This volume reflects the development and theoretical foundation of a new paradigm for critical thinking based on inquiry. The field of critical thinking, as manifested in the Informal Logic movement, developed primarily as a response to the inadequacies of formalism to represent actual argumentative practice and to provide useful argumentative skills to students. Because of this, the primary focus of the field has been on informal arguments rather than formal reasoning. Yet the formalist history of the field is still evident (...) in its emphasis, with respect to both theory and pedagogy, on the structure and evaluation of individual, de-contextualized arguments. It is our view that such a view of critical thinking is excessively narrow and limited, failing to provide an understanding of argumentation as largely a matter of comparative evaluation of a variety of contending positions and arguments with the goal of reaching a reasoned judgment on an issue. As a consequence, traditional critical thinking instruction is problematic in failing to provide the reasoning skills that students need in order to accomplish this goal. Instead, the goal of critical thinking instruction has been seen largely as a defensive one: of learning to not fall prey to invalid, inadequate, or fallacious arguments. (shrink)

There is a particular moral theory in which human rights are conceived as indestructible rights. Using Dworkin’s words we could say this is a good way of taking rights seriously. However, we may also ask whether there is another way of taking rights as seriously as Dworkin says without being a supporter of that theory. From this point of view, perhaps human rights cannot be considered neither as absolute ; nor universally valid ; and not even inalienable. Can this proposal (...) be seen as another way of taking rights seriously? (shrink)

Normative explanations, which specify why things have the normative features they do, are ubiquitous in normative theory and ordinary thought. But there is much less work on normative explanation than on scientific or metaphysical explanation. Skow (2016) argues that a complete answer to the question why some fact Q occurs consists in all of the reasons why Q occurs. This paper explores this theory as a case study of a general theory that promises to offer us a grip on normative (...) explanation which is independent of particular normative theories. I first argue that the theory doesn’t give an adequate account of certain enablers of reasons which are important in normative explanation. I then formulate and reject three responses on behalf of the theory. But I suggest that since theories of this general sort have the right kind of resources to illuminate how normative explanation might be similar to and different from explanations in other domains, they nonetheless merit further exploration by normative theorists. (shrink)

_ Source: _Page Count 18 Bart Streumer argues that all normative properties are descriptive properties. His first argument is based on the principle that necessarily coextensive predicates ascribe the same property, and the claim that there is a descriptive predicate that is necessarily coextensive with normative predicates. From this Streumer concludes that normative properties are identical with descriptive properties. I argue that, even if we accept, this conclusion does not follow. Normative properties could only be descriptive properties if there is (...) some descriptive way in which all instances of normative properties are similar. But Streumer does not show that, and the prospects for doing so are, I believe, not good. His second argument rests on the premise that the nature of normative properties cannot depend on which first order normative theory is true. I argue that this premise is false, and that the argument for it does not sit comfortably with. (shrink)

Lilian Bermejo-Luque has posed these questions:1.What is the relationship between presumption and presumptive inference? 2.What are the correctness conditions for presumptions and presumptive inferences? Cohen’s method of relevant variables, Toulmin’s model, and Rescher’s theory of plausibility suggest answers. An inference is presumptive just in case its warrant transfers presumption from its premises to its conclusion. A warrant licencing an inference from the claim that an empirical property φ holds to the claim that some other property ψ holds is backed by (...) observation of a constant conjunction of those properties. The stronger the backing, the stronger the warrant. Warrants may be defeated by instances of φ holding in conjunction with some property χ and ψ not holding. The method of relevant variables directs us to organize such defeating properties into relevant variables. We then test the strength of a warrant by seeing how many variables fail to have a value which defeats the warrant. The more variables with no defeater, the stronger the warrant. We may construct a canonical ordering of the relevant variables by ranking them according to the plausibility of their including defeating values. We may evaluate the strength not only of empirically backed warrants, but warrants backed by institutional rules, such as a branch of law, or by a priori intuited connections between properties. An inference rule will be presumptive just in case the plausibility of its warrant being defeated is below some specified level. (shrink)

