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The Abuse of Casuistry: A History of Moral Reasoning

University of California Press (1988)

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  1. Prescriptions: Autonomy, humanism and the purpose of health technology.Eric L. Krakauer - 1998 - Theoretical Medicine and Bioethics 19 (6):525-545.
    My purpose is to examine two of the foundations of medical ethics: the principle of autonomy and the concept of the human. I also investigate the extent to which health technology makes autonomy and humanness possible. I begin by underlining Illich's point that the same health technology designed to promote health and autonomy also is pathogenic. I proceed to analyse the Kantian concept of autonomy, a concept which is closely associated with health and which continues to determine current ethical thinking. (...)
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  • Theoretical and practical reasoning in chemistry.Jeffrey Kovac - 2002 - Foundations of Chemistry 4 (2):163-171.
    Traditional philosophy of science regards theoretical reasoning, based on the example of Euclidian geometry, as the hallmark of a mature science. There is, however, a parallel tradition of practical reasoning based on specific cases that goes back to Aristotle. In this paper I argue that practical reasoning is an essential part of the practice of chemistry and should be understood and appreciated on its own merits rather than regarded as a symbol of the immaturity and inferiority of chemistry as a (...)
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  • “Rethinking Research Ethics,” Again: Casuistry, Phronesis, and the Continuing Challenges of Human Research.Greg Koski - 2010 - American Journal of Bioethics 10 (10):37-39.
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  • Bioethics as a second-order discipline: Who is not a bioethicist?Loretta Kopelman - 2006 - Journal of Medicine and Philosophy 31 (6):601 – 628.
    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," (...)
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  • What constitutes a reasonable compensation for non-commercial oocyte donors: an analogy with living organ donation and medical research participation.Emy Kool, Rieke van der Graaf, Annelies Bos, Bartholomeus Fauser & Annelien Bredenoord - 2019 - Journal of Medical Ethics 45 (11):736-741.
    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 (...)
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  • Culture, normativity and morisprudence: a response to the commentaries.Niek Kok, Marieke Zegers, Cornelia Hoedemaekers & Jelle van Gurp - 2022 - Journal of Medical Ethics 48 (12):985-986.
    We are grateful for the thoughtful replies to our article. 1 We are especially encouraged that all respondents agree that it is of value to develop a theoretical framework which helps to study how clinical ethics support services (CESS) induce individual and organisational learning. We have focused on the relations between moral case deliberation (MCD), organisational learning and quality improvement from a predominantly sociological perspective. The goal of our theoretical framework was to establish hypotheses which allow for empirical evaluation of (...)
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  • Engineering Practice and Engineering Ethics.Ronald Kline & William T. Lynch - 2000 - Science, Technology, and Human Values 25 (2):195-225.
    Diane Vaughan’s analysis of the causes of the Challenger accident suggests ways to apply science and technology studies to the teaching of engineering ethics. By sensitizing future engineers to the ongoing construction of risk during mundane engineering practice, we can better prepare them to address issues of public health, safety, and welfare before they require heroic intervention. Understanding the importance of precedents, incremental change, and fallible engineering judgment in engineering design may help them anticipate potential threats to public safety arising (...)
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  • Socrates Comes to Market.Jos Kessels - 2001 - Philosophy of Management 1 (1):49-71.
    Socrates op de markt, Filosofie in bedrijf was first published in the Netherlands in 1997 and reprinted in 1999.1 It was translated into German and published in Germany in late 2000. The book covers the need today for Socratic dialogue, its methods, its uses and related concepts. These include elenchus (the refutation of what one thought one knew); maieutics (Socratic midwifery making latent knowledge conscious); the relationship of knowledge to feeling, virtue and the formation of personality; and the distinction between (...)
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  • Wanted: A New Ethics Field for Health Policy Analysis.Nuala Kenny & Mita Giacomini - 2005 - Health Care Analysis 13 (4):247-260.
    Ethics guidance and ethical frameworks are becoming more explicit and prevalent in health policy proposals. However, little attention has been given to evaluating their roles and impacts in the policy arena. Before this can be investigated, fundamental questions must be asked about the nature of ethics in relation to policy, and about the nexus of the fields of applied ethical analysis and health policy analysis. This paper examines the interdisciplinary stretch between bioethics and health policy analysis. In particular, it highlights (...)
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  • Ethics Cases: Do they Elicit Different Levels of Ethical Reasoning?Belinda Kenny, Michelle Lincoln & Felicity Killian - 2015 - Journal of Academic Ethics 13 (3):259-275.
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  • How We Decide in Moral Situations.David Kaspar - 2015 - Philosophy 90 (1):59-81.
