Ultimately this book provides a theory of intergenerational justice that is both intellectually robust and practical with wide applicability to law and policy.

Genomic research results and incidental findings with health implications for a research participant are of potential interest not only to the participant, but also to the participant's family. Yet investigators lack guidance on return of results to relatives, including after the participant's death. In this paper, a national working group offers consensus analysis and recommendations, including an ethical framework to guide investigators in managing this challenging issue, before and after the participant's death.

This paper takes a novel approach to the active bioethical debate over whether advance medical directives have moral authority in dementia cases. Many have assumed that advance directives would lack moral authority if dementia truly produced a complete discontinuity in personal identity, such that the predementia individual is a separate individual from the postdementia individual. I argue that even if dementia were to undermine personal identity, the continuity of the body and the predementia individual’s rights over that body can support (...) the moral authority of advance directives. I propose that the predementia individual retains posthumous rights over her body that she acquired through historical embodiment in that body, and further argue that claims grounded in historical embodiment can sometimes override or exclude moral claims grounded in current embodiment. I close by considering how advance directives grounded in historical embodiment might be employed in practice and what they would and would not justify. (shrink)

This article targets the use of unclaimed bodies at American medical schools. Despite a growing sensitivity to the ethics of whole body donation in the field of clinical anatomy, unclaimed bodies continue to be used in teaching and research across the United States. I argue that the ongoing use of unclaimed bodies is unethical on the basis of its disregard for autonomy and consent, its potential to harm various individuals and groups, considerations of justice, and the threat it poses to (...) public trust in medical institutions. Additionally, I show how the best available defenses of the use of unclaimed bodies fail to be ethically persuasive. I argue that whole body donation ethically requires either the prior consent of the deceased or the explicit permission of their next of kin. Finally, I offer practical suggestions for institutions transitioning away from the use of unclaimed bodies. (shrink)

This article argues for the elimination of the concept of life worth living from philosophical vocabulary on three complementary grounds. First, the basic components of this concept suffer from multiple ambiguities, which hamper attempts to ground informative evaluative and classificatory judgments about the worth of life. Second, the criteria proposed to track the extension of the concept of life worth living rest on unsupported axiological assumptions and fail to identify precise and plausible referents for this concept. And third, the concept (...) of life worth living is not shown to serve any major evaluative or classificatory purpose besides those served by already available axiological concepts. By eliminating the concept of life worth living, philosophers will free themselves of the task of addressing ill-posed axiological questions and ground reflection about the worth of life on more rigorous conceptual foundations. (shrink)

Arguments for slavery reparations have fallen out of favor even as reparations for other forms of racial injustice are taken more seriously. This retreat is unsurprising, as arguments for slavery reparations often rely on two normatively irregular claims: that reparations are owed to the dead (as opposed to, say, their living heirs), and that the present generation inherits an as yet unrequited guilt from past generations. Outside of some strands of Black thought and activism on slavery reparations, these claims are (...) widely rejected. I develop an argument for slavery reparations around those foundational claims by adopting the normative framework of Immanuel Kant. On what I call the Basic Argument for slavery reparations, the application of Kant’s retributivist theory of punishment to slavery justifies reparations as a kind of proportional punishment for slavery. I also show that Kant’s philosophy offers reparations theorists resources to overcome several contemporary objections to slavery reparations. (shrink)

First, what constitutes a person's death? It is clear enough that people die when their lives end, but less clear what constitutes the ending of a person's life.

In this paper I discuss the problem of the Kantian line. The problem arises because the locus of value in Kantian ethics is rationality, which (counterintuitively) seems to entail that there are no duties to groups of beings like children. I argue that recent attempts to solve this problem by Wood and O’Neill overlook an important aspect of it before posing my own solution.

