There is a significant debate over the moral status of human embryos. This debate has important implications for practices like abortion and IVF. Some argue that embryos have the same moral status as infants, children, and adults. However, critics claim that the frequency of pregnancy loss/miscarriage/spontaneous abortion shows a moral inconsistency in this view. One line of criticism is that those who know the facts about pregnancy loss and nevertheless attempt to conceive children are willing to sacrifice embryos lost for (...) the healthy children they ultimately have. I respond to this criticism and argue that on the most plausible accounts of well-being, these embryos are not made worse off and thus not “sacrifices.” I then make some more general remarks about what people’s typical views about pregnancy loss show about their views toward the moral status of embryos. (shrink)

To circumvent objections that the death penalty was “cruel and unusual punishment” and therefore a violation of the Eighth Amendment to the Constitution, advocates proposed lethal injection and the involvement of physicians to overcome the negative perceptions associated with the death penalty, and to increase public acceptability of the practice. Initiated in 1982, lethal injection is now the primary method of execution in 37 of the 38 states with the death penalty. “To be exact, this method has been used to (...) kill 788 of the 956 men and women who have been executed in the United States since 1976, when the death penalty was reinstated by the Supreme Court.” More recently, of the 191 executions performed in the United States since 2001, 189 have been by lethal injection.This “medicalization” of the death penalty has ignited a debate, by those within the medical profession and by others outside it, about the appropriateness of physicians participating in executions. (shrink)

Recent developments in biogerontology—the study of the biology of ageing—suggest that it may eventually be possible to intervene in the human ageing process. This, in turn, offers the prospect of significantly postponing the onset of age-related diseases. The biogerontological project, however, has met with strong resistance, especially by deontologists. They consider the act of intervening in the ageing process impermissible on the grounds that it would (most probably) bring about an extended maximum lifespan—a state of affairs that they deem intrinsically (...) bad. In a bid to convince their deontological opponents of the permissibility of this act, proponents of biogerontology invoke an argument which is grounded in the doctrine of double effect. Surprisingly, their argument, which we refer to as the ‘double effect argument’, has gone unnoticed. This article exposes and critically evaluates this ‘double effect argument’. To this end, we first review a series of excerpts from the ethical debate on biogerontology in order to substantiate the presence of double effect reasoning. Next, we attempt to determine the role that the ‘double effect argument’ is meant to fulfil within this debate. Finally, we assess whether the act of intervening in ageing actually can be justified using double effect reasoning. (shrink)

The paper explores the relationship between the Principle of Double Effect and Just War Theory, with emphasis on their relationship in the philosophy of Thomas Aquinas. Both PDE and JWT are of Medieval origin, and are classical exponents of medieval moral philosophy. The main connection between them is, however, that they can both be viewed as theories about permissible violence and harm, that is theories about when it is morally permissible to harm and possibly kill another human being. The final (...) point of the paper is that PDE is an important element within JWT, or rather that when just war theorists manage to justify a certain types of violence they do so by extensive use of PDE. This only applies to one part of JWT, jus in bello, which concerns the actual morality of fighting, not the right to war itself. If these assumptions can be reasonably fleshed out, and if it is possible to show that PDE is of crucial importance to certain elements of jus in bello, such as methods for justifying civilian casualties, that would entail that our own moral examinations of warfare differ precisely because we either accept or don’t accept PDE as a viable and reasonable principle in normative ethics. (shrink)

This article applies the anthropological concept of liminality to reconceptualize palliative care ethics. Liminality possesses both spatial and temporal dimensions. Both these aspects are analyzed to provide insight into the intersubjective relationship between patient and caregiver in the context of palliative care. Aristotelian practical wisdom, or phronesis, is considered to be the appropriate model for palliative care ethics, provided it is able to account for liminality. Moreover, this article argues for the importance of liminality for providing an ethical structure that (...) grounds the doctrine of double effect and overcomes the impasse of phronesis in the treatment of the terminally ill. (shrink)

