Two significant, apparently unrelated, trends have emerged in American society and medicine. First, American medicine is reexamining its approach to dying. The Institute of Medicine, the American Medical Association and private funding organizations have recognized that too many dying people suffer from pain and other distress that clinicians can prevent or relieve. Second, this past decade has marked a sharp increase in the number of physicians prosecuted for criminal negligence based on arguably negligent patient care. The case often cited as (...) a watershed is People u. Einaugfer, which involved a New York nursing home patient whose physician was convicted in 1993 of two criminal misdemeanors after he ordered an elderly dialysis patient to be tube fed through a peritoneal dialysis Catheter.How is the growing awareness of dying patients’ pain and the increasing willingness of prosecutors to charge physicians with crimes connected? Pain at the end of life is frequently treated with narcotics, prescription drugs that are closely regulated by state and federal law. That complex web of laws—and a growing fear of legal sanctions—has deterred physicians from prescribing controlled substances. As those legal sanctions move from disciplinary actions to criminal charges, physicians’ fears may expand. (shrink)

Engaging a listener’s trust imposes moral demands upon a presenter in respect of truthtelling and completeness. An agent lies by an utterance that satisfies what are herein defined as signal and mendacity conditions; an agent deceives when, in satisfaction of those conditions, the agent’s utterances contribute to a false belief or thwart a true one. I advert to how we may fool ourselves in observation and in the perception of our originality. Communication with others depends upon a convention or practice (...) of presumed nonuniversal truthfulness. In support of an asserted duty of nondeceptiveness, I offer a reconciliation of pertinent Kantian passages, a sketch of arguments within utilitarianism, contractarianism, and other views, and an account arguing for application of that duty to assertions, implicatures, omissions, equivocation, prevarication, and sophistry insofar as they affect listeners’ doxastic states. For scholarship, this duty is exceptionless. I describe the kernel of intellectual honesty as a virtuous disposition such that when presented with an incentive to deceive, the agent will not deceive. Intellectual honesty delivers candor when it counts. I contrast this with complementary virtues and the surpassing virtue of ingenuousness. An account is given of the connection between intellectual honesty and an influential physical model of integrity. (shrink)

The concept of warrant reflects Toulmin's general insights that validity in reasoning comes in many forms, and that reasoning in most fields cannot possess the necessity and certainty characteristic of the 'Rationalist' paradigm. However, there is a scarcity of concepts in one part of Toulmin's theory of argument. While the pedagogical applications of Toulmin's model offer a fine-grained system of warrant types for propositions, they have only one category of warrant for practical claims – the 'motivational' warrant. Fortunately, ancient rhetorical (...) thinking can help us correct this insufficiency. For example, the author of the rhetorical textbook used by Alexander the Great proposed a typology of practical warrants. His approach highlights what I propose to call the 'multidimensionality', and hence what modern moral philosophers call the 'incommensurability' of warrants – the absence of a common measure allowing for a 'rational' balancing of conflicting warrants. The widespread occurrence of multidimensionality in practical argument lends support to Toulmin's general anti-rationalist view of reasoning. Moreover, while multidimensionality prevents 'rational' balancing, it legitimizes and even necessitates the use of rhetoric in practical reasoning. (shrink)

In this article, I present a new interpretation of the pro-life view on the status of early human embryos. In my understanding, this position is based not on presumptions about the ontological status of embryos and their developmental capabilities but on the specific criteria of rational decisions under uncertainty and on a cautious response to the ambiguous status of embryos. This view, which uses the decision theory model of moral reasoning, promises to reconcile the uncertainty about the ontological status of (...) embryos with the certainty about normative obligations. I will demonstrate that my interpretation of the pro-life view, although seeming to be stronger than the standard one, has limited scope and cannot be used to limit destructive research on human embryos. (shrink)

Different philosophers tried ways to restore the role of reason in ethics. This shift in the philosophical climate was influenced by--or was at least in accordance with--the thought of the later Wittgenstein. In particular, this article will consider the relevance of Wittgenstein for cognitivist views, such as that of S. Toulmin, relativist like G. Harman, and British moral realists like S. Lovibond and J. McDowell. In fact, Wittgenstein is one of the founding fathers of antifoundationalism. He gives us the hopeful (...) insight that the end of foundationalism does not necessarily imply the end of moral philosophy but must be considered a new start of it. (edited). (shrink)

