liberty with claims to equal treatment in health care. This paper proposes several mid-level principles to help in framing sound policies for resolving such disputes. We develop and illustrate these principles, exploring their application to conscientious objection by religious providers and religious institutions, accommodation of religious priorities in biomedical (...) research, and treatment of patients’ religious views in doctor–patient encounters. Given that no sound set of guiding principles yields precise solutions for every policy dispute, we explore how morally sound democracies might deliberatively resolve such policy issues, following our proposed principles. Taken together and carefully interpreted, these principles may help in guiding difficult decision making in the indefinitely large realm where government, medical providers, and patients encounter problems concerning religion and medicine. (shrink)
In this study, we examined moral issues and gender differences in ethical judgment using Reidenbach and Robin's [Journal of Business Ethics 9 639) multidimensional ethics scale . A total of 340 undergraduate students were asked to provide ethical judgment by rating three moral issues in the MES labeled: 'sales', 'auto', and 'retail' using three ethics theories: moral equity, relativism, and contractualism. We found that female students' ratings of ethical judgment were consistently higher than that of male students across two out (...) of three moral issues examined and ethics theories; providing support for Eagly's [1987, Sex Differences in Social Behavior: A Social-role Interpretation. ] social role theory. After controlling for moral issues, women's higher ratings of ethical judgment over men's became statistically non-significant. Theoretical and practical implications based on the study's findings are provided. (shrink)
Several prominent writers including Norman Daniels, James Sabin, Amy Gutmann, Dennis Thompson and Leonard Fleck advance a view of legitimacy according to which, roughly, policies are legitimate if and only if they result from democratic deliberation, which employs only public reasons that are publicised to stakeholders. Yet, the process described by this view contrasts with the actual processes involved in creating the Affordable Care Act and in attempting to pass the Health Securities Act. Since the ACA seems to be legitimate, (...) as the HSA would have been had it passed, there seem to be counterexamples to this view. In this essay, I clarify the concept of legitimacy as employed in bioethics discourse. I then use that clarification to develop these examples into a criticism of the orthodox view–that it implies that legitimacy requires counterintuitively large sacrifices of justice in cases where important advancement of healthcare rights depends on violations of publicity. Finally, I reply to three responses to this challenge: that some revision to the orthodox view salvages its core commitments, that its views of publicity and substantive considerations do not have the implications that I claim and that arguments for it are strong enough to support even counterintuitive results. My arguments suggest a greater role for substantive considerations than the orthodox view allows. (shrink)
This symposium collects together five essays reflecting on The Phenomenology of Moral Normativity by William H. Smith. This work is an original monograph bridging the phenomenological tradition and contemporary moral theory in an attempt to articulate a phenomenological theory of moral normativity. The first piece in the symposium, by Smith, offers a précis of the book’s argumentative structure, including its central theses, methodological commitments, and pluralistic orientation. The next three pieces provide critical assessments of the book’s major narrative turns: Therese (...) Cory writes in defense of moral realism and the third-person perspective, in response to Smith’s use of Korsgaard in the opening chapters of his book; Apple Igrek wonders whether the post-modern radicality of Levinas’s ethics have been compromised by Smith’s appropriation of Levinas; and Matthew Rellihan contends that Smith’s purported phenomenological theory of morality is inconsistent with a rigorous application of the phenomenological method. In the final piece, Smith responds to each critic in turn. This last offering defends Smith’s two-fold grounding of morality in a phenomenological account of the self and our responsibility to others, a reimagining of Heidegger’s fundamental ontology in light of Levinas’s ethical metaphysics. The theory unites authenticity with the face-to-face encounter, resoluteness with first-person reflective endorsement, and infinite responsibility to the other with second-personal address. These essays were first delivered at an author-meets-critics session hosted at Seattle University in the winter of 2012, then substantially revised and updated for this publication. (shrink)