In recent years the power and reach of prominent hacker groups such as Anonymous and LulzSec has been clearly demonstrated. However, in a world where hackers are able to wield significant online power, can they do so ethically as legitimate agents? To answer this question this paper will develop an ethical framework based on the premise that hackers have exhibited instances where they have acted to protect people from harm at a time when there was no one else to do (...) so. At its core this paper will argue that political hacking can be justified when it is done to protect the vital interests of oneself or others. Moreover, it will also argue that just because hackers are outside the state does not automatically discount them as ethical actors and that when the state fails to protect people – whether it is due to a lack of ability, political will or because the state is the source of the threat – hackers can fill the void. In order to achieve this, first it is necessary to highlight the space for hackers to operate; second, guide hacker activity by creating an ethical framework detailing what actions are justified towards what end; third, to offer mechanisms that can aid in reaching these ethically justified decisions; and as a result, inform further ethical debates on how to react to these political hackers. This means that the framework can be used to both justify and condemn hacking depending on the circumstances, allowing those on the outside to distil and evaluate a political hack, both past and present, while guiding hacker collectives by providing clearer ethical tools for determining the appropriate agendas and methods. (shrink)

This article critically examines, from the perspective of a Roman Catholic Healthcare ethicist, the second edition of the Core Competencies for Healthcare Ethics Consultation report recently published by the American Society for Humanities and Bioethics. The question is posed: can the competencies identified in the report serve as the core competencies for Roman Catholic ethical consultants and consultation services? I answer in the negative. This incongruence stems from divergent concepts of what it means to do ethics consultation, a divergence that (...) is rooted in each perspective's very different visions of autonomy. Furthermore, because of the constitutive elements of Catholic ethics consultation, such as the Ethical and Religious Directives for Health Care Services, the tradition needed to apply those directives, and the Catholic facility’s membership in the institutional Church, the competencies needed for its practice differ in kind from those identified by the report. While there are many practical points of convergence, the competencies identified by the report should not be adopted uncritically by Catholic healthcare institutions as core competencies for ethical consultation services. (shrink)

Debates on morally acceptable and lawful end-of-life practices in pediatrics were reignited by the recent amendment in Belgian law to allow euthanasia for minors of any age who meet the criteria for capacity. Euthanasia and its legalization in pediatrics are often opposed based on the availability of aggressive palliative sedation. For terminally ill patients, this type of sedation is often identified as continuous and deep sedation until death. We demonstrate that this reasoning is based on flawed assumptions: CDS is a (...) morally preferable alternative to euthanasia; CDS can meet the same patient needs as euthanasia; children lack the capacity and experience to make EOL decisions; unlike euthanasia, CDS does not raise capacity issues. Our aim is not to reject CDS as a valid option at the EOL, nor to offer a clear-cut defense of euthanasia for minors, but to emphasize the ethical issues with both practices. (shrink)

Trolley dilemmas have been used to justify the intuitive appeal of the doctrine of double effect. According to this doctrine, if a good action has a harmful side effect, it is morally acceptable to do it, provided the harmful effect is not intended. However, in some variants of the dilemma, most people are willing to forego this doctrine, thus making responses inconsistent. In this study, 404 university students from the United Arab Emirates (UAE) were presented with 4 versions of the (...) trolley dilemma. Results came out showing that higher levels of depressive symptoms predict greater consistency in adherence (or rejection) to the doctrine of double effect. Likewise, higher levels of depressive symptom predict utilitarian responses to trolley dilemmas. Anxiety symptoms had similar effects, but more moderate. Demographic variables (age, gender) were also assessed as predictors of responses and consistency to trolley scenarios, but no significant effects were found. (shrink)

Divided into eight sections, each with introductory essays, the selections offer rich and detailed insights into a diverse multinational philosophical landscape. Revealed in this pathbreaking work is the way in which traditional philosophical issues related to ethics, metaphysics, and epistemology, for instance, take on specific forms in Africa's postcolonial struggles. Much of its moral, political, and social philosophy is concerned with the turbulent processes of embracing modern identities while protecting ancient cultures.

In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then argue (...) (against the standard interpretation) that experimental findings in moral psychology show that the principle of respect for persons—a principle that grounds our human liberty rights—drives our intuitive moral judgments. In light of this discussion, I examine a puzzle about sex by deception—a puzzle which at first may seem to compel us to define 'rape' strictly in terms of force rather than sexual autonomy. I proceed by presenting an argument against the view that, as a rule, sex by deception undermines consent—a position held by prominent thinkers such as Philippe Patry (2001), Onora O’Neill (2003), Rubenfeld (2012), Tom Dougherty (2013a, 2013b), Joyce M. Short (2013), and Danielle Bromwich and Joseph Millum (2013, 2018). As we will see, sex following deception to increase your chances does not always constitute rape. Lying about your age, education, job, family background, marital status, or interest in a relationship, for example, does not make your sex partner incapable of consenting, which is to say that sex by deception need not be rape. I even go so far as to say that sex with another person that is facilitated by withholding information about having a venereal disease shouldn't be classified as rape. Although sex by deception doesn't compromise consent, it nonetheless violates the principle of respect for persons, not by vitiating sexual autonomy and compromising consent, but by failing to respect other sexual rights, such as our rights to sexual dignity, individuality, and privacy. (shrink)