Many people attempt to give meaning to their lives by pursuing projects that they believe will bear fruit after they have died. Knowing that their death will preclude them from protecting or promoting such projects people who draw meaning from them will often attempt to secure their continuance by securing promises from others to serve as their caretakers after they die. But those who rely on such are faced with a problem: None of the four major accounts that have been (...) developed to explain directed promissory obligation (the Authority View, the Trust View, the Assurance View, and the Reliance View) support the view that we are obligated to keep our promises to persons who are now dead. But I will provide hope for those who wish to use such promises to protect the meaning with which they have endowed their lives. I will argue that while we cannot wrong a person who is now dead by breaking a promise made to her during her life, we could wrong the living by so doing. We thus (might) have reason to keep the promises that we made to those who are now dead. (shrink)

Burke suggests that we should view society as a partnership between the past, the present, and the future. I defend this idea by outlining how we can understand the interests of the past and future people and the obligations that they have towards each other. I argue that we have forward-looking obligations to leave the world a decent place, and backward-looking obligations to respect the legacy of the past. The latter obligation requires an understanding of the role that traditions and (...) meta-traditions should (and should not) play in tying together societies—especially national societies—over time. (shrink)

While anthropogenic species extinctions can be considered morally problematic for a range of reasons, they can also be described as a problem of interspecies justice. That is the focus of this paper in which we argue that human-caused species extinctions can be integrated within a non-anthropocentric account of reparative justice that is significantly similar to how reparation is understood within political theory at large. An account such as this faces a series of difficulties, such as how to make right past (...) injustices against victims that do not exist any longer and which belonged to species now extinct. For that purpose, we offer an argument in favour of symbolic forms of reparation in the form of, amongst other things, the preservation and restoration of habitat to materially repair the interspecies justice relationship; as well as monuments and education to honour the nonhuman dead. (shrink)

advanced directivesend-of-life decisionsharming the deadposthumous reproductiontransplant ethics.

Human body material removed post mortem is a particularly valuable resource for research. Considering the efforts that are currently being made to study the biochemical processes and possible genetic causes that underlie cancer and cardiovascular and neurodegenerative diseases, it is likely that this type of research will continue to gain in importance. However, post mortem procurement of human body material for research raises specific ethical concerns, more in particular with regard to the consent of the research participant. In this paper, (...) we attempt to determine which consent regime should govern the post mortem procurement of body material for research. In order to do so, we assess the various arguments that could be put forward in support of a duty to make body material available for research purposes after death. We argue that this duty does in practice not support conscription but is sufficiently strong to defend a policy of presumed rather than explicit consent. (shrink)

On some popular accounts of promissory obligation, a promise creates an obligation to the person to whom the promise is made . On such accounts, the wrong involved in breaking a promise is a wrong committed against a promisee. I will call such accounts ‘directed obligation’ accounts of promissory obligation. While I concede that directed obligation accounts make good sense of many of our promissory obligations, I aim to show that directed obligation accounts, at least in their current forms, cannot (...) accommodate an obligation to keep deathbed promises. While the term 'deathbed promise' refers to any promise made to a person who is dying, I focus specifically on deathbed promises which will not, or even cannot, be fulfilled until after the promisee's death. In what follows, I examine two prominent types of directed obligation account: rights-based accounts, which argue that a promissory obligation is a directed obligation because a promise gives the promisee certain rights, and harm accounts, which argue that a promissory obligation is a directed obligation because a promise puts the promisee in a special position to be harmed. I argue that neither version can accommodate an obligation to keep deathbed promises. (shrink)

The paper is a preliminary examination of the origin and role of psychological perception or “feeling” of dignity in human beings. Following Ayala's naturalistic account of morality, a sense of emotional dignity is seen as an outcome of processes of natural selection, cultural evolution, and above all a need for social inclusion. It is suggested that the existence of emotional dignity as part of a human species-related continuum provides an explanation of why we treat those in a persistent vegetative state, (...) the severely and hopelessly mentally impaired, the senile demented, cadavers and archaeological remains with dignity and respect. For older Europeans, dissonance between physical and mental abilities, unfamiliarity with social and cultural changes and relative proximity to death may influence their emotional dignity and hence vulnerability. (shrink)