    The role normative ethics has in guiding action is unclear. Once moral theorists hoped that they could devise a decision procedure that would enable agents to solve difficult moral problems. Repeated attacks by anti-theorists seemingly dashed this hope. Although the dispute between moral theorists and anti-theorists rages no longer, no decisive victor has emerged. To determine how we ought to make moral decisions, I argue, we must first examine how we do decide in moral situations. Intuitionism correctly captures the essence (...)
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  • Practical Ethics in Search of a Toolbox: Discourse ethics and ethical committees.Matthias Kaiser - 2004 - Global Bioethics 17 (1):137-148.
    In this paper the claim is made that the new turn to ethics brings about a need to develop a toolbox for practical ethics that makes ethical advice amenable to quality assurance and democratic transparency. This is of great importance when ethical advice is given to policy-making bodies. The mechanism of providing ethical advice through the establishment of an ethics committee is discussed. An analysis of what would follow from conceiving of the work of such a committee as an exercise (...)
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  • Stories and cases: Discernment and inference in moral deliberation.Gregory E. Kaebnick - 1999 - Theoretical Medicine and Bioethics 20 (3):299-308.
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  • Complicity in Thought and Language: Toleration of Wrong.Judith Lee Kissell - 1999 - Journal of Medical Humanities 20 (1):49-60.
    Complicity as toleration of wrong is deeply rooted in Western language and narratives. It is based on assumptions about the self, our relationship to the world and personal accountability that differ from the Common Law's and moral theology's standard doctrines. How we blame others for tolerating wrong depends upon the moral force of public discourse and upon the meaning of censure as exhortation. Censure as blame is usually retrospective, while censure as exhortation is forward-looking and stresses moral maturity and flourishing.
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  • Let's move beyond autonomy, beneficence and justice — a commentary to Viafora.Jos V. M. Welie - 1999 - Medicine, Health Care and Philosophy 2 (3):305-308.
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  • Probabilism Today: Permissibility and Multi-Account Ethics.Jonathan Hill - 2009 - Australasian Journal of Philosophy 87 (2):235-250.
    In ethics, ‘probabilism’ refers to a position defended by a number of Catholic theologians, mainly in the sixteenth and seventeenth centuries. They held that, when one is uncertain which of a range of actions is the right one to perform, it is permissible to perform any which has a good chance of being the right one—even if there is another which has a better chance. This paper considers the value of this position from the viewpoint of modern ethical philosophy. The (...)
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  • Any help from strangers at the benchside?Albert R. Jonsen - 2008 - American Journal of Bioethics 8 (3):19 – 20.
    “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...
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  • The education of the categorical imperative.James Scott Johnston - 2006 - Studies in Philosophy and Education 25 (5-6):385-402.
    In this article, I examine anew the moral philosophy of Immanuel Kant and its contributions to educational theory. I make four claims. First, that Kant should be read as having the Categorical Imperative develop out of subjective maxims. Second, that moral self-perfection is the aim of moral education. Third, that moral self-perfection develops by children habituating the results of their moral maxims in scenarios and cases. Fourth, that character and culture, Kant’s highest aims for humanity, are the ultimate beneficiaries of (...)
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  • Thinking Ahead on Deep Brain Stimulation: An Analysis of the Ethical Implications of a Developing Technology.Veronica Johansson, Martin Garwicz, Martin Kanje, Lena Halldenius & Jens Schouenborg - 2014 - American Journal of Bioethics Neuroscience 5 (1):24-33.
    Deep brain stimulation (DBS) is a developing technology. New generations of DBS technology are already in the pipeline, yet this particular fact has been largely ignored among ethicists interested in DBS. Focusing only on ethical concerns raised by the current DBS technology is, albeit necessary, not sufficient. Since current bioethical concerns raised by a specific technology could be quite different from the concerns it will raise a couple of years ahead, an ethical analysis should be sensitive to such alterations, or (...)
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  • Rule Following, Standards of Practice, and Open-mindedness.James Scott Johnston - 2009 - Paideusis: Journal of the Canadian Philosophy of Education Society 18 (1):17-25.
    In this paper, I discuss the Ontario College of Teachers’ most recent versions of the Standards of Practice with William Hare’s counsel on being open-minded regarding open-mindedness in mind. Specifically, I insist that the use of the Standards of Practice as guidelines for working through cases of professional and ethical issues requires yet another rule to indicate when to deviate from this or that standard. In this way, open-mindedness consists of developing and following rules to indicate when and where specific (...)
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  • Limitations and Justifications for Analogical Reasoning.Summer Johnson & Ingrid Burger - 2006 - American Journal of Bioethics 6 (6):59-61.