Although the managerial practice of cheating spans complex and heterogeneous situations, most business ethics scholars consider that the very idea of cheating is indefensible on moral grounds, and quickly dismiss it as wrongdoing. This paper proposes to fine-tune this conventional moral assessment by arguing that some forms of cheating can be justified—or at least excused. To do so, it starts with a value-free definition of cheating that covers a wide diversity of situations: “breaking the rules while deliberately leading or allowing (...) others to think they have been respected.” While using this definition at the metaethical level, the paper contends that the moral assessment of cheating depends on the obligation to comply with the rules. There are rules which do not entail moral obligations, and there are special circumstances where other more important obligations override the obligation to comply with the rules. Furthermore, the paper argues that respecting the penalty rules also influences the moral assessment of cheating on the rules. The key interest of this endeavor lies in contributing to building a more solid theoretical framework for the study of cheating in management, which may replace our common prejudices and basic intuitions on this matter. (shrink)

A powerful argument against the counterfactual comparative account of harm is that it cannot distinguish harming from failing to benefit. In reply to this problem, I suggest a new account of harm. The account is a counterfactual comparative one, but it counts as harms only those events that make a person occupy his level of well-being at the world at which the event occurs. This account distinguishes harming from failing to benefit in a way that accommodates our intuitions about the (...) standard problem cases. In laying the groundwork for this account, I also demonstrate that rival accounts of harm are able to distinguish harming from failing to benefit only if, and because, they also appeal to the distinction between making upshots happen and allowing upshots to happen. One important implication of my discussion is that preserving the moral asymmetry between harming and failing to benefit requires a commitment to the existence of a metaphysical and moral distinction between making and allowing. (shrink)

Currently, value sensitive design (VSD) does not commit to a particular ethical theory. Critiques contend that without such an explicit commitment, VSD lacks a methodology for distinguishing genuine moral values from mere stakeholders-preferences and runs the risk of attending to a set of values that is unprincipled or unbounded. We argue that VSD practitioners need to complement it with an ethical theory. We argue in favour of a mid-level ethical theory to fulfil this role.

This article sets out a formal procedure for determining the probability that God would do a specified action, using our moral knowledge and understanding God as a perfect being. To motivate developing the procedure I show how natural theology – design arguments, the problems of evil and divine hiddenness, and the treatment of miracles and religious experiences as evidence for claims about God – routinely appeals to judgments involving these probabilities. To set out the procedure, I describe a decision-theoretic model (...) for practical reasoning which is deontological so as to appeal to theists, but is designed not to presuppose any substantive moral commitments, and to accommodate normative and non-normative uncertainty. Then I explain how judgments about what we probably ought to do can be transformed into judgments about what God would probably do. Then I show the usefulness of the procedure by describing how it can help structure discussions in natural theology and a-theology, and how it offers an attractive alternative to ‘skeptical theism’. (shrink)

Advances at the interface between the biological sciences and engineering are giving rise to emerging research fields such as synthetic biology. Harnessing the potential of synthetic biology requires timely and adequate translation into clinical practice. However, the translational research enterprise is currently facing fundamental obstacles that slow down the transition of scientific discoveries from the laboratory to the patient bedside. These obstacles including scarce financial resources and deficiency of organizational and logistic settings are widely discussed as primary impediments to translational (...) research. In addition, a number of socio-ethical considerations inherent in translational research need to be addressed. As the translational capacity of synthetic biology is tightly linked to its social acceptance and ethical approval, ethical limitations may—together with financial and organizational problems—be co-determinants of suboptimal translation. Therefore, an early assessment of such limitations will contribute to proactively favor successful translation and prevent the promising potential of synthetic biology from remaining under-expressed. Through the discussion of two case-specific inventions in synthetic biology and their associated ethical implications, we illustrate the socio-ethical challenges ahead in the process of implementing synthetic biology into clinical practice. Since reducing the translational lag is essential for delivering the benefits of basic biomedical research to society at large and promoting global health, we advocate a moral obligation to accelerating translational research: the “translational imperative.”. (shrink)

Is there—or rather, ought there to be—a presumption of atheism, as Antony Flew so famously argued nearly half a century ago? It is time to revisit this issue. After clarifying the concept of a presumption of atheism, I take up the evaluative question of whether there ought to be a presumption of atheism, focusing on Flew’s arguments for an affirmative answer. I conclude that Flew’s arguments, one of which rests on an analogy with the presumption of innocence, fail.