This paper identifies a type of multi-source (case-based) reasoning and differentiates it from other types of analogical reasoning. Work in cognitive science on mental space mapping or conceptual blending is used to better understand this type of reasoning. The type of argument featured herein will be shown to be a kind of source-blended argument. While it possesses some similarities to traditionally conceived analogical arguments, there are important differences as well. The triple contract (a key development in the usury debates of (...) the fifteenth and sixteenth centuries) will be shown to make use of source-blended arguments. (shrink)

ABSTRACTThis paper consists of a story about unorthodox assessment procedures in theology, and a discussion of their implications. Among the issues raised are the possibility of testing values, the relationship of test validity to test reliability and ethical questions involved in assessment.

Reasoners compare problems to prior cases to draw conclusions about a problem and guide decision making. All Case-Based Reasoning (CBR) employs some methods for generalizing from cases to support indexing and relevance assessment and evidences two basic inference methods: constraining search by tracing a solution from a past case or evaluating a case by comparing it to past cases. Across domains and tasks, however, humans reason with cases in subtly different ways evidencing different mixes of and mechanisms for these components.In (...) recent CBR research in Artificial Intelligence (AI), five paradigmatic approaches have emerged: statistically-oriented, model-based, planning/design-oriented, exemplar-based, and adversarial or precedent-based. The paradigms differ in the assumptions they make about domain models, the extent to which they support symbolic case comparison, and the kinds of inferences for which they employ cases. (shrink)

In her short story “Stable Strategies for Middle Management,” Eileen Gunn imagines a future in which Margaret, an office worker, seeks radical genetic enhancements intended to help her secure the middle-management job she wants. One source of the story’s tension and dark humor is dramatic irony: readers can see that the enhancements Margaret buys stand little chance of making her life go better for her; enhancing is, for Margaret, probably a prudential mistake. This paper argues that our positions in the (...) real world are sufficiently similar to Margaret’s position in Gunn’s fictional world that we should take this story seriously as grounding an argument from analogy for the conclusion that radical genetic enhancements are, for us, probably a prudential mistake. The paper then defends this method. When the question at hand is one of speculative ethics, there is no method better fit to the purpose than argument from analogy to speculative fiction. (shrink)

Christian Kock’s essays show the essential interconnectedness of practical reasoning, rhetoric and deliberative democracy. They constitute a unique contribution to argumentation theory that draws on – and criticizes – the work of philosophers, rhetoricians, political scientists and other argumentation theorists. It puts rhetoric in the service of modern democracies by drawing attention to the obligations of politicians to articulate arguments and objections that citizens can weigh against each other in their deliberations about possible courses of action.

How do we make good moral decisions? There is a tendency to answer this question by developing methods and procedures of moral decision making. In this paper I will show some limits and pitfalls of this approach. Good moral decisions need to take into account factors which cannot be codified into procedures. I draw attention to how analyzing the type of context is a necessary preamble for a better handling of procedures.

This essay argues on behalf of a hybrid theory for an ethics of self-defense understood as the Forfeiture-Partiality Theory. The theory weds the idea that a malicious attacker forfeits the right to life to the idea that we are permitted to prefer one's life to another's in cases of involuntary harm or threat. The theory is meant to capture our intuitions both about instances in which we can draw a moral asymmetry between attacker and victim and cases in which we (...) cannot. I develop the theory by attending to instances of intentional, villainous harm and instances of involuntary danger—the latter of which are a matter of bad luck. I call some bad luck cases "Interpersonal Lottery Conflicts." These cases refer to potentially lethal conflicts into which parties are thrown as victims of circumstance. Although neither party has a moral advantage over another, that fact does not preclude permissible self-defense. (shrink)

A dispute exists about whether bioethics should become a new discipline with its own methods, competency standards, duties, honored texts, and core curriculum. Unique expertise is a necessary condition for disciplines. Using the current literature, different views about the sort of expertise that might be unique to bioethicists are critically examined to determine if there is an expertise that might meet this requirement. Candidates include analyses of expertise based in "philosophical ethics," "casuistry," "atheoretical or situation ethics," "conventionalist relativism," "institutional guidance," (...) "regulatory guidance and compliance," "political advocacy," "functionalism," and "principlism." None succeed in identifying a unique area of expertise for successful bioethicists that could serve as a basis for making it a new discipline. Rather expertise in bioethics is rooted in many professions, disciplines and fields and best understood as a second-order discipline. (shrink)

