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.

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)

Sometimes it’s not certain which of several mutually exclusive moral views is correct. Like almost everyone, I think that there’s some sense in which what one should do depends on which of these theories is correct, plus the way the world is non-morally. But I also think there’s an important sense in which what one should do depends upon the probabilities of each of these views being correct. Call this second claim “moral uncertaintism”. In this paper, I want to address (...) an argument against moral uncertaintism offered in the pages of this journal by Brian Weatherson, and seconded elsewhere by Brian Hedden, the crucial premises of which are: that acting on moral uncertaintist norms necessarily involves motivation by reasons or rightness as such, and that such motivation is bad. I will argue that and are false, and that at any rate, the quality of an agent’s motivation is not pertinent to the truth or falsity of moral uncertaintism in the way that Weatherson’s and Hedden’s arguments require. (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)

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)

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)

Medical-legal partnerships (MLPs) — 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. This article examines the unique, interrelated 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. The commonalities in ethical approaches represent a potential bridge between legal and health care advocacy for patient/client well-being. Bioethics has a role to play in building and analyzing this bridge: bioethics may serve as a discourse and method to enhance collaboration by highlighting common ethical foundations and refocusing legal and clinical partners on their similar goals of service for patients/clients. This article explores this bridging role of bioethics, through a series of case studies. It concludes with recommendations to strengthen the collaborations. (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)

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)

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)

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)

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)

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.

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)

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 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)

The six papers in the 2014 clinical ethics number of the Journal get us back to the basics in the work of clinical ethics and clinical ethicists: getting clear about concepts that should be used in achieving deliberative clinical ethics. The papers explore the concepts of the best interests of the patient, health and disease understood in their proper relationship to autonomy in our species, the therapeutic obligation, and the therapeutic imperative. The final paper appraises the systematic review, a scholarly (...) tool for tracking the basic concepts of clinical ethics in the literature. (shrink)

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)

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)

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)

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)

The author congratulates Dr Brian Hurwitz, who recently reported the successful “intimidation” of an elderly competent widow into accepting badly needed therapy for a huge ulcerated carcinoma. He reports approvingly of the Israeli Patients' Rights Law, enacted in 1996, which demands detailed informed consent from competent patients before permitting treatment. But the law also provides an escape clause which permits coercing a competent patient into accepting life-saving therapy if an ethics committee feels that if treatment is imposed the patient will (...) give his/her consent retroactively. He suggests this approach as an appropriate middle road between overbearing paternalism and untrammelled autonomy. (shrink)

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)

Straipsnyje analizuojamos bioetikoje vyraujančio pagarbos asmens autonomijai principo prielaidos. Remiantis antropologų L. Dumont’o ir C. Geertzo darbais parodoma, kaip pagarbos asmens autonomijai principas yra susijęs su vakarietiška, krikščioniška, individualistine asmens samprata bei iš to plaukiančiu racionalumo reikšmės įtvirtinimu informuoto sutikimo koncepte. Taip pat ginama idėja, kad būtina atsižvelgti į rūpesčio etikos, pabrėžiančios emocijų svarbą moralėje ir paremtos reliacinio asmens prielaida, pasiūlytas įžvalgas. Straipsnyje parodoma, kaip rūpesčio etikoje pasiūlyti normatyviniai rūpesčio idealai gali būti pritaikomi bioetiniame kontekste – konceptualizuojant rūpestį medicinos sferoje (...) galima pritaikyti Bourdieu pasiūlytą habitus konceptą ir išryškinti ne tik tarpasmeninių santykių svarbą moraliniam vystymuisi, bet ir įvairias sociokultūrines bei istorines įtakas, lemiančias tam tikrus mūsų elgsenos modelius. (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.

“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...

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)

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 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)

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.

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)

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)

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)

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.

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.

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)