The aim of this article is to draw a sketch of an ontology for Realist Non-Naturalist Cognitivists. A distinction is made between moral property-universals and moral property-particulars. It is argued, first, that moral property-universals have the same ontological status as non-moral property-universals; second, that moral property-universals have many instances in the spatio-temporal world; third that these moral property-instances or -particulars have the same ontological status as non-moral property-particulars.

In the practice of jury nullification, a jury votes to acquit a defendant in disregard of the factual evidence, on the grounds that a conviction would result in injustice, either because the law itself is unjust or because its application in the particular case would be unjust. Though the practice is widely condemned by courts, the arguments against jury nullification are surprisingly weak. I argue that, pursuant to the general ethical duty to avoid causing unjust harms to others, jurors are (...) often morally obligated to disregard the law. (shrink)

This paper is about how moral disagreement matters for metaethics. It has four parts. In the first part I argue that moral facts are subject to a certain epistemic accessibility requirement. Namely, moral facts must be accessible to some possible agent. In the second part I show that because this accessibility requirement on moral facts holds, there is a route from facts about the moral disagreements of agents in idealized conditions to conclusions about what moral facts there are. In the (...) third part I build on this route to show that (*) if there is significant moral disagreement in idealized conditions, then our understanding of morality is fatally flawed and we should accept relativism over non-naturalism and quasi-realism. So, if, like many, you think that there would be significant moral disagreement in idealized conditions, you should hold that our understanding of morality is fatally flawed and reject non-naturalism and quasi-realism. In the fourth part of this paper I show that (*) undermines the plausibility of non-naturalism, quasi-realism, and the view that our understanding of morality is not fatally flawed even if we do not have sufficient reason to believe that there would be significant moral disagreement in idealized conditions. (shrink)

As the trolley problem runs its course, consequentialists tend to adopt one of two strategies: silently take comfort in the fact that deontological rivals face their own enduring difficulties, or appeal to cognitive psychology to discredit the deontological intuitions on which the trolley problem depends. I refer to the first strategy as silent schadenfreude and the second as debunking attack. My aim in this paper is to argue that consequentialists ought to reject both strategies and instead opt for what I (...) call robust advantage. This strategy emphasizes the intricate calculations that consequentialists employ to defend against objections based on friendship and integrity. I argue that these calculations offer consequentialism an explanatory advantage over deontology in the context of the trolley problem. It requires striking a delicate balance between deeply internalized dispositions to avoid causing harm and a context-sensitive ability to prevent disasters; however, empirical data help consequentialism on this front by illustrating that the integration of separate cognitive functions is an ordinary part of human psychology. (shrink)

The paper discusses the adequate role of ideal theory for the discussion of practical problems. Therefore, I will reconstruct the Rawlsian understanding of the ideal-theoretical method and confront it with the critiques of Raymond Geuss and Amartya Sen. While Geuss is sceptical, whether ideal theory provides an appropriately critical perspective, Sen doubts the practical usefulness of ideal-theoretical models. It will be shown, that Rawlsian ideal theory can deal with these criticisms and that it is a useful tool for solving practical (...) problems. (shrink)

The traditional debate about moral dilemmas concerns whether there are circumstances in which an agent is subject to two obligations that cannot both be fulfilled. Realists maintain there are. Irrealists deny this. Here I defend an alternative, methodologically-oriented position wherein the denial of genuine moral dilemmas functions as a regulative ideal for moral deliberation and practice. That is, moral inquiry and deliberation operate on the implicit assumption that there are no genuine moral dilemmas. This view is superior to both realism (...) and irrealism in accounting for moral residue and other crucial phenomenological dimensions of our experience of moral dilemmas. (shrink)

