The principle of respect for autonomy often dominates the bioethical discourse. Yet despite its prominence, the exact contours are not always well defined. Widespread disagreement about the nature of autonomy has led some to conclude that autonomy is hopelessly vague and therefore ought to be abandoned in contemporary bioethics. Despite calls to move beyond it, autonomy remains at the center of bioethical reflection. The challenge, then, if autonomy is to function as a bedrock of contemporary bioethics, is to define more (...) clearly the shape of autonomy, to mark more precisely its conceptual boundaries, and to delineate more carefully how best autonomy is put into practice in medical ethics. In this article, I raise questions about the ways autonomy is used in theory, as well as the ways that it is operationalized in practice. (shrink)

If bioethical questions cannot be resolved in a widely acceptable manner by rational argument, and if they can be regulated only on the basis of political decision-making, then bioethics belongs to the political sphere. The particular kind of politics practiced in any given society matters greatly: it will determine the kind of bioethical regulation, legislation, and public policy generated there. I propose approaching bioethical questions politically in terms of decisions that cannot be “correct” but that can be “procedurally legitimate.” Two (...) procedures in particular can deliver legitimate bioethical decisions, once combined: expert bioethics committees and deliberative democracy. Bioethics so understood can exceed bioethics as a moral project or as a set of administrative principles to regulate medical practice; it can now aspire to a democratic project that involves ordinary citizens as far as reasonably possible. I advance this argument in four steps: (1) using the example of human germline gene editing, (2) I propose a general understanding of proceduralism, and (3) then combine two types and (4) conclude with a defense of majoritarian proceduralism. I develop this argument in terms of one example: germline gene editing. (shrink)

Increasingly, western democratic countries are bearing witness to immigrant protest, that is, protest by immigrants who are dissatisfied with their status in the host community. In protesting, the immigrants object to the ways in which various laws and practices have proved to be obstacles to their full integration. Because immigrants, upon entering, have consented to abide by the rules and regulations of the host state, it might be thought that these forms of civil disobedience are, effectively, contract violations. Immigrants might (...) therefore be thought to have a particularly stringent duty to abide by the laws of their host state. This paper evaluates whether immigrants are indeed under a special duty to abide by the laws of their host state. First, it suggests that it is useful — although incomplete — to apply the device of the ‘contract’ to understanding the relationship between new immigrants and the host community. Second, it argues that there are limits to what can be demanded of and by immigrants as well as of and by host communities. It then turns to offering principles that help to evaluate the motivations of immigrant protestors, as well as that help guide their actions, when they believe that the community they have joined is treating them unjustly. These principles suggest that immigrant protest actions are subject to the restriction that they do not undermine the possibility of an inclusive democratic community. (shrink)

This article discusses a procedural, minimalist approach to justice in terms of fair hearing applicable to value conflicts at impasse in politics. This approach may be summarized in the Adversary Argumentation Principle (AAP): the idea that each side in a conflict should be heard. I engage with Stuart Hampshire’s efforts to justify the AAP and argue that those efforts have failed to provide normatively cogent foundations for it. I suggest deriving such foundations from a basic idea of procedural equality (all (...) parties in a conflict should be granted an equal chance to have a say) which all conflicting parties could be thought to endorse. But what happens once all parties have been heard if no agreement is reached? Borrowing a distinction well known to scholars of peace studies, but surprisingly neglected by justice-driven political philosophers, I claim that although the AAP might be inconclusive with regard to resolving a conflict, it is a promising principle for managing value conflicts justly. The AAP is thus considered anew through the lens of conflict management: as a principle of justice to characterize normatively the way conflicting parties should interact for their interaction to be morally justifiable to such parties with a view to changing antagonistic conflict dynamics into cooperative ones. (shrink)