In 1989, Thomas Donaldson requested the California courts to allow physicians to hasten his death. Donaldson had been diagnosed with brain cancer, and he desired to die in order to cryonically preserve his brain, so as to stop its further deterioration. This case elicits an important question: is this a case of euthanasia? In this article, we examine the traditional criteria of death, and contrast it with the information-theoretic criterion. If this criterion is accepted, we posit that Donaldson’s case would (...) have been cryocide, but not euthanasia. We then examine if cryocide is an ethically feasible alternative to euthanasia. To do so, we rely on the ethical doctrine of double effect. (shrink)

The doctrine (or principle) of double effect is often invoked to explain the permissibility of an action that causes a serious harm, such as the death of a human being, as a side effect of promoting some good end. According to the principle of double effect, sometimes it is permissible to cause a harm as a side effect (or “double effect”) of bringing about a good result even though it would not be permissible to cause such a harm as a (...) means to bringing about the same good end. Does the principle of double effect play the important explanatory role that has been claimed for it? To consider this question, one must be careful to clarify just what the principle is supposed to explain. Three misinterpretations of the principle’s force or range of application are common. 1. To ensure that Double Effect is not misunderstood as principle issuing a blanket permission on causing any unintended harm that yields a benefit, applications must require that the agent seek to minimize the harm involved. 2. Since it is widely accepted that it is wrong to aim to produce harm to someone as an end, to rule this out is not part of double effect’s distinctive content. 3. Harms that were produced regretfully and only for the sake of producing a good end may be prohibited by double effect because they were brought about as part of the agent’s means to realizing the good end. (shrink)

The classical principle of double effect offers permissibility conditions for actions foreseen to lead to evil outcomes. I shall argue that certain kinds of closeness cases, as well as general heuristic considerations about the order of explanation, lead us to replace the intensional concept of intention with the extensional concept of accomplishment in double effect.

After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...) practical reason or their stunted emotions that are at fault. The evidence supports both explanations. I conclude with an overview of the debate concerning whether they are morally or legally responsible for their actions. (shrink)

This essay argues that Aquinas's position regarding the killing of innocent people differs significantly from other representatives of the Christian just war tradition. While his predecessors, notably Augustine, as well as his successors, from Cajetan and Vitoria onward, affirm the legitimacy of causing the death of innocents in a just war in cases of necessity, Aquinas holds that causing the death of innocents in a foreseeable manner, whether intentionally or indirectly, is never justified. Even an otherwise legitimate act of just (...) war cannot legitimate causing the death of innocent people, as this can never advance the common good. This stance also contrasts sharply with much modern and contemporary double effect theorizing in relation to jus in bello. In this regard, Aquinas's position, shaped decisively by his biblical and theological commitments, may point the way towards an ethical orientation beyond the typical divisions of “pacifism” and “just war.”. (shrink)

. How does the doctrine of double effect apply to business decisions to sell products which may be harmful to consumers? Lawrence Masek believes that some authors have misapplied the doctrine to this type of decision and, as a consequence, have committed themselves to placing unwarranted constraints on businesses. Seeking to correct this mistake, Masek presents his account of how the doctrine applies here, an account which is rather permissive but which, he claims, nevertheless preserves the virtues of the doctrine. (...) It will be seen, though, that his attempt to loosen these putatively unnecessary constraints by appealing to consumer autonomy and an intuition about the morality of producing harmful products leaves the doctrine of double effect irrelevant to this type of decision. His argument that the doctrine is less restrictive in this context than others suppose leads ultimately to the conclusion that the doctrine does not constrain this kind of business decision at all. (shrink)