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  • ”Dic cur hic” – en kasuistisk forskningsetik.Martin Blok Johansen - 2014 - Etikk I Praksis - Nordic Journal of Applied Ethics 2 (2):50-68.
    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 (...)
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  • Medical futility: A paradigm analysis. [REVIEW]Nancy S. Jecker - 2007 - HEC Forum 19 (1):13-32.
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  • Deciding Together: Bioethics and Moral Consensus, by Jonathan D. Moreno, New York: Oxford University Press, 1995. 159 pp. [REVIEW]Nancy S. Jecker - 1997 - Cambridge Quarterly of Healthcare Ethics 6 (3):358-359.
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  • Civil Politics in the Animal Rights Conflict: God Terms versus Casuistry in Cambridge, Massachusetts.James M. Jasper & Scott Sanders - 1994 - Science, Technology and Human Values 19 (2):169-188.
    Many public debates become polarized, degenerating into a pattern of mutual suspicion and name-calling that preclude communication or compromise. The debate over animal research has typically followed this path. To understand how polarization might be avoided, we examine the factors that helped prevent it in one local controversy: Cambridge, Massachusetts in the late 1980s. These factors include the personal style of the leader of the main animal protection group, the financing for the group, the group's ability to win a symbolic (...)
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  • Sustainable Bioethics: Extending Care to an Aging Planet.Andrew Jameton - 1999 - Bulletin of Science, Technology and Society 19 (4):314-322.
    About 1970, Van Rensselaer Potter coined the term bioethics to bring under one heading broad questions of human survival, environment, and biology. In 1971, Potter outlined a statement of principles that linked the ethics of the biological sciences with the ethics of environmental concern. Regrettably, the field that adopted his rubric bioethics immediately diverged from Potter’s interests. Bioethics has become for the most part identified with medical ethics or health care ethics and in so doing has developed few ethical principles (...)
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  • Der Kompromiss: Ethik-Beratung gegen moralischen Rigorismus. [REVIEW]Franz-Joseph Illhardt - 1999 - Ethik in der Medizin 11 (4):262-273.
    Definition of the problem: Compromise is an ethical category. During the last 20 years it has rarely been considered, although there are many controversial ethical issues in medicine with no willingness for consensus. In the process of ethics consultation, dissatisfaction with the consultation or afterwards with the decision to act was also noticed.Arguments: Ethics consultation must take into account the anti-ethical implications. Therefore, it must consider the meaning of ethical compromise (1) as an existential option, (2) as a moment in (...)
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  • The Oxford Practice Skills Project: teaching ethics, law and communication skills to clinical medical students.T. Hope & K. W. Fulford - 1994 - Journal of Medical Ethics 20 (4):229-234.
    We describe the teaching programme in ethics, law and communication skills for clinical medical students which is being developed as part of the Oxford Practice Skills Project. These three elements of practice are approached in an integrated teaching programme which aims to address everyday clinical practice. The role of a central value of patient-centred health care in guiding the teaching is described. Although the final aim of the teaching is to improve actual practice, we have found three 'sub-aims' helpful in (...)
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  • Power Hierarchy and Epistemic Injustice in Clinical Ethics Consultation.Anita Ho & Dave Unger - 2015 - American Journal of Bioethics 15 (1):40-42.
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  • Formative and Transformative.Linda Hogan - 2013 - Journal of Religious Ethics 41 (2):354-375.
    This review essay discusses the significance of Charles Curran's contribution to the field of Catholic theological ethics. I suggest that Curran's theological voice is a distinct and important one, that his preoccupations mirror major concerns in moral theology, and that his approach has been shaped through his long-standing ecumenical and interdisciplinary commitments. I consider four recent monographs and analyze Curran's impact under the headings of (1) the nature of moral theology; (2) the ecclesial shape of moral theology; (3) the (historical) (...)
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  • The Theory and Practice of Applied Ethics.Barry Hoffmaster - 1991 - Dialogue 30 (3):213-.
    Applied ethics is at a watershed. In all its domains a gulf between the theory of applied ethics and the practice of applied ethics is now being recognized. In medical ethics, for example, it has been observed that “practicing clinicians often feel let down by bioethics.” The disappointment of clinicians is attributed in part to their own unrealistic expectations but is also said to be a function ofthe extent to which bioethics as a discipline doesn't seem to be in possession (...)
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  • Teaching old dogs new tricks: The role of analogies in bioethical analysis and argumentation concerning new technologies. [REVIEW]Bjørn Hofmann, Jan Helge Solbakk & Søren Holm - 2006 - Theoretical Medicine and Bioethics 27 (5):397-413.