This paper discusses the importance of Richard M. Zaners work on clinical ethics for answering the question: what kind of doing is ethics consultation? The paper argues first, that four common approaches to clinical ethics – applied ethics, casuistry, principlism, and conflict resolution – cannot adequately address the nature of the activity that makes up clinical ethics; second, that understanding the practical character of clinical ethics is critically important for the field; and third, that the practice of clinical ethics is (...) bound up with the normative commitments of medicine as a therapeutic enterprise. (shrink)

Vom biblischen Gleichnis des barmherzigen Samariters über die Stilisierung von Figuren wie Mahatma Gandhi bis hin zur medialen Inszenierung von Spendengalas oder heldenhaften Rettungsaktionen – unsere Kultur- und Zeitgeschichte kennt viele Erzählungen von Personen, die anscheinend mehr tun, als moralisch geboten ist und denen dafür hohe Anerkennung zukommt. Aber auch im Alltag werden wir mit Handlungsweisen konfrontiert, die wir in besonderem Maße lobenswert finden, deren Unterlassung hingegen nicht tadelnswert; man denke etwa an besondere Freundlichkeit, Akte des Verzeihens oder auch ehrenamtliche (...) Leistungen. Diese Phänomene scheinen – wenigstens in westlichen Kulturkreisen – einen wichtigen Teil der moralischen Erfahrungen auszumachen. Um unserer moralischen Praxis an dieser Stelle Rechnung zu tragen, wird oftmals so argumentiert, dass diese Phänomene eine eigenständige Handlungskategorie konstituierten, nämlich die der Supererogation. Unter supererogatorischen Handlungen werden dabei solche verstanden, die zwar moralisch gut, nicht jedoch moralisch geboten sind. Dabei ist auffällig, dass die Supererogationsdebatte wie kaum eine andere in der Moralphilosophie durch die Erzählung von konkreten Fällen geprägt zu sein scheint, doch was sollen und was können diese in methodischer Hinsicht leisten und was nicht? Es wird zunächst gezeigt, dass diesen mindestens drei Funktionen zukommen: erstens dienen sie der Veranschaulichung und Etablierung des Forschungsgegenstandes; zweitens dienen sie als Bezugspunktes für bestimmte moralische Intuitionen und Praxen und somit gleichsam der intuitiven Unterstützung von Existenzargumenten einer Kategorie der Supererogation; drittens dienen sie als Reflexionsmediums zur Untersuchung des Konzepts der Supererogation. Der Verweis auf konkrete Fälle unserer moralischen Praxis mag nun zweifelsohne Anlass dazu geben, sich mit den Phänomenen im Rahmen moralphilosophischer Überlegungen auseinanderzusetzen, jedoch ist er für sich betrachtet nicht hinreichend dafür, Supererogation als Handlungskategorie zu etablieren. Die eigentliche Leistungsfähigkeit, so die hier vertretene These, entwickeln die Erzählungen konkreter Fälle mit Blick auf ihren Beitrag zur Konzeptanalyse. Solche narrativen Theorieelemente lassen sich an dieser Stelle nicht ohne weiteres aussparen, da supererogatorische Handlungen am besten als Grenzsituationen des moralischen Handelns zu verstehen sind. Vermittelt über Erzählungen lässt sich daher erst ein umfassender Zugang zu den Phänomenen und insbesondere der Perspektive der Handelnden selbst erlangen. (shrink)

Ruiping Fan; The Memoirs of a Pagan Sojourning in the Ruins of Christendom, Christian bioethics: Non-Ecumenical Studies in Medical Morality, Volume 5, Issue 3.

