The diagnosis of attention-deficit hyperactivity disorder is a subject of controversy, for a host of reasons. This paper seeks to explore the manner in which children's interests may be subsumed to those of parents, teachers, and society as a whole in the course of diagnosis, treatment, and labeling, utilizing a framework for children's citizenship proposed by Elizabeth Cohen. Additionally, the paper explores aspects of discipline associated with the diagnosis, as well as distributional pathologies resulting from the application of the diagnosis (...) in potentially biased ways. (shrink)

This article examines whether autonomy as an educational aim should be defended at the global scale. It begins by identifying the normative issues at stake in global autonomy education by distinguishing them from the problems of autonomy education in multicultural nation-states. The article then explains why a planet-wide expansion of the ideal of autonomy is conceivable on the condition that the concept of autonomy is widened in a way that renders its precise meaning flexibly adjustable to a variety of distinct (...) social and cultural contexts. A context-transcendent, core meaning of autonomy remains in place, however, according to which a person is only autonomous if she relates to the values and goals that direct her life in a way so that she sees them as her own and is able to identify and critically assess her principal reasons for action. Finally, the article addresses two challenges to the global expansion of autonomy education: the objection that autonomy is presently not the most important educational aim and the objection that global autonomy education is a form of cultural imperialism. It finds both objections wanting. (shrink)

In situations where we ought to tolerate what we morally disapprove of we are faced with the following moral conflict: we ought to interfere with X, we ought to tolerate X, we can do either, but we cannot do both. And the aim of this paper is to clarify the relationship between toleration as a value commitment and value pluralist and value monist approaches to moral conflict. Firstly, value monists side-step the moral conflict at the heart of toleration. Nonetheless, secondly, (...) it is not the case that toleration as a value commitment is entailed by value pluralism. Rather, the value pluralist line of argument that can be defended is that toleration is simply one value among others, that there is no general rule showing that it has priority over other values, but also that it cannot be excluded altogether as a value. (shrink)

How should liberal-democratic governments deal with emerging vaccination hesitancy when that leads to the resurgence of diseases that for decades were under control? This article argues that vaccination policies should be justified in terms of a proper weighing of the rights of children to be protected against vaccine-preventable diseases and the rights of parents to raise their children in ways that they see fit. The argument starts from the concept of the ‘best interests of the child involved’. The concept is (...) elaborated for this context into the dual regime structure in which parents have fiduciary authority over what they consider to be best for their child, and the state has fiduciary authority over a child’s basic interests. This argument leads to conditional mandatory vaccination programs that should be informed by a correct balancing of the two legal principles of proportionality and precaution. This results in contextual childhood vaccination policies of upscaling interference: a three-tiered approach of increased intrusion, from voluntary program when possible and mandatory or even compulsory programs when necessary to protect the child’s basic interests. (shrink)

Why, exactly, should we punish children who commit crimes more leniently than adults who commit the same offenses? Gideon Yaffe thinks it is because they cannot vote, and so the strength of their reasons to obey the law is weaker than if they could. They are thus less culpable when they disobey. This argument invites an obvious objection: why not simply enfranchise children, thereby granting them legal reasons that are the same strength as enfranchised adults, and so permitting similarly severe (...) punishment? Yaffe answers this question by arguing that child enfranchisement would objectionably undermine the values of political equality and self-government. This article explores some serious doubts about these arguments. It closes by questioning Yaffe’s reliance on a retributivist theory of punishment, contending that, once we reject retributivism in favor of more humane and productive alternatives, the thesis that child criminals deserve a break—which Yaffe assumes to be undeniably correct—becomes less plausible. (shrink)

A growing proportion of clinical research funded by pharmaceutical companies, high-income country research agencies, and not-for-profit funders is conducted in low- and middle-income settings. Disparities in wealth and access to healthcare between the populations where new interventions are often tested and those where many of them are ultimately marketed raise concerns about exploitation. This chapter examines several ethical requirements frequently advanced as mechanisms for protecting research subjects in underserved communities from exploitation and evaluates the effectiveness of those mechanisms as responses (...) to exploitation worries. It goes on to highlight where the conceptual frameworks relied upon by research ethicists must be improved if we are to fully understand the nature of the moral claims and obligations that arise in research conducted in underserved communities. (shrink)

The introduction of novel diagnostic techniques in clinical domains such as genomics and radiology has led to a rich ethical debate on how to handle unsolicited findings that result from these innovations. Yet while unsolicited findings arise in both genomics and radiology, most of the relevant literature to date has tended to focus on only one of these domains. In this article, we synthesize and critically assess similarities and differences between “scanning the body” and “sequencing the genome” from an ethical (...) perspective. After briefly describing the novel diagnostic contexts leading to unsolicited findings, we synthesize and reflect on six core ethical issues that relate to both specialties: terminology; benefits and risks; autonomy; disclosure of unsolicited findings to children; uncertainty; and filters and routine screening. We identify ethical rationales that pertain to both fields and may contribute to more ethically sound policies. Considerations of preserving public trust and ensuring that people perceive healthcare policies as fair also support the need for a combined debate. (shrink)