E. F. Carritt (1876-1964) was educated at and taught in Oxford University. He made substantial contributions both to aesthetics and to moral philosophy. The focus of this entry is his work in moral philosophy. His most notable works in this field are The Theory of Morals (1928) and Ethical and Political Thinking (1947). Carritt developed views in metaethics and in normative ethics. In meta-ethics he defends a cognitivist, non-naturalist moral realism and was among the first to respond to A. J. (...) Ayer’s emotivist challenge to this view. In normative ethics he advocates a deontological view in which there is a plurality of obligations and of non-instrumental goods. In the context of defending this view he raised some penetrating and novel criticisms of ideal utilitarianism. He held that it is not acceptable to revise our reflective common-sense moral attitudes in the face of philosophical moral theories, and that moral philosophy is only indirectly practical. (shrink)

In contemporary analytic philosophy of mind, Franz Brentano is known mostly for his thesis that intentionality is ‘the mark of the mental.’ Among Brentano scholars, there are also lively debates on his theory of consciousness and his theory of judgment. Brentano’s theory of will and emotion is less widely discussed, even within the circles of Brentano scholarship. In this paper, I want to show that this is a missed opportunity, certainly for Brentano scholars but also for contemporary philosophy of mind. (...) Brentano’s accounts of the will and of emotion are, I will argue, both insightful, creative, and surprising, on the one hand, and strikingly plausible, upon reflection, on the other. (shrink)

For decades a debate has played out in the literature about who bioethicists are, what they do, whether they can be considered professionals qua bioethicists, and, if so, what professional responsibilities they are called to uphold. Health care ethics consultants are bioethicists who work in health care settings. They have been seeking guidance documents that speak to their special relationships/duties toward those they serve. By approving a Code of Ethics and Professional Responsibilities for Health Care Ethics Consultants, the American Society (...) for Bioethics and Humanities (ASBH) has moved the professionalization debate forward in a significant way. This first code of ethics focuses on individuals who provide health care ethics consultation (HCEC) in clinical settings. The evolution of the code's development, implications for the field of HCEC and bioethics, and considerations for future directions are presented here. (shrink)

Moral dissensus may arise first because persons may disagree over the warrants licensing inferring an evaluative conclusion from premises asserting that properties alleged evaluatively relevant hold. This results in seeing different properties as evaluatively relevant. Secondly, such properties will frequently not be descriptive but interpretive, asserting some nomic connection. Persons may disagree over what evaluatively relevant properties hold in a given case. We explore the possibilities for argumentation to resolve these two types of disagreement.

Epistemic obligations are constraints on belief stemming from epistemic considerations alone. Booth is one of the many philosophers who deny that there are epistemic obligations. Any obligation pertaining to belief is an all things considered obligation, according to him—a strictly generic, rather than specifically epistemic, requirement. Though Booth’s argument is valid, I will try to show that it is unsound. There are two central premises: S is justified in believing that P iff S is blameless in believing that P; S (...) is blameless in believing that P iff S has not violated an all things considered duty in believing that P. Both premises are false. My argument against depends on my own theory of epistemic obligations. My argument against does not. This paper is part of a larger project—defending epistemic requirements in general against a series of objections and advancing a particular theory that solves various problems. (shrink)

This volume recreates the received notion of reflective equilibrium. It reconfigures reflective equilibrium as both a cognitive ideal and a method for approximating this ideal. The ideal of reflective equilibrium is restructured using the concept of discursive strata, which are formed by sentences and differentiated by function. Sentences that perform the same kind of linguistic function constitute a stratum. The book shows how moral discourse can be analyzed into phenomenal, instrumental, and teleological strata, and the ideal of reflective equilibrium reworked (...) in these terms. In addition, the work strengthens the method of reflective equilibrium by harnessing the resources of decision theory and inductive logic. It launches a comparative version of decision theory and employs this framework as a guide to moral theory choice. It also recruits quantitative inductive logic to inform a standard of inductive cogency. When used in tandem with comparative decision theory, this standard can aid in the effort to turn the undesirable condition of reflective disequilibrium into reflective equilibrium. (shrink)