    New medical technologies provide us with new possibilities in health care and health care research. Depending on their degree of novelty, they may as well present us with a whole range of unforeseen normative challenges. Partly, this is due to a lack of appropriate norms to perceive and handle new technologies. This article investigates our ways of establishing such norms. We argue that in this respect analogies have at least two normative functions: they inform both our understanding and our conduct. (...)
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  • Medicine as practical wisdom.B. Hofman - 2002 - Poiesis and Praxis: International Journal of Technology Assessment and Ethics of Science 1 (2):135-149.
    Modern medicine faces fundamental challenges that various approaches to the philosophy of medicine have tried to address. One of these approaches is based on the ancient concept of phronesis. This paper investigates whether this concept can be used as a moral basis for the challenges facing modern medicine and, in particular, analyses phronesis as it is applied in the works of Pellegrino and Thomasma. It scrutinises some difficulties with a phronesis-based theory, specifically, how it presupposes a moral community of professionals. (...)
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  • Is Moral Theory Harmful in Practice?—Relocating Anti-theory in Contemporary Ethics.Nora Hämäläinen - 2009 - Ethical Theory and Moral Practice 12 (5):539-553.
    In this paper I discuss the viability of the claim that at least some forms of moral theory are harmful for sound moral thought and practice. This claim was put forward by e.g. Elisabeth Anscombe ( 1981 ( 1958 )) and by Annette Baier, Peter Winch, D.Z Phillips and Bernard Williams in the 1970’s–1980’s. To this day aspects of it have found resonance in both post-Wittgensteinian and virtue ethical quarters. The criticism has on one hand contributed to a substantial change (...)
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  • The conscience debate: resources for rapprochement from the problem’s perceived source.John J. Hardt - 2008 - Theoretical Medicine and Bioethics 29 (3):151-160.
    This article critically evaluates the conception of conscience underlying the debate about the proper place and role of conscience in the clinical encounter. It suggests that recovering a conception of conscience rooted in the Catholic moral tradition could offer resources for moving the debate past an unproductive assertion of conflicting rights, namely, physicians’ rights to conscience versus patients’ rights to socially and legally sanctioned medical interventions. It proposes that conscience is a necessary component of the moral life in general and (...)
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  • Family Resemblances: Human Reproductive Cloning as an Example for Reconsidering the Mutual Relationships between Bioethics and Science Fiction.Solveig L. Hansen - 2018 - Journal of Bioethical Inquiry 15 (2):231-242.
    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 (...)
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  • Medizinethik auf dem Weg ins 21. Jahrhundert – Bilanz und Zukunftsperspektiven.Prof Dr Hille Haker - 2006 - Ethik in der Medizin 18 (4):325-330.
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  • Understanding blended multi-source arguments as arguments from partial analogies.Marcello Guarini - 2010 - Ratio Juris 23 (1):65-100.
    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 (...)
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  • Resources for Research on Analogy: A Multi-disciplinary Guide.Marcello Guarini, Amy Butchart, Paul Simard Smith & Andrei Moldovan - 2009 - Informal Logic 29 (2):84-197.
    Work on analogy has been done from a number of disciplinary perspectives throughout the history of Western thought. This work is a multidisciplinary guide to theorizing about analogy. It contains 1,406 references, primarily to journal articles and monographs, and primarily to English language material. classical through to contemporary sources are included. The work is classified into eight different sections (with a number of subsections). A brief introduction to each section is provided. Keywords and key expressions of importance to research on (...)
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  • A Defense of Non-deductive Reconstructions of Analogical Arguments (AILACT Essay Competition Winner).Marcello Guarini - 2004 - Informal Logic 24 (2):153-168.
    Bruce Waller has defended a deductive reconstruction of the kinds of analogical arguments found in ethics, law, and metaphysics. This paper demonstrates the limits of such a reconstruction and argues for an alternative. non-deductive reconstruction. It will be shown that some analogical arguments do not fit Waller's deductive schema, and that such a schema does not allow for an adequate account of the strengths and weaknesses of an analogical argument. The similarities and differences between the account defended herein and the (...)
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  • Validity and Reliability of an Instrument for Assessing Case Analyses in Bioengineering Ethics Education.Ilya M. Goldin, Rosa Lynn Pinkus & Kevin Ashley - 2015 - Science and Engineering Ethics 21 (3):789-807.
    Assessment in ethics education faces a challenge. From the perspectives of teachers, students, and third-party evaluators like the Accreditation Board for Engineering and Technology and the National Institutes of Health, assessment of student performance is essential. Because of the complexity of ethical case analysis, however, it is difficult to formulate assessment criteria, and to recognize when students fulfill them. Improvement in students’ moral reasoning skills can serve as the focus of assessment. In previous work, Rosa Lynn Pinkus and Claire Gloeckner (...)