The topic of this book is a fundamental philosophical question: why should I be moral? Philosophers have long been concerned with the legitimacy of morality's claim on us, especially with morality's ostensible aim to motivate certain actions of all persons unconditionally. While the problem of moral normativity - that is, the justification of the binding force of moral claims - has received extensive treatment analytic moral theory, little attention has been paid to the potential contribution that phenomenology might make to (...) this central debate in metaethics. -/- In The Phenomenology of Moral Normativity, William H. Smith takes up the question of morality's legitimacy anew, drawing contemporary moral philosophers, particularly Christine Korsgaard and Stephen Darwall, into conversation with present-day phenomenologists like John Drummond and the phenomenological philosophy of Edmund Husserl, Martin Heidegger, and Emmanuel Levinas. -/- The results of this juxtaposition are surprising: utilizing a two-part account of moral normativity, Smith contends that the ground of morality itself is second-personal, rooted in the ethical demand intrinsic to other persons, while the ground for particular moral-obligations is first-personal, rooted in the subject's avowal or endorsement of certain moral norms within a concrete historical situation. Thus, Smith argues that phenomenological analysis allows us to make sense of an idea that has long held intuitive appeal, but that modern moral philosophy has been unable to render satisfactorily, namely, that the normative source of valid moral claims is simply other persons and what we owe to them. (shrink)
Despite the fact that psychedelics were proscribed from medical research half a century ago, recent, early-phase trials on psychedelics have suggested that they bring novel benefits to patients in the treatment of several mental and substance use disorders. When beneficial, the psychedelic experience is characterized by features unlike those of other psychiatric and medical treatments. These include senses of losing self-importance, ineffable knowledge, feelings of unity and connection with others and encountering ‘deep’ reality or God. In addition to symptom relief, (...) psychedelic experiences often lead to significant changes in a patient’s personality and worldview. Focusing on the case of psilocybin, we argue that the peculiar features of psychedelics pose certain novel risks, which warrant an enhanced informed consent process–one that is more comprehensive than what may be typical for other psychiatric medications. We highlight key issues that should be focused on during the consent process and suggest discussion prompts for enhanced consent in psychedelic psychiatry. Finally, we respond to potential objections before concluding with a discussion of ethical considerations that will arise as psychedelics proceed from highly controlled research environments into mainstream clinical psychiatry. (shrink)
Kimberley Brownlee’s Conscience and Conviction offers a powerful defence of civil disobedience as a conscientious and communicative mode of protest. The overall argument of the book is important and compelling, but this critical commentary explores certain aspects of Brownlee’s view that warrant further consideration and clarification. Those aspects relate to her suggestion that civil disobedience is a dialogic mode of communication, her attempt to ground a moral right of civil disobedience in a principle of humanism, and her belief that the (...) right establishes a defeasible moral claim against all forms of interference. (shrink)
This paper develops a theory of civil disobedience informed by a deliberative conception of democracy. In particular, it explores the justification of illegal, public and political acts of protest in constitutional deliberative democracies. Civil disobedience becomes justifiable when processes of public deliberation fail to respect the principles of a deliberative democracy in the following three ways: when deliberation is insufficiently inclusive; when it is manipulated by powerful participants; and when it is insufficiently informed. As a contribution to ongoing processes of (...) public deliberation, civil disobedience should be carried out in a way that respects the principles of deliberative democracy, which entails a commitment to persuasive, non-violent forms of protest. (shrink)
With what right and with what meaning does Heidegger use the term 'truth' to characterize Dasein's disclosedness? This is the question at the focal point of Ernst Tugendhat's long-standing critique of Heidegger's understanding of truth, one to which he finds no answer in Heidegger's treatment of truth in §44 of Being and Time or his later work. To put the question differently: insofar as unconcealment or disclosedness is normally understood as the condition for the possibility of propositional truth rather than (...) truth itself, what does it mean to say - as Heidegger does - that disclosedness is the "primordial phenomenon of truth" and what justifies that claim? The central aim of this paper is to show that Tugendhat's critique remains unanswered. Recent Heidegger scholarship, though it confronts Tugendhat, has not produced a viable answer to his criticism, in part because it overlooks his basic question and therefore misconstrues the thrust of his objections. Ultimately, the paper suggests that what is needed is a re-evaluation of Heidegger's analysis of truth in light of a more accurate understanding of Tugendhat's critique. The paper concludes by sketching the profile of a more satisfactory reply to Tugendhat's critical question, advocating a return to Heidegger's 'existential' analyses in Being and Time in order to locate the normative resources Tugendhat finds lacking in Heidegger's concept of truth. (shrink)