In this chapter we first discuss the main principles of justice and note the standard objections to them, which we believe necessitate a hybrid approach. The hybrid account we defend is primarily based on the distributive principle of sufficientarianism, which we interpret as the idea that each country should have the means to provide a minimally decent quality of life for each of its citizens. We argue that sufficientarian considerations give good reason to think that what we call the ‘ability (...) to pay objection’ should be taken much more seriously in this debate. Following this, our account emphasises what we believe are the two most important moral desiderata in any attempt to distribute responsibility for dealing with climate change: the ability to mitigate the problem and the making of culpable contributions to the problem. After noting that our proposal includes enough detail to be a useful start for policy makers, we defend our account against some potential objections. (shrink)

Health policy frameworks usually construe environmental protection and human health as harmonious values. Policies that protect the environment, such as pollution control and pesticide regulation, also benefit human health. In recent years, however, it has become apparent that promoting human health sometimes undermines environmental protection. Some actions, policies, or technologies that reduce human morbidity, mortality, and disease can have detrimental effects on the environment. Since human health and environmental protection are sometimes at odds, political leaders, citizens, and government officials need (...) a way to mediate and resolve conflicts between these values. Unfortunately, few approaches to applied bioethics have the conceptual tools to do accomplish this task. Theories of health care ethics have little to say about the environment, and theories of environmental ethics don’t say much about human health. In this essay, I defend an approach to ethical decision-making that gives policy-makers some tools for balancing promotion of human health and protection of the environment. (shrink)

Martha Nussbaum grounds her version of the capabilities approach in political liberalism. In this paper, we argue that the capabilities approach, insofar as it genuinely values the things that persons can actually do and be, must be grounded in a hybrid account of liberalism: in order to show respect for adults, its justification must be political; in order to show respect for children, however, its implementation must include a commitment to comprehensive autonomy, one that ensures that children develop the skills (...) necessary to make meaningful choices about whether or not to exercise their basic capabilities. Importantly, in order to show respect for parents who do not necessarily recognize autonomy as a value, we argue that the liberal state, via its system of public education, should take on the role of ensuring that all children within the state develop a sufficient degree of comprehensive autonomy. (shrink)

The reform of offenders is often said to be one of the morally legitimate aims of punishment. After briefly surveying the history of reformist thinking I examine the ‘quasi-reform’ theories, as I call them, of H. Morris, J. Hampton and A. Duff. I explain how they conceive of reform, and what role they take it to have in the criminal justice system. I then focus critically on one feature of their conception of reform, namely, the claim that a reformed offender (...) will obey the relevant laws for moral reasons. I argue on consequentialist grounds that this requirement is objectionable. Consequentialism has always accepted reform as one legitimate goal of punishment, but it will not accept the narrowly moral conception of it that we find in the quasi-reform theorists. I situate my criticism within criminal law theory, but I also consider the claim in moral theory that acting from moral motives has intrinsic value. (shrink)

Given a reasonable coherentist view of justification in ethics, applied ethics, as here conceived of, cannot only guide us, in our practical decisions, but also provide moral understanding through explanation of our moral obligations. Furthermore, applied ethics can contribute to the growth of knowledge in ethics as such. We put moral hypotheses to crucial test in individual cases. This claim is defended against the challenges from moral intuitionism and particularism.

