In light of the variety of uses of the term autonomy in recent bioethics literature, in this paper, I suggest that competence, not being as contested, is better placed to play the anti-paternalistic role currently assigned to autonomy. The demonstration of competence, I will argue, can provide individuals with robust spheres of non-interference in which they can pursue their lives in accordance with their own values. This protection from paternalism is achieved by granting individuals rights to non-interference upon demonstration of (...) competence. In this paper, I present a risk-sensitive account of competence as a means of grounding rights to non-interference. On a risk-sensitive account of competence individuals demonstrate their competence by exercising three capacities to the extent necessary to meet a threshold determined by the riskiness of the decision. These three capacities are the capacity to acquire knowledge, use instrumental rationality, and form and revise a life plan. (shrink)

The idea that respect for persons comprises the core of morality has long been associated with Kant and the ethics of the Groundwork of the Metaphysics of Morals. In particular, the second formulation of the categorical imperative , the Formula of Humanity as an End-in-itself – ‘So act that you use humanity, whether in your own person or in the person of any other, always at the same time as an end, never merely as a means’ – is often glossed (...) as enjoining us to respect persons as such. On what I think may fairly be called the received view, the injunction to respect persons as such is thus, for Kant, co-extensive with morality itself. (shrink)

Immanuel Kant (1724–1804) argued that moral requirements are based on a standard of rationality he dubbed the “Categorical Imperative” (CI). Immorality thus involves a violation of the CI and is thereby irrational. Other philosophers, such as Locke and Hobbes, had also argued that moral requirements are based on standards of rationality. However, these standards were either desirebased instrumental principles of rationality or based on sui generis rational intuitions. Kant agreed with many of his predecessors that an analysis of practical reason (...) will reveal only the requirement that rational agents must conform to instrumental principles. Yet he argued that conformity to the CI (a non-instrumental principle) and hence to moral requirements themselves, can nevertheless be shown to be essential to rational agency. This argument was based on his striking doctrine that a rational will must be regarded as autonomous, or free in the sense of being the author of the law that binds it. The fundamental principle of morality — the CI — is none other than the law of an autonomous will. Thus, at the heart of Kant's moral philosophy is a conception of reason whose reach in practical affairs goes well beyond that of a Humean ‘slave’ to the passions. Moreover, it is the presence of this self-governing reason in each person that Kant thought offered decisive grounds for viewing each as possessed of equal worth and deserving of equal respect. (shrink)

The main question explored by the book is: How can cross-border access to human genetic resources, such as blood or DNA samples, be governed in such a way as to achieve equity for vulnerable populations in developing countries? The book situates the field of genomic and genetic research within global health and research frameworks, describing the concerns that have been raised about the potential unfairness in exchanges during recent decades. Access to and sharing in the benefits of human biological resources (...) are aspects not regulated by any international legal framework such as the Convention on Biological Diversity, which applies only to the exchange of plants, animals and microorganisms, as well as to associated traditional knowledge. Examples of genetic research perceived as exploitative are provided in order to illustrate the legal vacuum concerning the global governance of human genetic resources. The main conclusions drawn from the legal and ethical analysis are: - Benefit sharing is crucial in order to avoid the exploitation of developing countries in human genetic research. - With functioning research ethics committees, undue inducement is less of a concern in genetic research than in other areas of medical research (e.g. clinical trials). - Concerns remain over research involving indigenous populations; accordingly, recommendations are provided. In drawing these conclusions, the book addresses in detail a highly pressing topic in global bioethics and international law. In this regard, it combines bioethical arguments with jurisprudence, in particular with reference to the law of equity and the legal concepts of duress (coercion), unconscionable dealing, and undue inducement. (shrink)

This book offers a unique and insightful analysis of Western and Middle Eastern concepts of dignity and illustrates them with examples of everyday life. Dignity in the 21st Century - Middle East and West is unique and insightful for a range of reasons. First, the book is co-authored by scholars from two different cultures (Middle East and West). As a result, the interpretations of dignity covered are broader than those in most Western publications. Second, the ambition of the book is (...) to use examples from everyday life and fiction to debate a range of dignity interpretations supplemented by philosophical and theological theories. Thus, the book is designed to be accessible to a general readership, which is further facilitated because it is published with full open access. Third, the book does not defend one superior theory of dignity, but instead presents six Western approaches and one based on the Koran and then asks whether a common essence can be detected. -/- The answer to the question whether a common essence can be detected between the Koranic interpretation of dignity and the main Western theories (virtue, Kant) is YES. The essence can be seen in dignity as a sense of self-worth, which persons have a duty to develop and respect in themselves and a duty to protect in others. The book ends with two recommendations. First, given the 7 concepts of dignity introduced in the book, meaningful dialogue can only be achieved if conversation partners clarify which variation they are using. Second, future collaborations between philosophers and psychologists might be helpful in moving theoretical knowledge on dignity as a sense of self-worth into practical action. The “scourges” of a sense of self-worth and dignity are identified by psychologists as violence, humiliation, disregard and embarrassment. To know more about how these can be avoided from psychologists, is helpful when protecting a sense of self-worth in others. (shrink)

The central role of human dignity in ethics and law stands in striking contrast to the disagreement regarding the meaning and normative content of this concept. Each competing theory of human dignity also has serious problems. Against the background of this situation, the meaning-oriented theory of human dignity suggests a new understanding that can integrate a number of conceptions of human dignity and resolve their theoretical problems. According to this new theory, respect for human dignity consists in respect for human (...) beings as beings that confer meaning and need meaning. The integrative and problem-solving power of this new approach is demonstrated here by examining two lines of theory: on the one hand, the Kantian tradition of an autonomy-oriented understanding of human dignity, and on the other hand, a theory that focuses on individual identity and protection against humiliation. (shrink)

Evidence suggests that the incidence of research misconduct is not in decline despite efforts to improve awareness, education and governance mechanisms. Two responses to this problem are favoured: first, the promotion of an agent-centred ethics approach to enhance researchers’ personal responsibility and accountability, and second, a change in research culture to relieve perceived pressures to engage in misconduct. This article discusses the challenges for both responses and explains how normative coherence through values alignment might assist. We argue that research integrity (...) and research ethics convey mixed messages, which are likely to contribute to a form of normative confusion. For the successful adoption of an agent-centred approach, normative coherence is needed between the two. To facilitate normative coherence, we propose that research ethics and research integrity be underpinned by a shared set of moral values that can be enacted via codes and guidelines and imbue research environments. Furthermore, to facilitate culture change, the same normative coherence is necessary at all levels of an institution. Only via values alignment between institutional aims, management, institutional practices and researchers can an ethical culture become truly embedded in research institutions. (shrink)

I argue that the current popularity of ‘ethics’ in general, and the extension of ‘professional ethics’ in particular, masks an increasingly unethical culture. Furthermore, attempts to codify ethics encourage a rule-governed approach, thus misunderstanding the nature of ethical practice and — whether or not inadvertently — serving to protect the professions from ethical considerations rather than the opposite.

On Kant's view, the feeling of respect is the mark of moral agency, and is peculiar to us, animals endowed with reason. Unlike any other feeling, respect originates in the contemplation of the moral law, that is, the idea of lawful activity. This idea works as a constraint on our deliberation by discounting the pretenses of our natural desires and demoting our selfish maxims. We experience its workings in the guise of respect. Respect shows that from the agent's subjective perspective, (...) morality is the experience of being bound and necessitated, but also of being free and emancipated from inclinations. (shrink)