This volume presents discussions on a wide range of topics focused on eco-phenomenology and the interdisciplinary investigation of contemporary environmental thought. Starting out with a Tymieniecka Memorial chapter, the book continues with papers on the foundations, theories, readings and philosophical sources of eco-phenomenology. In addition, it examines issues of phenomenological anthropology, ecological perspectives of the human relationship to nature, and phenomenology of the living body and the virtual body. Furthermore, the volume engages in a dialogue with contemporary behavioral sciences on (...) topics such as eco-alienation, sustainability, and the human relationship to the earth in the context of the cosmos. (shrink)
This article examines Hannah Arendt’s bold and provocative proposal to institutionalize civil disobedience. First, I argue that the proposal follows from Arendt’s peculiar interpretation of this mode of protest. She sees it as an unexpected yet welcome echo of the revolutionary spirit that accompanied the foundation of the American republic. In seeking to bring civil disobedience into government, she aims to embed this spirit within the very institutional fabric of the polity. Second, I suggest that we have strong reasons to (...) take the proposal seriously as an account of how the constitutional state should respond to dissenting minorities. The call to institutionalize civil disobedience can be defended as an approach that is different to — and ultimately more appealing than — familiar liberal and democratic perspectives on this issue. (shrink)
The aim of this article is to contribute to the elaboration of a deliberative approach to global institutional design. A deliberative approach aims to embed processes of mutual reason-giving at the heart of international relations and global decision-making. The theoretical framework that orientates this discussion is the liberal approach to international law developed by John Rawls. It may seem strange to invoke this model: after all, Rawls does not specifically discuss the issue of global institutional design and indeed has been (...) widely criticized for neglecting this topic. In fact, in its account of global public reason, Rawls's approach can be shown to contain important and surprisingly neglected resources for constructing a dynamic and inclusive theory of global deliberative politics. (shrink)
This paper develops a critical analysis of deliberative approaches to global governance. After first defining global governance and with a minimalist conception of deliberation in mind, the paper outlines three paradigmatic approaches: liberal, cosmopolitan, and critical.
In this article, it is argued that cosmopolitans should elucidate the qualities and dispositions, or ‘virtues’, associated with the ideal of cosmopolitan citizenship. Bryan Turner's suggestion that cosmopolitan virtue should be identified as a type of ‘Socratic irony’, which enables individuals to achieve distance from their homeland or way of life, is explored. While acknowledging the attractions of his account, certain limitations which indicate the need to generate a richer theory of cosmopolitan virtue are identified. To that end, an alternative (...) picture of cosmopolitan virtue is presented by drawing on Hannah Arendt's ideas of ‘world’ and ‘worldliness’. It is argued that cosmopolitan virtue involves the adoption of a self-reflexive mode of being in the world, the cultivation of a heightened care or feeling for the world, and the ability to adopt certain skills in the manner of our disclosures to the world. (shrink)
In late January of 1987, the State Treasurer of Pennsylvania, R. Budd Dwyer, shot himself to death in front of a dozen reporters and camera crews during a news conference in his office. Much was subsequently made in the popular press, and within the profession, about the difficult ethical decision television journalists were faced with in determining how much of the very graphic suicide tape to air. A review of the literature in this area suggests, however, that journalists have established (...) a set of relatively detailed conventions for dealing with events involving graphic depictions of death. Analysis of the Dwyer tape and interviews conducted with Pennsylvania television news directors show that eighteen of the twenty stations in the state that carry news used basically the same type and amount of footage in their evening newscasts. One decided to use no tape. One showed the moment of death. When the story broke around noon, two additional stations showed the moment of suicide, but they revised their story for the evening program. In addition, the wide majority of news directors interviewed said they had little difficulty in deciding how to edit the tape. The processing of the Dwyer story suggests that any ethical dilemmas faced by journalists during decision making were put aside for later consideration. The material was edited quickly and according to similar patterns, or conventions, around the state. The study suggests greater attention be given to the definition and interaction of personal professional values, in the ethical sense, and norms of news processing, in the sociological sense. (shrink)