While bioethics as a field has concerned itself with methodological issues since the early years, there has been no systematic examination of how ethics is incorporated into research on the Ethical, Legal and Social Implications of the Human Genome Project. Yet ELSI research may bear a particular burden of investigating and substantiating its methods given public funding, an explicitly cross-disciplinary approach, and the perceived significance of adequate responsiveness to advances in genomics. We undertook a qualitative content analysis of a sample (...) of ELSI publications appearing between 2003 and 2008 with the aim of better understanding the methods, aims, and approaches to ethics that ELSI researchers employ. We found that the aims of ethics within ELSI are largely prescriptive and address multiple groups. We also found that the bioethics methods used in the ELSI literature are both diverse between publications and multiple within publications, but are usually not themselves discussed or employed as suggested by bioethics method proponents. Ethics in ELSI is also sometimes undistinguished from related inquiries. (shrink)

Although philosophers often focus on the essays of Leopold's Sand County Almanac, especially "The Land Ethic," there is also a normative argument present in the stories that comprise most of the book. In fact the shack stories may be more persuasive, with a subtlety and complexity not available in his prose piece. This paper develops a narrative ethics methodology gleaned from rhetoric theory, and current interest in narrative ethics among literary theorists, in order to discern the normative underpinnings of the (...) stories in Part 1. The narrative ethics approach sidesteps the need to ground the land ethic in ethical theory—which has been a reconstructive and problematic task for the philosophical interpreters of Leopold—and suggests, instead, that it emerges in Leopold's very effort to narrate his, professional, personal, and practical experience with nature. The involves examining the stories in terms of their emotional, logical and performative aspects. The result is an analysis that shows not only how these stories express normative claims, but also justify them. One conclusion of the analyses is that, in the narratives, there is less emphasis on the problematic notion of an over-arching "community" than in the prose pieces, and more emphasis on the metaphor of other living things as "fellow travelers" in the "odyssey of evolution." Second, the narratives take on an ironic attitude toward the ecological order, less discernable in the prose essays. The order itself may not be ethically admirable, but should be preserved since it makes possible any ethical relations within it. Thus, the narrative reading suggests some temperance to the usual holistic interpretation of his land ethic and its concomitant criticisms especially the charge of ecofacism. We should not take the land ethic imperative at its face value, in the sense that the good of the order itself is an intrinsic good. In the narratives, individuals are shown not merely to be means to the ecological whole, but the focus of sympathy and concern, in a manner that demands their good should also be an object of moral consideration. (shrink)

In Applied Ethics, methodology refers to the method of justification and solution of moral issues. There are three main methods in this area that have risen in contrast to one another: the first method is syllogism which emphasizes the importance of moral theories and their application in justifying moral issues and employs an ascending view; the second method is inductivism which has a particularistic and anti-theory approach and supports a descending view; the third method is principalism, which tries to strike (...) a balance between the two views while maintaining a moderate view towards the application of the major moral theories in practice, and in this way find a cohesive solution. The topic of discussion in this paper is the second method i.e. inductivism. This method focuses on practical decisions regarding particular cases where the verdict cannot simply be put under general norms. The advocates of this method have formally recognized various forms of induction, the most important and comprehensive of which are as follows: case study or a study of particular circumstances and states, narrative ethics and some expositions of virtue ethics. This article is dedicated to the discussion and study of dedicated case study and tries to show the pros and cons of this approach clearly. (shrink)

The four principles approach to medical ethics plus specification is used in this paper. Specification is defined as a process of reducing the indeterminateness of general norms to give them increased action guiding capacity, while retaining the moral commitments in the original norm. Since questions of method are central to the symposium, the paper begins with four observations about method in moral reasoning and case analysis. Three of the four scenarios are dealt with. It is concluded in the “standard” Jehovah’s (...) Witness case that having autonomously chosen the authority of his religious institution, a Jehovah’s Witness has a reasonable basis on which to refuse a recommended blood transfusion. The author’s view of the child of a Jehovah’s Witness scenario is that it is morally required—not merely permitted—to overrule this parental refusal of treatment. It is argued in the selling kidneys for transplantation scenario that a fair system of regulating and monitoring would be better than the present system which the author believes to be a shameful failure. (shrink)

In this paper it is shown how tools developed in argumentation theory and artificial intelligence can be applied to the development of a new dialectical analysis of the speech act of making a proposal in a deliberation dialogue. These tools are developed, modified and used to formulate dialogue pre-conditions, defining conditions and post-conditions for the speech act of making a proposal in a deliberation dialogue. The defining conditions set out what is required for a move in a dialogue to count (...) as the making of a proposal by one of the parties. What is required are the conditions that (1) the move fit the requirements of the argumentation scheme for practical reasoning, and (2) the premises are propositions describing common goals of both parties or propositions that they reasonably consider means to achieve these goals. The analysis goes beyond the standard speech act approach by specifying not only the normative requirements for making a well-formed proposal, but also the requirements for responding to it by questioning or criticizing it, and the requirements for defending it. (shrink)