There are different formulations of the doctrine of double effect, and sometimes philosophers propose “revisions” or alternatives, like the means principle, for instance. To demonstrate that such principles are needed in the first place, one would have to compare cases in which all else is equal and show that the difference in intuitions, if any, can only be explained by the one remaining difference and thus by the principle in question. This is not the methodology defenders of the DDE and (...) of related principles use, however. I will discuss how they actually proceed, focusing on their preferred four pairs of examples. While these examples might have rhetorical force, they are nevertheless philosophically and methodologically useless. As a corrective, I shall offer examples that do keep all else equal. These examples undermine the DDE and related principles. I then argue that while the Loop case and the “closeness” problem in the context of Jonathan Bennett’s Sophisticated Bomber example might once have been an embarrassment of sorts for defenders of the DDE, meanwhile their discussion serves as a convenient distraction from the many clear examples disproving the DDE and related principles. I conclude that the methodological mistakes found in defenses of the DDE – the biased framing, the rigged examples, the empirically unwarranted claims about how widely shared certain intuitions are, and the avoidance of the strongest counter-examples – can only be explained by systematic bias. There is simply no sufficient intuitive support for the DDE or related principles. Thus, instead of looking for their “rationales,” they should be abandoned. (shrink)

There are different formulations of the doctrine of double effect (DDE), and sometimes philosophers propose “revisions” or alternatives, like the means principle, for instance. To demonstrate that such principles are needed in the first place, one would have to compare cases in which all else is equal and show that the difference in intuitions, if any, can only be explained by the one remaining difference and thus by the principle in question. This is not the methodology defenders of the DDE (...) and of related principles use, however. I will discuss how they actually proceed, focusing on their preferred four pairs of examples. While these examples might have rhetorical force, they are nevertheless philosophically and methodologically useless (since they do not keep all else equal). As a corrective, I shall offer examples that do keep all else equal. These examples undermine the DDE and related principles. I then argue that while the Loop case and the “closeness” problem in the context of Jonathan Bennett’s Sophisticated Bomber example might once have been an embarrassment of sorts for defenders of the DDE, meanwhile their discussion serves as a convenient distraction from the many clear examples disproving the DDE and related principles. I conclude that there is simply no sufficient intuitive support for the DDE or related principles. Instead of looking for their “rationales,” they should be abandoned. (shrink)

As a subspecies of the climate justice debate, a compelling moral case can be made that actors should receive their fair share of benefits and burdens, and more specifically, that those who benefit from the provision of public goods ought, under some circumstances, to share in the costs of their provision. The climate justice debate has paid relatively scant attention, however, to the possible adverse side-effects of climate mitigation mechanisms. The article reviews such global public goods-protecting techniques as compensation payments (...) for keeping rainforests intact, and climate engineering, for their adverse impact on human rights and biodiversity. Espousing a consequentialist ethical perspective, it calls for increased vigilance in institutionally designing and implementing climate change mitigation mechanisms, however well-intentioned these may be. (shrink)

In this paper, I argue that the doctrine of double effect is disposed toward abuse. I try to identify two distinct sources of abuse of double effect: the conditions associated with standard formulations of double effect and the difficulty of fully understanding one’s own intentions in action. Both of these sources of abuse are exacerbated in complex circumstances, where double effect is most often employed. I raise this concern about abuse not as a criticism of double effect but rather as (...) a problem that defenders should observe and try to prevent. I go on to suggest certain methods for avoiding the abuse of double effect such as hesitating to use it, applying it only with other agents, and selectively and carefully propagating it. (shrink)

As media reports have made widely known, in November 2009, the ethics committee of St. Joseph’s Hospital in Phoenix, Arizona, permitted the abortion of an eleven-week-old fetus in order to save the life of its mother. This woman was suffering from acute pulmonary hypertension, which her doctors judged would prove fatal for both her and her previable child. The ethics committee believed abortion to be permitted in this case under the so-called principle of double effect, but Thomas J. Olmsted, the (...) bishop of Phoenix, disagreed with the committee and pronounced its chair, Sister Margaret McBride, excommunicated latae sententiae, “by the very commission of the act.” In this article, I take the much discussed Phoenix case as an occasion to subject the principle of double effect to another round of philosophical scrutiny. In particular, I examine the third condition of the principle in its textbook formulation, namely, that the evil effect in question may not be the means to the good effect. My argument, in brief, is that the textbook formulation of the principle does not withstand philosophical scrutiny. Nevertheless, in the end, I do not claim that we should then “do away” with the principle altogether. Instead, we do well to understand it within the context of casuistry, the tradition of moral reasoning from which it issued. (shrink)