In this article, I assess Jürgen Habermas’s defence of civil disobedience as ’the guardian of legitimacy’ in democratic societies. I suggest that, despite its appeal, the defence as it stands is incomplete. The problem relates to his account of the justification of this mode of protest. Although Habermas wants to defend civil disobedience as a response to inadequacies in deliberative democratic procedures, he does not provide us with a clear and compelling account of these inadequacies. In order to provide such (...) an account, I examine the various ways in which the illegitimate circulation of social power can distort democratic processes. Civil disobedience can be seen as a legitimate response to inequalities in social power, a defence that builds on the strengths of Habermas’s approach while transcending its limitations. [PUBLICATION ABSTRACT]. (shrink)
In this study, we explored student team debates as a tool in teaching a business ethics course using a sample of upper level undergraduate business students enrolled in two sections of a business ethics course in the U.S. Eight teams each consisting of 4-5 students debated four topics throughout the spring semester of 2016. Their oral arguments were evaluated in the classroom by their non-debating peers. Results showed that after watching the debates, non-debating students changed their position on three out (...) of four debate issues. Further, we found that non-debating students discounted their political orientation in judging which team won the debate. We offer a discussion and implications on teaching business ethics using team debates. (shrink)
Psychological contracts represent perceived reciprocal obligations between an employer and an employee. Most research has focused on employee or employer rights (the entitlement side of the obligation equation). We examine the responsibilities inherent in psychological contracts. After reviewing the moral aspect of psychological contracts, we use the issue of tenure as a discussion point for this topic.
Have social media sites like Facebook become such a significant part of our social fabric that people face negative consequences for not joining and sharing? What role does a right to privacy play in circumstances where self-disclosure is the norm? We surveyed students about teammate preferences for team members based on information availability and Facebook membership. Students report a strong preference for teammates for whom there is information and Facebook participation.
Using the lens of neo-localism and sustainable livelihoods, this paper considers the process and outcomes achieved through networks of locally-based entrepreneurs. Guided by a grounded theory approach, interviews with several entrepreneurs in the Sustainable Business Network of Philadelphia were conducted. Based on these findings, we were able to identify eight strategies that provided benefits to the firms and the broader network. These strategies further enhanced in the livelihood assets of the community, including human, social, financial, natural, and physical capital.
Psychiatric research often poses special ethical concerns. This chapter first provides historical context, including scandals that stoked public concern about psychiatric research and led to the promulgation of canonical documents and bioethics scholarship, and then explores issues related to the decision-making capacity and safety of participants—including the use of placebos and washout periods, the design of suicide prevention studies, and research in emergency psychiatry. The chapter then describes how shifting models of psychiatric nosology have precipitated conflicts in the determination of (...) research priorities. Finally, the chapter attends to emerging issues related to research in psychedelic psychiatry and the use of artificial intelligence and social media by investigators. (shrink)
This article evaluates mini-publics as a potential means of realizing deliberative democratic values in transnational contexts. A mini-public is a group of citizens that is chosen by random or near-random selection to debate matters of public concern in a suitably structured deliberative environment. The argument of the article is that mini-publics can be an important deliberative resource, but only as supplements to rather than replacements for alternative means of reforming transnational institutions. These forums can be used to prefigure transnational publics, (...) but entrenched institutional assumptions about the delineation and definition of these publics must be subject to critical scrutiny by other elements of a transnational deliberative system. This argument is developed through a critical engagement with the literature on mini-publics, an analysis of a prominent example of a transnational mini-public, and a defense of the role of civil society as a resource for counteracting the shortcomings of mini-publics. (shrink)
The location for the 2006 annual meeting provides an excellent opportunity to consider the interplay between important topics in our discipline and a new country setting. This paper presents a brief historical overview on how public policy shaped the Mexican film industry since the 1960s. An examination of seven recent Mexican films identifies several themes of interest to business and society scholars.