A principle that many have found attractive is one that goes by the name “'Ought' Implies 'Can'.” According to this principle, one morally ought to do something only if one can do it. This essay has two goals: to show that the principle is false and to undermine the motivations that have been offered for it. Toward the end, a proposal about moral obligation according to which something like a restricted version of 'Ought' Implies 'Can' is true is floated. Though (...) no full-fledged argument for this proposal is offered, that it fits with a rather natural and intuitive picture of the structure of morality and seems to explain certain salient features of the debate over whether the principle is true, goes some way toward recommending it. (shrink)

This article begins with an introduction to defeasible (nonmonotonic) reasoning and a brief description of a computer program, EVID, which can perform such reasoning. I then explain, and illustrate with examples, how this program can be applied in computational representations of ordinary dialogic argumentation. The program represents the beliefs and doubts of the dialoguers, and uses these propositional attitudes, which can include commonsense defeasible inference rules, to infer various changing conclusions as a dialogue progresses. It is proposed that computational representations (...) of this kind are a useful tool in the analysis of dialogic argumentation, and, in particular, demonstrate the important role of defeasible reasoning in everyday arguments using commonsense reasoning. (shrink)

In recent years, there has been a great deal of philosophical discussion about the alleged moral right to die. If there is such a moral right, then it would seem to imply a moral duty on others to not interfere with the exercise of the right. And this might have important implications for public policy insofar as public policy ought to track what is morally right.

Two interpretations of the precautionary principle are considered. According to the normative interpretation, the precautionary principle should be characterised in terms of what it urges doctors and other decision makers to do. According to the epistemic interpretation, the precautionary principle should be characterised in terms of what it urges us to believe. This paper recommends against the use of the precautionary principle as a decision rule in medical decision making, based on an impossibility theorem presented in Peterson . However, the (...) main point of the paper is an argument to the effect that decision theoretical problems associated with the precautionary principle can be overcome by paying greater attention to its epistemic dimension. Three epistemic principles inherent in a precautionary approach to medical risk analysis are characterised and defended. (shrink)

Any plausible position in the ethics of war and political violence in general will include the requirement of protection of civilians (non-combatants, common citizens) against lethal violence. This requirement is particularly prominent, and particularly strong, in just war theory. Some adherents of the theory see civilian immunity as absolute, not to be overridden in any circumstances whatsoever. Others allow that it may be overridden, but only in extremis. The latter position has been advanced by Michael Walzer under the heading of (...) “supreme emergency.” In this paper, I look into some of the issues of interpretation and application of Walzer’s “supreme emergency” view and some of the criticisms that have been levelled against it. I argue that Walzer’s view is vague and unacceptable as it stands, but that the alternatives proposed by critics such as Brian Orend, C.A.J. Coady, and Stephen Nathanson are also unattractive. I go on to construct a position that is structurally similar to Walzer’s, but more specific and much less permissive, which I term the “moral disaster” view. According to this view, deliberate killing of civilians is almost absolutely wrong. (shrink)

Darwin’s treatment of morality in The Descent of Man has generated a wide variety of responses among moral philosophers. Among these is the dismissal of evolution as irrelevant to ethics by Darwin’s contemporary Henry Sidgwick; the last, and arguably the greatest, of the Nineteenth Century British Utilitarians. This paper offers a re-examination of Sidgwick’s response to evolutionary considerations as irrelevant to ethics and the absence of any engagement with Darwin’s work in Sidgwick’s main ethical treatise, The Methods of Ethics . (...) This assessment of Sidgwick’s response to Darwin’s work is shown to have significance for a number of ongoing controversies in contemporary metaethics. (shrink)

Internalism about a person's good is roughly the view that in order for something to intrinsically enhance a person's well-being, that person must be capable of caring about that thing. I argue in this paper that internalism about a person's good should not be believed. Though many philosophers accept the view, Connie Rosati provides the most comprehensive case in favor of it. Her defense of the view consists mainly in offering five independent arguments to think that at least some form (...) of internalism about one's good is true. But I argue that, on closer inspection, not one of these arguments succeeds. The problems don't end there, however. While Rosati offers good reasons to think that what she calls 'two-tier internalism' would be the best way to formulate the intuition behind internalism about one's good, I argue that two-tier internalism is actually false. In particular, the problem is that no substantive theory of well-being is consistent with two-tier internalism. Accordingly, there is reason to think that even the best version of internalism about one's good is in fact false. Thus, I conclude, the prospects for internalism about a person's good do not look promising. (shrink)