Clinical ethics refers to an emerging field in clinical medicine that focuses on the process of ethical decision-making in a clinicalsetting. It has developed as a result of a growing awareness that modern medicine – characterized by technological progress, culturaldiversity and social challenges – is posing a range of new “ethical dilemmas” that medical science alone cannot solve. For thisreason, clinical ethics is often linked to “ethics consultation,” which consists of services provided by an individual ethicist, ethicsteam or committee to (...) address the ethical issues involved in a specific clinical case. Although clinical ethics developed in the beginningmainly as a methodological analysis to arrive at a justification for clinical ethical decisions, it quickly has become clear thatthe difficulty in clinical decision-making is only one aspect of wider ethical problems pertaining to the doctor-patient relationshipas a whole and, most likely, to the core value of the medical profession. The principles method is usually presented as the mostpopular methodological approach to an analysis of clinical cases. However, strong criticism of this model has been voiced, and otheralternative approaches are referred to, such as the casuistry model. Recently, significant contributions have been made by narrativemedicine and virtue ethics. According to these methodologies, sound anthropology and a good relationship with the sick person arekey elements required of any person engaged in medical practice who aims to be genuinely appropriate from an ethical perspective. DOI: 10.5294/pebi.2016.20.1.3. (shrink)

Medical-legal partnerships — collaborative endeavors between health care clinicians and lawyers to more effectively address issues impacting health care — have proliferated over the past decade. The goal of this interdisciplinary approach is to improve the health outcomes and quality of life of patients and families, recognizing the many non-medical influences on health care and thus the value of an interdisciplinary team to enhance health. There are currently over 180 MLPs at over 200 hospitals and health centers in the United (...) States, with increasing federal interest and potential legislative support of this model.This article examines the unique, interrelated, and often similar ethical issues that confront the clinical and legal partners involved in MLPs. We contend that the ethical precepts of the clinical and legal professions should be seen as opportunities, not barriers, to further the interdisciplinary nature of MLPs. (shrink)

Was Durkheim an apologist for the authoritarianism? Is the sociology founded upon his work incapable of critical perspective; and must it operate under the presumption that social agents, including sociologists themselves, are incapable of reflexivity? Certainly some have said so, but they may be wrong. In this essay, I address these questions in the light of Durkheim's revisionary sociology of morals. I elaborate on unfinished elements in Durkheim's abruptly concluded (because of his early and unexpected death) scholarship, pointing out Durkheim's (...) recognition that co-present moral spheres always exist in an organically complex society, and explaining how these co-present spheres obligate social agents to untether from any absolute moral affiliations. Ultimately, then, the argument shows how the solidarity/social-order relationship is transcended within Durkheim's sociology, even by Durkheim himself. (shrink)

If there is one ethical concept considered to be central to human social life it is the idea of justice. Although there are several competing principles of justice, the core concept of justice embodies the obligation to treat like cases alike, in relevant respects. Women may differ from men in some respects, but the fact that women get sick, become injured, and die from preventable causes renders them similar to men in the need to carry out biomedical research, develop therapies, (...) and attend to health problems specific to women. An ethical perspective on women’s health begins and ends with principles of justice. Although particular circumstances and conditions differ in developed and less developed countries, the ethical conclusions regarding justice are the same for women in all societies. (shrink)

The question of whether the normative testimony of ethics experts should be admissible under the rules of evidence has been the subject of much debate. Professor Imwinkelried's paper is an effort to get us, for a moment, to change that subject. He seeks to turn our attention, instead, to a means by which bioethics experts’ normative analyses might come before the court without regard to the rules of evidence - a means lying formally outside those rules’ jurisdiction. The court, he (...) argues, may freely consider evidence from expert bioethicists so long as it is performing a legislative rather than an adjudicative function. The rules of evidence apply to the court's efforts to find the facts of a particular case, Imwinkelried argues, but they do not constrain the court's investigations relative to its creative law-making efforts. (shrink)