In this article, we use the theory of Information Ethics to argue that deceased people have a prima facie moral right to privacy in the context of health data research, and that this should be reflected in regulation and guidelines. After death, people are no longer biological subjects but continue to exist as informational entities which can still be harmed/damaged. We find that while the instrumental value of recognising post-mortem privacy lies in the preservation of the social contract for health (...) research, its intrinsic value is grounded in respect for the dignity of the post-mortem informational entity. However, existing guidance on post-mortem data protection is available only in the context of genetic studies. In comparing the characteristics of genetic data and other health-related data, we identify two features of DNA often given as arguments for this genetic exceptionalism: relationality and embodiment. We use these concepts to show that at the appropriate Level of Abstraction, there is no morally relevant distinction between posthumous genetic and other health data. Thus, genetic data should not automatically receive special moral status after death. Instead we make a plea for ‘contextual exceptionalism’. Our analysis concludes by reflecting on a real-world case and providing suggestions for contextual factors that researchers and oversight bodies should take into account when designing and evaluating research projects with health data from deceased subjects. (shrink)

Recent technical developments in genetictesting has led to a situation where the DNA inpreviously stored tissue samples can beextracted and used for genetic analysis. Thisraises the question of how to decide whether aspecific use of such samples should be allowed.Using the genetic testing of ancient DNA ingeneral, and the DNA of the pharaoh Tutankhamenin particular as examples this paper analysesthe question. It investigates whether ethicalframeworks based on proxy consent, culturalaffiliation, ownership, or the privacy rightsof the dead are appropriate and justifiable (...) inthis context. The conclusion is that frameworksbased on proxy consent, cultural affiliation,and ownership are not very useful. (shrink)

In most, if not all, jurisdictions with active organ transplantation programs, there is a persistent desire to increase donation rates because the demand for transplantable organs exceeds the supply. China, in particular, faces an extraordinary gap between the number of organs donated by deceased donors and the number of people seeking one or more transplants. China might look to Western countries with higher donation rates to determine how best to introduce Western practices into the Chinese system. In attempting to increase (...) its organ donation rate, China must not only ensure that its organ donation system reflects different Chinese cultural values, but also that it avoids the ethical problems of the United States and of other Western systems. This article examines four such problems. They concern the family, obtaining permission for organ donation, the definition and diagnosis of “brain death,” and trust. Revisions to the Chinese system should involve a careful look to China and Chinese cultural resources rather than to Western models. (shrink)

Both moral and legal theory feature prominent talk about rights. Yet there is very little agreement about what rights are, about why we use rights in our moral or legal theories, or about what to do when there is a conflict between rights. This article surveys many of the popular theory for analysing rights and explaining their scope.

History is, indeed, little more than the register of the crimes, follies, and misfortunes of mankind.Edward Gibbon,The Decline and Fall of the Roman EmpireI argue that there are duties that can be called ‘Moral duties due to history’ or, in short, ‘Duties to History’ (DTH). My claim is not the familiar thought that we need to learn from history on how to live better in the present and going forward, but that history itself creates moral duties. In addition to those (...) obligations we currently recognise in response to the present and the future, there also exist special obligations in response to the past. If convincing, this means that our lives ought to be guided, in part, not only by our obligations to the living but by our DTH. This is a surprising result, with significant and sometimes perplexing implications. My focus is on the obligations of individuals in the light of history rather than on collective duties.I argue that there are duties that can be called ‘Moral duties due to history’ or, in short, ‘Duties to History’ (DTH). My claim is not the familiar thought that we need to learn from history on how to live better in the present and going forward, but that history itself creates moral duties. In addition to those obligations we currently recognise in response to the present and the future, there also exist special obligations in response to the past; such as obligations to good people in the past, but going beyond them. If convincing, this means that our lives ought to be guided, in part, not only by our obligations to the living but by our DTH. This is a surprising result, with significant and sometimes perplexing implications. My focus is on the obligations of individuals in the light of history rather than on collective duties. (shrink)

The deceased's prior consent to posthumous reproduction is a common requirement in many common law jurisdictions. This paper critically evaluates four arguments advanced to justify the presumption against consent. It is argued that, in situations where death is caused by sudden trauma, not only is there inadequate justification for the presumption against consent, but there are good reasons to reverse the presumption. The article concludes that the precondition of prior consent may be inappropriate in these situations.