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  • The Outlandish, the Realistic, and the Real: Contextual Manipulation and Agent Role Effects in Trolley Problems.Natalie Gold, Briony Pulford & Andrew Colman - 2014 - Frontiers in Psychology: Cognitive Science 5.
    Hypothetical trolley problems are widely used to elicit moral intuitions, which are employed in the development of moral theory and the psychological study of moral judgments. The scenarios used are outlandish, and some philosophers and psychologists have questioned whether the judgments made in such unrealistic and unfamiliar scenarios are a reliable basis for theory-building. We present two experiments that investigate whether differences in moral judgment due to the role of the agent, previously found in a standard trolley scenario, persist when (...)
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  • Ethics in the Software Development Process: from Codes of Conduct to Ethical Deliberation.Jan Gogoll, Niina Zuber, Severin Kacianka, Timo Greger, Alexander Pretschner & Julian Nida-Rümelin - 2021 - Philosophy and Technology 34 (4):1085-1108.
    Software systems play an ever more important role in our lives and software engineers and their companies find themselves in a position where they are held responsible for ethical issues that may arise. In this paper, we try to disentangle ethical considerations that can be performed at the level of the software engineer from those that belong in the wider domain of business ethics. The handling of ethical problems that fall into the responsibility of the engineer has traditionally been addressed (...)
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  • Withholding life prolonging treatment, and self deception.G. M. Sayers - 2002 - Journal of Medical Ethics 28 (6):347-352.
    Objectives: To compare non-treatment decision making by general practitioners and geriatricians in response to vignettes. To see whether the doctors’ decisions were informed by ethical or legal reasoning.Design: Qualitative study in which consultant geriatricians and general practitioners randomly selected from a list of local practitioners were interviewed. The doctors were asked whether patients described in five vignettes should be admitted to hospital for further care, and to give supporting reasons. They were asked with whom they would consult, who they believed (...)
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  • The Technological Blind Spot in Business Ethics.David W. Gill - 1999 - Bulletin of Science, Technology and Society 19 (3):190-198.
    From all directions comes confirmation that technology, information technology above all, is radically transforming today’s business. All observers predict that this technologizing of business will continue in the 21st century with major consequences. This article argues that business ethics cases (the most popular way of approaching business ethics) as well as the broader corporate cultural values (a less popular but equally important focus for business ethics) are inexorably affected by the technological revolution in business. But of 29 business ethics textbooks (...)
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  • Teaching the Virtues: Justifications and Recommendations.Candace C. Gauthier - 1997 - Cambridge Quarterly of Healthcare Ethics 6 (3):339-346.
    The current interest in and discussion of virtue ethics suggests that this approach to moral decisionmaking has several distinct advantages as applied to ethical issues in healthcare delivery. For the most part, calls to incorporate the virtues of the healthcare provider in discussions of these issues have sought to supplement rather than totally replace traditional ethical theories, such as the utilitarian focus on maximizing the best overall consequences and the Kantian concern to act on the duty of respect for persons. (...)
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  • Rethinking the Belmont Report?Phoebe Friesen, Lisa Kearns, Barbara Redman & Arthur L. Caplan - 2017 - American Journal of Bioethics 17 (7):15-21.
    This article reflects on the relevance and applicability of the Belmont Report nearly four decades after its original publication. In an exploration of criticisms that have been raised in response to the report and of significant changes that have occurred within the context of biomedical research, five primary themes arise. These themes include the increasingly vague boundary between research and practice, unique harms to communities that are not addressed by the principle of respect for persons, and how growing complexity and (...)
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  • Casuistry: Case-based Reasoning for the Ethical Journalist.Janie Harden Fritz - 2011 - Journal of Mass Media Ethics 26 (1):88-92.
    (2011). Casuistry: Case-based Reasoning for the Ethical Journalist. Journal of Mass Media Ethics: Vol. 26, Media Accountability Part Two, pp. 88-92. doi: 10.1080/08900523.2011.532386.
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  • If P , then what? Thinking in cases.John Forrester - 1996 - History of the Human Sciences 9 (3):1-25.
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  • Knowledge Without Wisdom: Human Genetic Engineering Without Religious Insight.Kevin T. Fitzgerald - 2002 - Christian Bioethics 8 (2):147-162.
    Kevin T. Fitzgerald, S.J.; Knowledge Without Wisdom: Human Genetic Engineering Without Religious Insight, Christian bioethics: Non-Ecumenical Studies in Medical.
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