§13 of Principia Ethica contains G. E. Moore’s most famous open question arguments. Several of Moore’s contemporaries defended various forms of metaethical nonnaturalism—a doctrine Moore himself endorsed—by appeal to OQAs. Some contemporary cognitivists embrace the force of Moore’s OQAs against metaethical naturalism. And those who posit noncognitivist meaning components of ethical terms have traditionally used OQAs to fuel their own emotivist, prescriptivist, and expressivist metaethical programs. Despite this influence, Moore’s OQAs have been ridiculed in recent decades. Their deployment has been (...) labeled “accident prone,” “simple to dismiss,” and just plain invalid. Critics accuse Moore of begging the question. Others argue that his OQAs founder upon the paradox of analysis. And still others argue that Moore’s open question argumentation is incompatible with the Kripke–Putnam causal theory of reference and thus it “simply fails; it is bankrupt”. I aim to show that there is something of continuing value in Moore’s open question efforts. I present and criticize Nicholas Sturgeon’s influential interpretation of Moore’s OQAs as a means to motivate and explicate my own interpretation of Moore’s thoughts in §13 of Principia Ethica. I then articulate the role that OQAs are intended to play in Moore’s overall argumentative strategies to undermine metaethical naturalism and thereby provide some theoretical support for metaethical nonnaturalism. Finally, I attend to the most prominent objections to Moore’s theorizing and attempt to evaluate the extent to which Moore’s efforts are successful. My hope is to display both the promising portions of Moore’s metaethical argumentation in Principia Ethica as well as its limitations. (shrink)

The aim of this article is to review the recent popularity of casuistry as a model of moral inquiry. I argue that proponents of casuistry do not endorse the particularist epistemology that seems to be implied by their position, and that this is why casuistry does not seem to present something really new in comparison to 'top-down' generalist approaches. I contend that casuistry should develop itself as a (moderately) particularist position and that the challenge for the defender of casuistry is (...) to come up with ideas that strengthen the ('intuitionist') model of rationality that underlies most forms of particularism. (shrink)

This paper presents a non-consequentialist defense of Rawls’s general conception of justice requiring that primary social goods be distributed so that the least share is as great as possible. It suggests that a defense of this idea can be offered within a Rossian framework of prima facie duties. The prima facie duty not to harm constrains people from supporting social institutions which do not leave their fellows with goods and resources above a certain threshold. The paper argues that societies in (...) accord with the Rawlsian general conception come closest to meeting this requirement. This way of arguing for the conception enables the defenders of the theory to elude standard objections offered by utilitarians, libertarians, and even other egalitarians. (shrink)

Surprisingly, the fact that the speaker is lying is sometimes common knowledge between everyone involved. Strangely, we condemn these bald-faced lies more severely than disguised lies. The wrongness of lying springs from the intent to deceive – just the feature missing in the case of bald-faced lies. These puzzling lies arise systematically when assertions are forced. Intellectual duress helps to explain another type of non-deceptive false assertion : lying to yourself. In the end, I conclude that the apparent intensity of (...) our disapproval of non-deceptive lies is a rhetorical illusion. (shrink)

InMoral Thinking R. M. Hare offers a very influential defense of utilitarianism against intuitive objections. Hare's argument is roughly that utilitarianism conflicts with defensible moral intuitions only in unusual cases and that, in such cases, even defensible moral intuitions are unreliable. This paper reconstructs Hare's arguments and argues that they presuppose the success of his problematic proof of utilitarianism. Contrary to what many have thought, Hare's negative defense of utilitarianism against intuitive objections is not separable from his proof. In the (...) second part of the paper I argue that Hare does not succeed in defending utilitarianism against the objection that it is too demanding. The final section of the paper sketches a substantially revised version of Hare's reply to intuitive objections. So revised, the argument is independent of Hare's proof and affords a plausible answer to the objection that utilitarianism is too demanding. (shrink)