The question of whether individuals retain interests or can be harmed after death is highly contentious, particularly within the context of deceased organ retrieval, retention and use. This paper argues that posthumous interests and/or harms can and do exist in the Konkomba traditional setting through the concept of ancestorship, a reputational concept of immense cultural and existential significance in this setting. I adopt Joel Feinberg’s account of harms as a setback to interests. The paper argues that a socio-culturally sensitive regulatory (...) framework does not necessarily exclude the donation of human biomaterials for transplant and science research. Indeed, when customary values are explored with open-mindedness and sensitivity it may be shown that such donation can form part of the important customs of some communities in this jurisdiction. Accordingly, a context-appropriate governance framework could utilise the cultural value of ancestorship as an incentive to encourage organ donation in the Ghanaian traditional setting. (shrink)

Some animal defenders are committed to complete abstinence from animal products. However the strongest arguments for adopting veganism only seem to require that one avoid using animal products, where use or procurement of these products will harm sentient animals. As such, there is seemingly a gap between our intuition and our argument. In this article I attempt to defend the more comprehensive claim that we have a moral reason to avoid using animal products, regardless of the method of procurement. I (...) argue that animal bodies give rise to properties which grant sentient animals’ moral status and in light of this, animal bodies possess final value in themselves. This final value gives us a moral reason not to commodify animal bodies, which means we have a defeasible reason to abstain from using animal products in almost all circumstances. (shrink)

Ravelingien et al have suggested that early human xenotransplantation trials should be carried out on patients who are in a permanent vegetative state (PVS) and who have previously granted their consent to the use of their bodies in such research in the event of their cortical death. Unfortunately, their philosophical defence of this suggestion is unsatisfactory in its current formulation, as it equivocates on the key question of the status of patients who are in a PVS. The solution proposed by (...) them rests on the idea that it should be up to people themselves to determine when they should be treated as dead. Yet the authors clearly believe (and state) that patients who are in a PVS are in fact dead. Finally, given the public good that their proposal is intended to achieve, the moral importance they place on the consent of a person to the use of his or her body in research is ultimately only defensible in so far as this consent represents the wishes of a living person. It is thus only a gentle caricature of their position to suggest that according to their account, consent to participation in xenotransplantation research is a “right of the living dead”. The equivocation by Ravelingien et al on the question of whether these people are living or dead means that they avoid confronting the implications of their argument. The solution proposed by Ravelingien et al to the problem of how we should proceed with xenotransplantation research is therefore not as neat as it first seems to be. (shrink)

This article aims to explore the concept of victimless damage. This refers to paradoxical cases where a perpetrator and a moral wrong can be easily identified, but where somehow the role of the victim as such can be questioned. In order to explore this concept, I will first offer a typology of cases that could be labelled under this umbrella concept—namely, cases of deceased victims, biotechnological or no-identity cases, and the ones related to lack of awareness due to epistemic injustice. (...) Then, after highlighting the common traits and discussing some fuzzy cases, I will flesh out the main arguments for and against of the existence of and need for this concept, on the basis of both moral objectivism and subjectivism. In my view, delving into these arguments could shed some light on the metaethical debate on the sine qua non conditions of moral damage and its relation to moral wrongness. Finally, I will conclude by advocating for the need to introduce a gradational concept of moral damage and the second-person perspective into moral philosophy in order to take into account potential cases of victimless damage, but without having to accept the premises of moral realism. (shrink)

In 2008 the Australian Government introduced a national reform agenda to increase organ and tissue donation. Australia continues to perform poorly by international standards on measures of organ procurement, however. This paper outlines three proposals to improve donation rates and considers the empirical evidence available for each. A number of ethical objections frequently given to resist such proposals are also addressed. Firstly, it is recommended that Australia implement an ‘opt-out’ system of organ donation. Secondly, the existing veto rules should be (...) changed to better protect the wishes of those who wish to donate. Finally, a numer of incentives should be offered to increase donation rates; these could include incentives of financial value, but also non-financial incentives such as prioritisation for the receipt of organs for previous donors. (shrink)