Background: Due to recent legislations on euthanasia and its current practice in the Netherlands and Belgium, issues of end-of-life medicine have become very vital in many European countries. In 2002, the Ethics Working Group of the German Association for Palliative Medicine (DGP) has conducted a survey among its physician members in order to evaluate their attitudes towards different end-of-life medical practices, such as euthanasia (EUT), physician-assisted suicide (PAS), and terminal sedation (TS). Methods: An anonymous questionnaire was sent to the 411 (...) DGP physicians, consisting of 14 multiple choice questions on positions that might be adopted in different hypothetical scenarios on situations of “intolerable suffering” in end-of-life care. For the sake of clarification, several definitions and legal judgements of different terms used in the German debate on premature termination of life were included. For statistical analysis t-tests and Pearson-correlations were used. Results: The response rate was 61% (n=251). The proportions of the respondents who were opposed to legalizing different forms of premature termination of life were: 90% opposed to EUT, 75% to PAS, 94% to PAS for psychiatric patients. Terminal sedation was accepted by 94% of the members. The main decisional bases drawn on for the answers were personal ethical values, professional experience with palliative care, knowledge of alternative approaches, knowledge of ethical guidelines and of the national legal frame. Conclusions: In sharp contrast to similar surveys conducted in other countries, only a minority of 9.6% of the DGP physicians supported the legalization of EUT. The misuse of medical knowledge for inhumane killing in the Nazi period did not play a relevant role for the respondents’ negative attitude towards EUT. Palliative care needs to be stronger established and promoted within the German health care system in order to improve the quality of end-of-life situations which subsequently is expected to lead to decreasing requests for EUT by terminally ill patients. (shrink)

Ethical investors are widely thought of as having two main goals. The negative goal of avoiding their investments to be morally tainted. The positive goal to further a certain ethical value they embrace or some normatively laden idea they hold by investing their money in a certain company. In light of these goals, the purpose of this paper is to provide an account of how we can explicitly include investors’ intentions when conceiving of ethical investment. The central idea is that (...) an investor’s intentions may act as both a negative and a positive qualifier for making investing ethical. If we subscribe to this account, there are interesting upshots with respect to how ethical investing compares to ethical giving as effective altruists construe it. (shrink)

Philosophers traditionally have been concerned both to explain intentional behavior and to evaluate it from a moral point of view. Some have maintained that whether actions (and their consequences) properly count as intended sometimes hinges on moral considerations - specifically, considerations of moral responsibility. The same claim has been made about an action's properly counting as having been done intentionally. These contentions will be made more precise in subsequent sections, where influential proponents are identified. Our aim in this paper is (...) to show that familiar defenses of these more precise claims are unpersuasive and that the claims do not merit acceptance. Our concern, more broadly, is to illuminate the place occupied by intention and intentional action in a conceptual scheme suited both to explanatory needs in the philosophy of mind to evaluative needs in moral philosophy. (shrink)

This article analyses current trends in and future expectations of nanotechnology and other key enabling technologies for security as well as dual use nanotechnology from the perspective of the ethical Just War Theory (JWT), interpreted as an instrument to increase the threshold for using armed force for solving conflicts. The aim is to investigate the relevance of the JWT to the ethical governance of research. The analysis gives rise to the following results. From the perspective of the JWT, military research (...) should be evaluated with different criteria than research for civil or civil security applications. From a technological perspective, the boundaries between technologies for civil and military applications are fuzzy. Therefore the JWT offers theoretical grounds for making clear distinctions between research for military, civil security and other applications that are not obvious from a purely technological perspective. Different actors bear responsibility for development of the technology than for resorting to armed force for solving conflicts or for use of weapons and military technologies in combat. Different criteria should be used for moral judgment of decisions made by each type of actor in each context. In addition to evaluation of potential consequences of future use of the weapons or military technologies under development, the JWT also prescribes ethical evaluation of the inherent intent and other foreseeable consequences of the development itself of new military technologies. (shrink)

Kai Draper’s War and Individual Rights: The Foundations of Just War Theory seeks to “give birth to an alternative approach” to traditional just war theory. This review seeks to analyse and evaluate this alternative approach. Draper’s approach to just war theory differs from other approaches in three ways. First, it is “highly individualistic.” Second, Draper’s approach avoids reliance upon the principle of double effect. Third, this approach is “largely rights-based”—it seeks “to understand the ethics of war mostly by way of (...) understanding certain fundamental moral rights”. This review will argue that Draper succeeds in offering an alternative to traditional just war theory that is both rights-based and capable of dispensing with the needless complexities of the principle of double effect. However this review will argue that Draper falls short of his ultimate goal of refuting Rousseau’s claim that war is “a relationship between State and State, in which individuals are enemies only by accident”. (shrink)