The integration of ethical analysis in Health Technology Assessment (HTA) has proven difficult to implement even though it is explicitly recognized as an important component of such assessments in HTA literature. When compared to the standardized scientific method for systematic reviews in HTA, the diversity of ethical analysis has been characterized as a fundamental barrier to the integration of ethics. The present paper aims to identify the theoretical and practical differences between the approaches underpinning ethical analysis in HTA and clarify (...) the reasons for such diversity. Our systematic review of HTA literature pertaining to the barriers to the integration of ethics in HTA identified nine ethical approaches: Principlism, Casuistry, Coherence Analysis, Wide Reflective Equilibrium, Axiology, the Socratic approach, the Triangular model, Constructive Technology Assessment and Social Shaping of Technology. Citations pertaining to each approach were extracted and categorized according to three constitutive components of ethical argumentation established in a previous research evaluating nanotechnologies: i) the disciplinary foundation that grounds the validity of the ethical evaluation, ii) the characteristics of such evaluation, iii) the operational process involved in applying it to a particular case (i.e., its practical reasoning). This comparison shows that, 1) the difference between these approaches rests primarily on their disciplinary foundation (rooted in philosophy, philosophy/theology, or sociology), 2) their complexity can be observed in the distinct characteristics of ethical evaluation deriving from their differing disciplinary foundation, and 3) although four different types of operationalization procedure were identified, little information was available in regards to the practical reasoning associated with these approaches. (shrink)

In the traditions of narrative ethics and casuistry, stories have a well-established role. Specifically, illness narratives provide insight into patients’ perspectives and histories. However, because they tend to see fiction as an aesthetic endeavour, practitioners in these traditions often do not realize that fictional stories are valuable moral sources of their own. In this paper I employ two arguments to show the mutual relationship between bioethics and fiction, specifically, science fiction. First, both discourses use imagination to set a scene and (...) determine a perspective. Second, bioethics and science fiction share the family resemblance of expressing moral beliefs. I then consider how understanding bioethics and science fiction as interrelated discourses can be the basis of a methodology for inquiry into relational autonomy in the context of biotechnologies and medicine. As an example of this methodology, I analyse Fay Weldon’s novel The Cloning of Joanna May (1989). (shrink)

C a s e studies have a wide variety of uses in ethics courses,from increasing ethical sensitivity to developing moral reasoning skills. This article focuses on ways to avoid 2 potential pitfalls of using typical case studies: lack of theoretical background and lackof suficient detail. Thefirst part explains how a personal ethics experience can be discussed as early as thefirst day of class in a way that sets the tone and expectations of an ethics course despite students' lack of exposure (...) to ethical principles. Second, is an explanation of how a film can be used as an extended case that is rich enough in detail to sustain discussions about ethical theory over several weeks. (shrink)