Two contemporary strategies in cadaver organ transplantation, both with the potential to affect significantly expanding organ transplant waiting list sizes, have evolved: elective ventilation and use of nonheart-beating donors. Both are undergoing a period of critical review. It is not clear how widely EV is practiced around the world. In Great Britain, the Royal Devon and Exeter Hospital was the first hospital to develop an EV protocol, in 1988, after which other British hospitals followed suit. In the 1980s, new NHBD (...) protocols of two distinct types were implemented worldwide, although both rely on death confirmed by traditional cardiopulmonary criteria. The first type involves the removal of organs immediately after death, the preeminent example being the University of Pittsburgh Medical Center Protocol. The second involves the perfusion and cooling of kidneys immediately following death and subsequent organ removal. Protocols of this type have sprung up in Holland, Great Britain, Italy, France, Spain, Japan, and the United States. (shrink)

Those who believe that they have special obligations to their community — to their family, state or nation, clan, tribe, or cultural group — often insist that they have duties not merely to present and future members. They also claim to have responsibilities to, or in respect to, their predecessors. David Miller, in his defence of ‘nationality,’ claims that the existence of a nation as a historical community is one of the features which make it ‘a community of obligation.’ ‘“Because (...) our forebears have toiled and spilt their blood to build and defend the nation, we who are born into it inherit an obligation to continue their work….’” Being a member of a nation, says Yael Tamir, requires individuals to keep faith with its history. Annette Baier thinks that if we fail to pass on our inherited public goods to our descendants we can be blamed not only for harming their interests but also for not carrying out the intentions of our forebears. (shrink)

It is widely held that to break a promise that one made to a person who is now dead would be to wrong her. This view undergirds many positions in bioethics, ranging from those that concern who may access a person’s medical records after she has died, to questions concerning organ procurement and posthumous procreation. Ashley Dressel has argued that there is no reason to believe that promissory obligations can be owed to people who are dead. Although her arguments are (...) unsuccessful, others establish that neither of the promissory obligation accounts that she considers (the “Authority Account” and the “harm-based view”) can justify the standard view that directed posthumous promissory obligation is possible. However, this does not mean that the received view that we should keep our promises to the dead is mistaken. First, the theoretical commitments and argumentative strategies of those who endorse the possibility of posthumous promissory obligations preclude them from grounding such on either of these accounts of directed promissory obligation. They are thus already committed to justifying such obligations in other ways. Second, the obligation to keep promises to the dead could be justified on the grounds that not to do so would adversely affect the living. (shrink)

Journal of Social Philosophy, EarlyView.

The question, what measures to address the shortage of transplantable organs are ethically permissible? requires careful attention because, apart from its impact on medical practice, the stance we espouse here reflects our interpretations of human freedom and mortality. To raise the number of available organs, on utilitarian grounds, bioethicists and medical professionals increasingly support mandatory procurement. This view is at odds with the Catechism of the Catholic Church, according to which ‘[o]rgan donation after death is a noble and meritorious act’ (...) but ethically impermissible absent consent. Those who concur with this position, but would oppose conscription on independent philosophical grounds, have not yet found a voice in the Western tradition comparable in strength to the utilitarian basis of the policy’s support, for Kantian and Aristotelian ethics, too, lend themselves to a requirement that we make our organs available to others when they can no longer serve ourselves. One finds an ethical wedge against conscription in an unexpected philosophical locale: the ‘fundamental ontology’ of Heidegger’s Being and Time, where pertinent individual choices arc protectively over what happens post mortem. Heidegger’s perspective on this issue thus meshes, not with other philosophical voices, but with Catholic doctrine—a surprising convergence of atheistic and theistic approaches to our flourishing whose ground I address in the article’s conclusion. (shrink)

The aim of the paper is to confront some challenges raised by intergenerational justice from the perspective of Martha Nussbaum’s capabilities approach. After having sketched her account, the essay deals with some objections to it from an environmental perspective, arguing that, contrary to some critics, it can be a valuable basis for reflecting on our duties towards future generations. More precisely, I focus on how the CA provides promising insights to address two central problems of intergenerational ethics: 1) the so-called (...) ‘circumstances of justice;’ 2) the problem of the asymmetry between present and future generations. In both cases, I argue that the philosophical anthropology underlying the CA is better suited than the contractualist one to include future generations into the realm of justice and ground our motivation to care for them. After underlining the potential of the CA, in the concluding remarks I will underline a potential flaw of this theory, i.e. the lack of guidance when it comes to the trade-offs between our rights and well-being and those of the unborn. (shrink)