Stump and Timpe have recently proposed Thomistic based solutions to the traditional problem in Christian theology of how to relate grace and free will. By taking a closer look at the notion of control, I subject Timpe’s account – itself an extension of Stump’s account – to extended critique. I argue that the centrepiece of Timpe’s solution, his reliance on Dowe’s notion of quasi-causation, is misguided and irrelevant to the problem. As a result, Timpe’s account fails to avoid Semi-Pelagianism. I (...) canvass two alternatives, each of which adheres to the broad theological assumptions made by Stump and Timpe, including the positing of only one “unique” grace. I conclude that each of these proposals fails, although I argue that one comes as close as it is possible to get to a solution given the assumptions made. -/- . (shrink)

Background There is longstanding consensus on the need to include pregnant women in research. The goal of clinical research is to find highly regulated, carefully controlled, morally responsible ways to generate evidence about how to effectively and safely prevent illness or treat sick people. This manuscripts present a conceptual analysis of the ethicality of clinical trials in 3 scenarios: where the pregnant is involved in clinical trials as a participant during pregnancy for data that addresses pregnancy complications, where the pregnant (...) woman consents to clinical trial participation for an unborn baby that has complications, to generate data on complications at this stage of life, and where the mother may consent for participation of their newborn child in clinical trials. Methods Conceptual analysis. Findings Investigators often choose to exclude pregnant women and newborns from research, even where there is possibility for them to benefit from the study intervention. Objections include vulnerability of pregnant women, altered pharmacokinetics and risk of adverse effects, with a need to balance potential maternal and fetal risks and benefits of research participation. While the objections may be valid, not performing research magnifies what should be a carefully controlled risk during research, pushing this risk into the clinical setting, and subsequently posing a challenge to clinicians who are faced with making treatment decisions for pregnant patients with limited evidence of efficacy and safety. The potential benefits of fair inclusion in clinical trials outweigh the potential risks. Conclusion Research involving pregnant women is necessary to provide women with effective treatment during pregnancy, to promote fetal safety, and to reduce avoidable harm from suboptimal care and to provide pregnant women, their fetuses and newborns. (shrink)

ZusammenfassungDem sogenannten Knobe-Effekt zufolge bestimmt die moralische Valenz von Nebeneffekten menschlichen Verhaltens die Zuschreibung ihrer absichtlichen Verursachung. Wir argumentieren, dass erstens die empirisch ermittelten sozialpsychologischen Daten den Knobe-Effekt in der üblichen Lesart nicht belegen, vor allem wegen der unvollständigen Untersuchung der entscheidenden moralischen Varianzfaktoren. Zweitens zeigen wir, dass - und wie - eine spezifische Version des traditionellen Prinzips des Doppeleffekts den empirisch bestätigten Teil des Knobe-Effekts philosophisch erklärt. Die Erklärungskraft des Prinzips des Doppeleffekts kann auch als eine Rechtfertigung eben dieses (...) Prinzips gesehen werden. (shrink)

The “doctrine of double effect” has a pleasing ring to it. It is regarded by some as the cornerstone of any sound approach to end-of-life issues and by others as religious mumbo jumbo. Discussions about “the doctrine” often generate more heat than light. They are often conducted at cross-purposes and laced with footnotes from Leviticus.

Healthcare-associated infections due to multidrug-resistant organisms continue to increase in incidence. To control the transmission of these pathogens, such as methicillin-resistant Staphylococcus aureus , some have advocated active surveillance cultures of all hospitalized patients, followed by institution of contact precautions. While there has been extensive debate about the effectiveness of this approach in reducing infections, little attention has been given to the ethical issues raised by the intervention. Active surveillance for multidrug-resistant organisms is a quality improvement measure and ethical implications (...) arise through the potential to inadvertently cause harm. Unintended adverse effects may include decreased contact with healthcare workers, increased depression and anxiety, and increased rates of noninfectious adverse events among patients placed in contact precautions. The potential risks and benefits are not distributed fairly; patients placed in contact precautions are exposed to the risks, while those not isolated experience the benefit. Ethical challenges involve a conflict between the interests of the individual patient and the patient population not already colonized with the organism. For healthcare systems, active surveillance increases the complexity of bed management, exacerbating problems with patient placement, patient throughput, emergency department overcrowding and ambulance diversion for some hospitals. It also poses ethical dilemmas regarding societal resource allocation. Investing in an unproven or marginally beneficial quality improvement activity such as this must be balanced against other public health priorities competing for scarce resources. CiteULike Connotea Del.icio.us What's this? (shrink)