This paper attempts to square libertarian principles with the reality of formal education by asking how far we should and can allow people to do as they wish in educational settings. The major focus is on children in schools, as the concept ‘childhood’ ipso facto implies restrictions on doing as one wishes, and schools as institutions entail inevitable constraints. Children by definition tend to enjoy stronger protection rights but weaker liberty rights than adults. A local preferential calculus is developed as (...) a guide for teachers, suggesting wishes should be granted where feasible and at least welfare neutral. In the case of teachers, employers set the parameters for the feasibility criterion but should also ensure at least welfare neutrality, while students in adult and higher education should be responsible for the feasibility and welfare outcomes of their own choices. (shrink)

Pre-natal genetic enhancement affords us unprecedented capacity to shape our skills, talents, appearance and perhaps subsequently the quality of our lives in terms of overall happiness, success and wellbeing. Despite its powerful appeal, some have raised important and equally persuasive concerns against genetic enhancement. Sandel has argued that compassion and humility, themselves grounded in the unpredictability of talents and skills, would be lost. Habermas has argued that genetically altered individuals will see their lives as dictated by their parents’ design and (...) therefore will not acquire an appropriate self-understanding. How should we view enhancement efforts in light of these concerns? I propose that we begin by adopting a defeasibility stance. That is, I ask whether our belief that genetic enhancements serve in the best interests of the child is reason to genetically enhance, underscoring a sort of epistemic vulnerability. I utilize the epistemological notions of defeasible reasons, undercutting and overriding defeaters in order to better understand and systematically evaluate the force of such concerns. I argue that close examination of both objections using this framework shows that we have reason to enhance, a reason that is defeasible but as yet, undefeated. (shrink)

Educational practices which reinforce cultural diversity are often commended in the name of pluralism, though such practices may be condemned on the same grounds if they are seen as a threat to the fragile sense of political unity which holds a pluralistic society together. Therefore, the educational implications of pluralism as an ideal are often ambiguous, and the ambiguity cannot be resolved in the absence of a clear understanding of the particular civic virtues which a pluralistic society should engender. Two (...) influential conceptions of civic education which purport to affirm the ideal of pluralism are examined and both are found wanting. Liberal political theory proclaims the paramount importance of justice in public life, and justice can be construed in a way that accomodates diversity. However, the kind of civic education which liberalism entails does too little to restrain the centrifugal forces latent in cultural diversity. Communitarian political theory exalts civic friendship as the supreme public virtue, but the civic education it supports is compatible with only a highly attenuated cultural diversity. A third alternative is canvassed which combines the liberal stress on justice with a conception of patriotism distinct from civic friendship. The implications of this alternative for disputes about bias in public schools are briefly discussed. (shrink)

This article examines conceptions of autonomy outlined by Dearden, Callan, Dewey and Kerr and distinguishes between five conceptions, namely, belief autonomy, action autonomy, interest autonomy, purpose autonomy and social autonomy. While Kerr criticizes conceptions of autonomy which are not explicitly moral, this article argues that the emphasis in some philosophical literature has simply emphasized self-regarding virtues more than other-regarding virtues. Purpose autonomy is considered a rich conception of autonomy because it not only builds upon children’s interests but provides the initiative (...) and continuity to sustain interest even in challenging circumstances. (shrink)

Recalcitrant disputes among health care providers and patients or their families may signal deep cultural differences about what interventions are needed or about clinicians’s professional duties. These issues arose in relation to a mother’s request for hymenoplasty or revirgination for her minor daughter to enable an overseas, forced marriage and protect her from an honor killing. The American College of Obstetrics and Gynecology committee recommends against members performing a hymenoplasty or other female genital cosmetic surgeries due to a lack of (...) data concerning their safety and efficacy. A key issue in such cases is how to determine what is in the minor’s best interest and the scope of health care moral or professional’s duties. The Best Interests Standard can serve as a powerful moral tool for resolving cross-cultural disputes and identifying needed policy. (shrink)