Some animal defenders are committed to complete abstinence from animal products. However the strongest arguments for adopting veganism only seem to require that one avoid using animal products, where use or procurement of these products will harm sentient animals. As such, there is seemingly a gap between our intuition and our argument. In this article I attempt to defend the more comprehensive claim that we have a moral reason to avoid using animal products, regardless of the method of procurement. I (...) argue that animal bodies give rise to properties which grant sentient animals’ moral status and in light of this, animal bodies possess final value in themselves. This final value gives us a moral reason not to commodify animal bodies, which means we have a defeasible reason to abstain from using animal products in almost all circumstances. (shrink)

I argue that desire satisfaction theories of welfare are not committed to the view that changes in welfare levels can happen after death, or that events that occur after death impact the agent's welfare levels now. My argument is that events that occur after death have only epistemological import. They may reveal that the person was successful (unsuccessful) in life, but the desire was already frustrated or satisfied before the person died. The virtue of the account is that it gives (...) us a way to acknowledge both the intuition that we cannot be harmed after we die and, in a sense, the intuition that things that happen after we die are relevant to our lives. (shrink)

Ethical issues are of foremost importance in modern bio-medical science. Ethical guidelines and socio-cultural public awareness exist for modern samples, whereas for ancient mummy studies both are de facto lacking. This is particularly striking considering the fact that examinations are done without informed consent or that the investigations are invasive due to technological aspects and that it affects personality traits. The aim of this study is to show the pro and contra arguments of ancient mummy research from an ethical point (...) of view with a particular focus on the various stakeholders involved in this research. Relevant stakeholders in addition to the examined individual are, for example, a particular researcher, and the science community in general, likely descendents of the mummy or any future generation. Our broad discussion of the moral dilemma of mummy research should help to extract relevant decision-making criteria for any such study in future. We specifically do not make any recommendations about how to rate these decision-factors, since this is highly dependent on temporal and cultural affiliations of the involved researcher. The sustainability of modern mummy research is dependent on ethical orientation, which can only be given and eventually settled in an interdisciplinary approach such as the one we attempt to present here. (shrink)

With the advanced methods of analysing old biological material, it is pressing to discuss what should be allowed to be done with human remains, particularly for well documented historical individuals. We argue that Queen Christina of Sweden, who challenged the traditional gender roles, has an interest in maintaining her privacy when there are continued attempts to reveal her ‘true’ gender. In the long-running philosophical debate on posthumous wronging, the fundamental question is: Who is wronged? Our aim is to find this (...) ‘missing subject’ using narrative theory.Narrative identity emphasises the fact that no person is alone in knowing or telling their life story. People’s lives are entangled and parts of the life story of a deceased person can remain in the living realm. Since the narrative identity of a person does not necessarily end upon their death, and this narrative continues to relate directly to the person who once existed, it is the narrative subject that can continue to be posthumously wronged. Queen Christina can no longer maintain her own identity, but we maintain it by our research into her life. We propose three duties relevant for posthumous wronging: the duty of truthfulness, the duty of recognition and the duty to respect privacy. (shrink)

In his recent book, Harm to Others, Joel Feinberg addresses the question whether a person can be harmed after his or her own death, that is, whether posthumous harm is a logical possibility. There is a very strong tendency to suppose that harm to the dead is simply inconceivable. After all, there cannot be harm without a subject to be harmed, but when death occurs it appears to obliterate the subject thus excluding the possibility of harm. On the other hand, (...) there is an inclination to believe that harmful events can indeed occur posthumously. As Aristotle observed, “a dead man is popularly believed to be capable of having both good and ill fortune—honour and dishonour and prosperity and the loss of it among his children and descendants generally—in exactly the same way as if he were alive but unaware or unobservant of what was happening”. Feinberg sides with Aristotle on this issue and develops an intriguing theory purporting to show how posthumous harms are possible. My intention in this paper is to argue that Feinberg's account meets with such serious difficulties that we must either develop an alternative theory or agree with those who claim that death logically excludes the possibility of harm. I shall begin in §2 with a brief sketch of Feinberg's provocative theory. This will be followed in §3 by my comments and criticisms. Section 4 will close with suggestions about where Feinberg's account goes wrong and how it might be repaired. (shrink)