Når man går i gang med et forskningsprojekt, vil der typisk være nogle forskningsetiske problemstillinger, man skal forholde sig til. Det kan fx være, at man skal have indhentet informeret samtykkeerklæringer fra de deltagere, der skal være med, eller man skal have indhentet forskningsetiske tilladelser og godkendelser fra uafhængige instanser. Det er altså overvejelser, som typisk dukker op ved begyndelsen af et forskningsprojekt. Der kan efterfølgende være en risiko for, at man forsømmer refleksioner over emergerende etiske problemstillinger, og at forskningsetik (...) således reduceres til, at man som forsker har underskrevet og overholdt nogle prædefinerede retningslinjer for god forskningspraksis. Sådanne retningslinjer er naturligvis særdeles vigtige. Men det er pointen i denne artikel, at de ikke kan stå alene. Forskningsetiske dilemmaer er et epistemologisk vilkår gennem hele forskningsprocessen, og de må således overvejes og genovervejes, forhandles og genforhandles gennem hele forskningsprocessen. Den form for forskningsetik, der følger bestemte på forhånd fastlagte retningslinjer, som typisk er formuleret i standardiserede, kontekstuafhængige principper for god etisk adfærd, benævnes i artiklen procedural forskningsetik, mens en forskningsetik, der foretager en konkret og kontekstafhængig vurdering af de specifikke etiske problemstillinger og dilemmaer, som de viser sig i praksis gennem hele forskningsprocessen, benævnes kasuistisk forskningsetik. Distinktionen mellem disse to typer forskningsetik er udtryk for en teoretisk konstruktion, og de skal ikke betragtes som modsatrettede alternativer, men derimod som supplerende sider ved god forskningsetisk praksis. I artiklen diskuteres forholdet mellem dem for ad den vej at fremhæve enhver forskers pågående og kontinuerlige ansvar gennem hele forskningsprocessen. Nøgleord: forskningsetik, procedural, kasuistisk, Leibniz English summary: Dic cur hic – a casuistic research ethic When embarking on a research project, researchers must customarily confront some ethical issues. To begin with, they may need informed consent from the participants, or research ethics permission and approval from an independent Research Ethics Committee. However, there is more involved than these legal requirements alone, for just complying with some pre-defined guidelines for good research practice is by no means enough. In fact, a number of ethical issues demanding thorough reflection may emerge during the research project. Far from being neglected, such questions deserve careful attention. Research ethical dilemmas are an epistemological condition throughout the whole research process, and must therefore be constantly considered and reviewed, negotiated and renegotiated. This article purports to categorize the ethical issues likely to arise during the course of an investigation into two main types, namely procedural and casuistic. The kind of research ethics following certain pre-established guidelines, which are typically expressed in standardized, context-independent principles of good ethical behavior, will be labeled as procedural research ethics, while the type of research ethics ensuing from the analysis and contextual assessment of the specific dilemmas arising in practice in the particular situation studied, will be named casuistic research ethics. A distinction between these two types of research ethics reflects a theoretical construct. Both types should not be regarded as opposing alternatives, but as complementary aspects of good ethical research practices. This article discusses the relationship between the two types in order to highlight the researcher’s ongoing and continuous responsibility throughout the research process. (shrink)

Abstract:Moral imagination is a reasoning process thought to counter the organizational factors that corrupt ethical judgment. We describe the psychology of moral imagination as composed of the four decision processes identified by Rest (1986), i.e., moral sensitivity, moral judgment, moral intention, and moral behavior. We examine each process in depth, distilling extant psychological research and indicating organizational implications. The conclusion offers suggestions for future research.The majority of men are subjective toward themselves and objective toward all others—terribly objective sometimes—but the real (...) task is in fact to be objective toward one’s self and subjective toward all others. (shrink)

Next SectionWhilst there has been considerable debate about the fit between moral theory and moral reasoning in everyday life, the way in which moral problems are defined has rarely been questioned. This paper presents a qualitative analysis of interviews conducted with 15 general practitioners (GPs) in South Australia to argue that the way in which the bioethics literature defines an ethical dilemma captures only some of the range of lay views about the nature of ethical problems. The bioethics literature has (...) defined ethical dilemmas in terms of conflict and choice between values, beliefs and options for action. While some of the views of some of the GPs in this study about the nature of their ethical dilemmas certainly accorded with this definition, other explanations of the ethical nature of their problems revolved around the publicity associated with the issues they were discussing, concern about their relationships with patients, and anxiety about threats to their integrity and reputation. The variety of views about what makes a problem a moral problem indicates that the moral domain is perhaps wider and richer than mainstream bioethics would generally allow. (shrink)

There is a growing consensus that the offer of a reasonable compensation for oocyte donation for reproductive treatment is acceptable if it does not compromise voluntary and altruistically motivated donation. However, how to translate this ‘reasonable compensation’ in practice remains unclear as compensation rates offered to oocyte donors between different European Union countries vary significantly. Clinics involved in oocyte donation, as well as those in other medical contexts, might be encouraged in calculating a more consistent and transparent compensation for donors (...) if the elements that constitute a reasonable compensation are explicated. In doing so, lessons can be learnt from living organ donation and medical research participation. Practices in which the elements of a reasonable compensation for the individuals involved have already been more defined in the literature. By means of analogical reasoning, we will outline the different components of a reasonable compensation and subsequently apply these to the context of oocyte donation. We will argue that oocyte donors should first of all be reasonably reimbursed direct expenses related to the donation, without standard remuneration of lost wages. Second, donating oocytes requests a serious time investment, therefore donors are entitled to suitable compensation for their time spent and efforts made. Finally, we will explain that a reasonable compensation consisting of these two components allows for altruism to remain the key value of oocyte donation for reproductive treatment. However, if we acknowledge that donors’ motives are more complex and often include reasons from self-interest, the reasonable compensation may be complemented with modest (non)monetary benefits. (shrink)

The aim of this paper is to connect Leibniz’s and Toulmin’s conceptions about practical and deliberative rationality. When trying to rationally justify contingent judgments Leibniz, like Toulmin, defends a weighing argumentative method. Thus, in Leibniz we can discern the balance between the legitimate demands of formal models of rationality and the lessons of a practice “situated” on a historical, social, and evaluative context.