In 2008 the Human Fertilisation and Embryology Act amendments made deliberately choosing to bring disability into the world, using assisted reproduction, a criminal offence. This paper considers whether the legal prohibition above, should influence other policy areas concerning the welfare of future children such as new possibilities presented by foetal surgery and in utero gene therapy. If we have legal duties to avoid disability in one context should this influence our avoidance of disability in this other context? This paper investigates (...) whether the State might have a stake in wider promotion of practices to reduce the degree of disability in foetuses that will come to exist. Not selecting for disability does not affect the welfare of any future individual, whereas treating in utero abnormalities can optimize the eventual child’s welfare; antenatal interventions stand to improve clinical outcomes and welfare should that specific child be born. I explore why the State may want to intervene in the antenatal setting and to what extent, if at all; the State should implement these technologies. I argue that if the State is justified in intervening to outlaw the choosing to create disabled lives using assisted reproductive techniques, it is also justified in putting pressure on prospective parents to accept therapies in utero to help their child be born less disabled. However, I qualify this with the argument that the State is not justified in using force or the criminal law in this situation during pregnancy. (shrink)

Para el transhumanismo, la humanidad es una etapa que, guiada por la evolución biológica, estuvo precedida por otras anteriores y a la que seguirán otras nuevas. Según el transhumanismo hemos de romper la inercia de causas ciegas que gobierna la evolución y, a través de la biotecnología, alcanzar lo que denominan una “vida mejor”. Los autores afines a esta corriente desarrollan sus propuestas negando la existencia de una naturaleza humana, pero sin abandonar la convicción de que resulta posible definir en (...) qué consiste una “vida mejor”. En este artículo analizamos la claridad y el rigor con la que presentan el fin último de su propuesta, la relación entre el fin y los medios planteados para alcanzarlo, y, finalmente, pondremos de manifiesto algunas inconsistencias derivadas de su rechazo de que la naturaleza humana pueda tener valor normativo. (shrink)

John Stuart Mill’s famous “harm principle” has been popular in the limitation of freedoms within human rights jurisprudence. It has been used formally in court cases and also informally in legal argumentation and conversation. Shortly, it is described as a very simple principle that amounts to the notion that persons are at liberty to do what they want as long as their actions do not harm any other person or society in general. This article questions whether it is legitimate to (...) use the harm principle in cases concerning the limitation of religious freedom within education. For example, can the exemption of a learner from sex education be denied based on the argument that such an exemption will cause harm? In order to answer this question, the meaning, origin and use of the harm principle are investigated. This article also discusses four main criticisms against the use of this principle in general and in cases of religious freedom of learners in education. (shrink)

This article brings together two debates in bioethics more substantively than has been the case until now. One is the methodological debate over "principlism," i.e., the theoretical framework for analyzing and solving ethical problems proposed by Beauchamp and Childress in Principles of Biomedical Ethics. The other is the normative debate about reproductive ethics, i.e., procreative rights and obligations in a time of pervasive opportunities for making detailed choices about the properties and capacities of future people. The obvious point of bringing (...) the debates together is to show how they can illuminate each other in fruitful ways consistent with the method of reflective equilibrium endorsed in PBE. Furthermore, discussions of reproductive ethics is almost absent in PBE, making it an interesting "test case" on how principlist theory can have an impact on and be affected by confrontations with new practices and considerations in biomedicine. Reproductive ethics is especially interesting due to the so-called non-identity considerations, which pose a challenge to common morality views on harm to and respect for persons. My focus is mainly on some methodological points about the import of concrete normative discussions for formulating basic normative principles. However, I unfold a number of substantial points in order to demonstrate this. It is my impression that most writers on principlism underestimate the effect of engaging with concrete problems. Specifically, I conclude that reflecting on procreative obligations provides strong reasons for specifying the basic principles in ways that uncover new dimensions of them and not just new applications. _Key words: _principlism, reproductive ethics, non-identity problem, nonmaleficence, respect for persons. (shrink)

What cognitive goods do children plausibly have a right to in an education? In attempting to answer this question, I begin with a puzzle centred around Joel Feinberg's observation that a denial of certain cognitive goods can violate a child's right to an open future. I show that propositionalist, dispositionalist and objectualist characterisations of the kinds of cognitive goods children have a right to, run in to problems. A promising alternative is then proposed and defended, one that is inspired in (...) the main by Wittgenstein's ‘hinge’ epistemology as developed in his posthumous On Certainty. (shrink)

This article critically surveys the current bioethical and politico-philosophical debate about the ethical permissibility of a so-called ‘liberal eugenics’ and argues that neither the liberal argument for nor the liberal argument against human genetic enhancement is internally consistent as, ultimately, each ends up violating the very liberal principles it nonetheless pretends to defend. In particular, it will be shown that while the argument against a new eugenics necessarily entails a preemptive dehumanization of any potential enhanced form of life, the argument (...) for it threatens to reduce any non-enhanced form of life to a “wrongful life” or a life not worth living. It will therefore be concluded that the specific stakes of this contentious issue cannot be grasped within a liberal conceptual framework. (shrink)

Thesis (Ph. D.)--University of Hawaii at Manoa, 1995.