Uterus transplantation (UTx) is highly anticipated for the benefits that it might bring to individuals wanting to carry a pregnancy in order to reproduce who do not have a functioning uterus. The surgery—now having been performed successfully in several countries around the world—remains experimental. However, UTx is at some point expected to become a routine treatment for people without a uterus and considering themselves in need of one: women with absolute uterine factor infertility; transgender women; and even cisgender men who (...) wish to gestate. Given the unique benefits UTx offers, uteri are likely to be ‘in demand’, and such demand, we suggest, will feasibly outstrip supply. Therefore, allocation of those uteri available for transplant may become a pressing issue. In this paper, we consider one aspect of organ allocation—the preferences of donors in making a directed or conditional donation of their uterus. To what extent, in the context of uterus donation, would such donations be ethically permissible? (shrink)

One of the most fundamental tenets of medical research, enshrined in the World Medical Association’s Declaration of Helsinki, is that scientific investigation involving human beings requires the informed consent of the subjects.

The current voluntary posthumous organ donation policy fails to provide sufficient organs to meet the demand. In these circumstances xenografts have been regarded as an expedient solution. The public perception seems to be that the only impediments to this technology are technical and biological. There are, however, important ethical issues raised by xenotransplantation that need to be considered as a matter of urgency. When the ethical issues raised by using non-human animals to provide replacement organs for human beings are considered (...) in a wider context and the possible alternatives to xenotransplantation are taken into account, a new dimension is added to the debate. In this broader context it is argued that a less ethically problematic solution is to adopt a presumed consent or opt-out organ procurement policy to regulate posthumous organ harvesting from humans. If there are still too few organs available, then the whole question of transplantation must be reassessed. (shrink)

Since certain temporal aspects of the relation between duties, rights, and the interests that rights protect have not been fully theorized, a puzzle arises when we come to consider whether and how entities such as members of future generations, fetuses, deceased persons, and unconscious persons are able to possess rights. This paper evolves a unified structure for attributing the ability to possess rights to such entities. It demonstrates that while, under any cogent theory of rights-attributions, rights and duties must be (...) strictly contemporaneous, the interests that rights protect need not temporally coincide with those rights. (shrink)

In der vorliegenden Arbeit wird eine normative Analyse und Verteidigung der Erbschaftssteuer unternommen. Zunächst wird eine egalitaristische Argumentation für die Steuer entfaltet. Aufgrund ihrer progressiven Struktur ist die Erbschaftssteuer ein geeignetes Instrument, um der wachsenden ökonomischen Ungleichheit entgegenzuwirken und letztlich verschiedene egalitäre Ideale (politische Gleichheit, Chancengleicheit etc.) zu befördern. Anschließend wird untersucht, wie aus normativer Perspektive zu beurteilen ist, dass der Erblasser bei Erhebung der Steuer nicht mehr lebt. Die restliche Arbeit besteht in einer Auseinandersetzung mit den wichtigsten Einwänden gegen (...) die Erbschaftssteuer. So wird oft behauptet, diese verletze die natürlichen Eigentumsrechte des Erblassers bzw. des Erben und sie ignoriere zudem die Verdienstansprüche des Erblassers. Schließlich sei die Steuer aus diversen "familien-basierten" Erwägungen abzulehnen. Nicht nur werden diese Einwände erfolgreich zurückgewiesen; ferner wird gezeigt, dass einige der, diesen Argumenten zugrundeliegenden, Prinzipien selbst zur Verteidigung einer egalitären Erbschaftssteuer (also einer Erbschaftssteuer, die aus egalitären Prinzipien folgt) herangezogen werden können. (shrink)

Past injustices demand a response if they have led to present deprivation. But skeptica arthe that there is no need to introduce a self-contained concept of 'historical justice' as our general concepts of justice provide all the necessary resources to deal with present inequalities. A rights-based approach to intergenerational issues has some advantages when compared to rival approaches: those based on intergenerational community; for example; or on obligations deriving from traditional continuity. While it is possible to ascribe rights to beings (...) who are not presently in existence; the case for ascribing rights to future generations is much stronger than for past generations. (shrink)