The ArgumentEmergency medicine, a new medical specialty in the United States, is an ethical practice that has developed through its interaction with the spaces in which it is situated. We discuss this claim in two steps followed by a demonstration. First we examine the historical evolution of the hospital, to provide the background for a lengthier account of the historical transformation of the emergency room. We then introduce Foucault's approach to ethics, to explain the sense in which emergency medicine is (...) an ethical practice constituted, in part, by its space of operation. The preliminaries of the application of our historico-ethical framework to emergency medicine, are presented, focusing on cardiopulmonary resuscitation. Our intention is to provide a framework for the newest clinical specialty as an ethical practice in order to understand how to individuate its emerging ethical problems. The emphasis on space throughout enables us to integrate the historical development of emergency medicine with its present concrete setting, and to establish a basis for analyzing emergency medicine that does not rely uncritically on either a preferred ethical perspective or the perspective of its practitioners. (shrink)

At the heart of the uniqueness debate is the possibility that the computer revolution may demand more in the way of ethical analysis than our traditional (that is, modern) ethical edification has prepared us for. In short, it may present new and unique problems and therefore demand new and unique solutions. In this article I argue that the solution is in fact an old and not‐so‐unique one: casuistry. Appealing to Jonsen and Toulmin's analysis of casuistry (1988), I argue that a (...) casuistic methodology is a more accurate description of the moral reasoning used by contemporary computer ethicists than are other accounts. In addition, I argue that the strengths that enabled casuistry to deal successfully with radical social, economic, and religious changes in the sixteenth and seventeenth centuries render casuistry well suited to the task of dealing with radically new situations like those found in twentieth‐ and twenty‐first‐century computer technology. Before concluding, I briefly explore Pascal's fatal critique of casuistry and its relevance for contemporary computer ethics. (shrink)

“Strangers at the Benchside: Research Ethics Consulation” (Cho et al. 2008) proposes what is probably a good idea. Early scrutiny of the ethical dimensions of emerging science seems sensible—at lea...

Professional work is currently based on explicit knowledge and evidence to a greater degree than in the past. Standardising professional services in this way requires repetitive scenarios and might be seen as a challenge to professional autonomy. In the context of policing, officers perform a range of familiar tasks, but they may also encounter novel challenges at any moment. Moreover, police tasks are not well-defined. Therefore, many missions require police officers to rely on common sense, tacit knowledge or gut feeling. (...) In this article, I argue that a values-based methodology may serve as a tool to help evaluate decisions in unfamiliar situations, to learn from experience, as well as be a quality control for established routines. _Keywords:_ ethics, policing, decision-making, values, experiential learning routines. (shrink)

Abstract“Clinical ethics consultants” have been practicing in the United States for about 50 years. Most of the earliest consultants—the “pioneers”—were “outsiders” when they first appeared at patients' bedsides and in the clinic. However, if they were outsiders initially, they acclimated to the clinical setting and became “insiders” very quickly. Moreover, there was some tension between traditional academics and those doing applied ethics about whether there was sufficient “critical distance” for appropriate reflection about the complex medical ethics dilemmas of the day (...) if one were involved in the decision making. Again, the pioneers deflected concerns by identifying and instituting safeguards to assure professional objectivity in clinical ethics consultation services. One might suggest that in moving inside and establishing normative practices, the pioneer clinical ethics consultants anticipated adoption of their routines and professionalization of the field. (shrink)

This paper gives an introduction to the interdisciplinary special section. Against the historical and ethical background of reproductive technologies, it explores future scenarios of human reproduction and analyzes ways of mutual engagement between fictional and academic endeavors. The underlying idea is that we can make use of human reproduction scenarios in at least two ways: we can use them to critique technologies by imagining terrible consequences for humanity but also to defend positions that favor scientific and technological development.