A recent administrative law decision in Victoria, Australia, applied double effect reasoning in a novel way. Double effect reasoning has hitherto been used to legitimate treatments which may shorten life but where the intent of treatment is pain relief. The situation reviewed by the Victorian tribunal went further, supporting actions where a doctor agrees to provide pentobarbitone to a patient at some time in the future if the patient feels at that time that his pain is unbearable and he wants (...) to end his life. The offer to provide the drug was described as a palliative treatment in that it gave reassurance and comfort to the patient. Double effect reasoning was extended in this instance to encompass potentially facilitating a patient’s death. This extension further muddies the murky double effect reasoning waters and creates another challenge to this concept. (shrink)

Judith Jarvis Thomson has recently proposed a new argument for the thesis that killing the one in the Trolley Problem is not permissible. Her argument relies on the introduction of a new scenario, in which the bystander may also sacrifice herself to save the five. Thomson argues that those not willing to sacrifice themselves if they could may not kill the one to save the five. Bryce Huebner and Marc Hauser have recently put Thomson's argument to empirical test by asking (...) people what they should do in the new trilemma case, in which they may also sacrifice themselves. They found that the majority judge that they should either kill the one or sacrifice themselves; Huebner and Hauser argue that those numbers speak against Thomson's argument. But Thomson's argument was about the dialectical effect of the new trilemma on the traditional dilemma, rather than about the trilemma itself. Here I present the results of a study in which I asked subjects first what they should do in the trilemma and then what they should do in the traditional Trolley Problem. I found that, if asked first about the trilemma, subjects then have the intuition that killing the one in the traditional Bystander at the Switch is not permissible?exactly what Thomson's argument had predicted. (shrink)

I argue against the Doctrine of Double Effect’s explanation of the moral difference between terror bombing and strategic bombing. I show that the standard thought-experiment of terror bombing and strategic bombing which dominates this debate is underdetermined with regards to the agents’ psychologies: (a) if Terror Bomber and Strategic Bomber have the same causal beliefs, then why does Terror Bomber set out to kill the children? It may then be this unwarranted and immoral choice and not the Doctrine of Double (...) Effect that explains the moral difference; (b) if the two have different causal beliefs, then we can’t rule out the counterfactual that, had Strategic Bomber had the same beliefs as Terror Bomber, she would have also acted as Terror Bomber did. (shrink)

I defend the argument that if embryo loss in stem cell research is morally problematic, then embryo loss in in vivo conception is similarly morally problematic. According to a recent challenge to this argument, we can distinguish between in vivo embryo loss and the in vitro embryo loss of stem cell research by appealing to the doctrine of double effect. I argue that this challenge fails to show that in vivo embryo loss is a mere unintended side effect while in (...) vitro embryo loss is an intended means and that, even if we refine the challenge by appealing to Michael Bratman's three roles of intention, the distinction is still unwarranted. (shrink)

There are some interesting similarities between Aristotle’s ‘mixed actions’ in Book III of the Nicomachean Ethics and the actions often thought to be justifiable with the Doctrine of Double Effect. Here I analyse these similarities by comparing Aristotle’s examples of mixed actions with standard cases from the literature on double effect such as, amongst others, strategic bombing, the trolley problem, and craniotomy. I find that, despite some common features such as the dilemmatic structure and the inevitability of a bad effect, (...) Aristotle’s mixed actions do not count as cases justifiable through application of the Doctrine of Double Effect because they fail to meet the crucial necessary condition of the Doctrine according to which the bad effect can only be a merely foreseen side-effect and not an intended means. (shrink)

We discuss in this essay the alternative techniques proposed for the isolation of human embryonic stem cells (hESCs) that attempt to satisfy moral issues surrounding killing embryos but show that these techniques are either redundant or do not achieve their intended aim. We discuss the difficulties associated with defining a human embryo and how the lack of clarity on this issue antagonises the ethical debate and impedes hESC research. We present scientific evidence showing that isolation of hESCs does not necessarily (...) "kill" human embryos. In addition, we argue that even those who accord inviolable moral status to the embryo should agree that hESC research is morally obligatory, as it is beneficial to the developmental potential of the embryo and society as a whole. (shrink)

The majority of embryos created in natural reproduction die spontaneously within a few weeks of conception. Some have argued that, therefore, if one believes the embryo is a person (in the normative sense) one should find ‘natural’ reproduction morally problematic. An extension of this argument holds that, if one accepts embryo deaths in natural reproduction, consistency requires that one also accepts embryo deaths that occur in (i) assisted reproduction via in vitro fertilisation (IVF) and (ii) embryo research. In a recent (...) paper in this journal, Timothy Murphy criticises both the initial argument and its extension. Murphy argues that double-effect reasoning can justify embryo deaths both in natural reproduction and IVF, but not in embryo research. Thus, according to Murphy, one can, without being inconsistent, (1) believe the embryo is a person and accept natural reproduction and IVF, and (2) accept natural reproduction and IVF, while rejecting embryo research on the ground that it involves embryo deaths. I show that Murphy's argument is problematic because double effect cannot justify embryo deaths in standard IVF practices. The problem is that the proportionality criterion of double effect is not met by such practices. Thus, Murphy's argument fails to support (1) and (2). An implication of his argument failing to support (2) is that it does not defeat the position I have defended in the past—that if one accepts standard IVF practices one should also accept embryo research, including research with embryos created solely for that purpose. (shrink)

This file contains the Bibliography of my book Mindlessness.

Thinking is overrated: golfers perform best when distracted and under pressure; firefighters make the right calls without a clue as to why; and you are yourself ill advised to look at your steps as you go down the stairs, or to try and remember your pin number before typing it in. Just do it, mindlessly. Both empirical psychologists and the common man have long worked out that thinking is often a bad idea, but philosophers still hang on to an intellectualist (...) picture of human action. This book challenges that picture and calls on philosophers to wake up to the power of mindlessness: it is our habits, skills and conventions that help us cope with a world way too diverse for us to hope to always reinterpret it. The book presents the empirical evidence that has been accumulating over the last few decades and offers a philosophical analysis of mindless phenomena such as habits, skilled activity, automatic actions, emotional and spontaneous reactions and social conventions, arguing that traditional philosophical theories of action should be revised to do justice to this forgotten but important part of our lives: when we act mindlessly, we are free and fully rational even though we neither deliberate nor are aware of what we are doing. (shrink)

Many people seem to understand the term 'dignity' as applying to all human persons regardless of their race, creed, sex, or religious beliefs. As to what the concept 'dignity' means is a difficult and complex problem. Is the concept 'dignity' an empty concept, void of meaning? What does it mean when we say that this or that person has dignity? Most of the current philosophical literature has very little to say as to what dignity is. I will argue that what (...) we need to find is a concept of dignity that accounts for both the infinite and the irreplaceable value of the human person. Following Kant and Linda Zagzebski, we can say that to be irreplaceable is to be above all comparison and to be of infinite value is to be above all price. This paper will explore how to understand the two aspects of dignity; infinite and irreplaceable value as being necessary components in understanding our intuitions that we have about human persons having 'dignity'. To show how both aspects of dignity are necessary, this paper will explore intuitions of the irreplaceability and infinite value of human persons by looking at the concrete experiences that we have of friendship and love. We will look at Gabriel Marcel's definition of the human person and methodology to see if we can better understand the irreplaceable aspect of the human person. In the last few pages of this thesis we will see how to metaphysically tie the knot between these two aspects. (shrink)

Ordinary Language Philosophy has largely fallen out of favour, and with it the belief in the primary importance of analyses of ordinary language for philosophical purposes. Still, in their various endeavours, philosophers not only from analytic but also from other backgrounds refer to the use and meaning of terms of interest in ordinary parlance. In doing so, they most commonly appeal to their own linguistic intuitions. Often, the appeal to individual intuitions is supplemented by reference to dictionaries. In recent times, (...) Internet search engine queries for expressions of interest have become quite popular. Apparently, philosophers attempt to surpass the limits of their own linguistic intuitions by appealing to experts or to factual uses of language. I argue that this attempt is commendable but that its execution is wanting. Instead of appealing to dictionaries or Internet queries, philosophers should employ computer-based linguistic corpora in order to confirm or falsify hypotheses about the factual use of language. This approach also has some advantages over methods employed by experimental philosophers. If the importance of ordinary language is stressed, the use of linguistic corpora is hardly avoidable. (shrink)

Distributive egalitarians believe that distributive justice is to be explained by the idea of distributive equality (DE) and that DE is of intrinsic value. The socio-relational critique argues that distributive egalitarianism does not account for the “true” value of equality, which rather lies in the idea of “equality as a substantive social value” (ESV). This paper examines the socio-relational critique and argues that it fails because – contrary to what the critique presupposes –, first, ESV is not conceptually distinct from (...) DE, and second, the idea of ESV cannot serve as a “foundation” or “root” of distributive egalitarianism. (shrink)