This paper compares two ways of formalising defeasible deontic reasoning, both based on the view that the issues of conflicting obligations and moral dilemmas should be dealt with from the perspective of nonmonotonic reasoning. The first way is developing a special nonmonotonic logic for deontic statements. This method turns out to have some limitations, for which reason another approach is recommended, viz. combining an already existing nonmonotonic logic with a deontic logic. As an example of this method the language of (...) Reiter's default logic is extended to include modal expressions, after which the argumentation framework in default logic of [20, 22] is used to give a plausible logical analysis of moral dilemmas and prima facie obligations. (shrink)

Malpractice insurance rates have created a crisis in American medicine. Rates are rising and reimbursements are not keeping pace. In response, physicians in the states hardest hit by this crisis are feeling compelled to take political action, and the current action of choice seems to be physician strikes. While the malpractice insurance crisis is acknowledged to be severe, does it justify the extreme action of a physician walkout? Should physicians engage in this type of collective action, and what are the (...) costs to patients and the profession when such action is taken? I will offer three related arguments against physician strikes that constitute a prima facie prohibition against such action: first, strikes are intended to cause harm to patients; second, strikes are an affront to the physician-patient relationship; and, third, strikes risk decreasing the public's respect for the medical profession. As with any prima facie obligation, there are justifying conditions that may override the moral prohibition, but I will argue that the current malpractice crisis does not rise to the level of such a justifying condition. While the malpractice crisis demands and justifies a political response on the part of the nation's physicians, strikes and slow-downs are not an ethically justified means to the legitimate end of controlling insurance costs. (shrink)

The public interest statement contained in the PRSA Code of Professional Standards is unduly vague and provides neither a working definition of public interest nor any guidance for the performance of what most professions consider to be a primary value. This paper addresses the question of what might constitute public relations service in the public interest, and calls for more stringent guidelines to be developed whereby the profession may advance its service goals more clearly.

This paper presents a nonmonotonic deontic logic based on commonsense entailment. It establishes criteria a successful account of obligation should satisfy, and develops a theory that satisfies them. The theory includes two conditional notions of prima facie obligation. One is constitutive; the other is epistemic, and follows nonmonotonically from the constitutive notion. The paper defines unconditional notions of prima facie obligation in terms of the conditional notions.

The standard view of ignorance is that it consists in the mere lack of knowledge or true belief. Duncan Pritchard has recently argued, against the standard view, that ignorance is the lack of knowledge/true belief that is due to an improper inquiry. I shall call, Pritchard’s alternative account the Normative Account. The purpose of this article is to strengthen the Normative Account by providing an independent vargument supporting it.

Die Sekundärnutzung klinischer Daten für Forschungs- und Lernaktivitäten hat das Potenzial, medizinisches Wissen und klinische Versorgung erheblich zu verbessern. Zur Realisierung dieses Potenzials bedarf es einer ethischen und rechtlichen Grundlage für die Datennutzung, vorzugsweise in Form der Einwilligung von Patient*innen. Damit stellt sich die grundsätzliche Frage: Haben Patient*innen eine moralische Pflicht, ihre klinischen Daten für Forschungs- und Lernaktivitäten zur Verfügung zu stellen?Auf Basis eines ethischen Ansatzes, der als „sorgender Liberalismus“ bezeichnet werden kann, werden folgende Argumente zur Begründung einer Pflicht von (...) Patient*innen zur Bereitstellung ihrer klinischen Daten für Forschungs- und Lernaktivitäten auf Plausibilität und moralisches Gewicht untersucht: die allgemeine Hilfspflicht; Solidarität; die Pflicht zu gemeinwohlförderlichem Handeln; das Trittbrettfahrerargument; transgenerationale Gerechtigkeit; das Prinzip des Zurückgebens; das Prinzip des Nicht-Schädigens; die Forschungsfreiheit und der Wert der Wissenschaft.Die allgemeine Hilfspflicht und die Pflicht zu gemeinwohlförderlichem Handeln sind gewichtige Gründe für eine moralische Pflicht von Patient*innen zur Bereitstellung ihrer klinischen Daten für Forschungs- und Lernaktivitäten. Das Argument der transgenerationalen Gerechtigkeit und das Prinzip des Zurückgebens sind ethisch schwache Gründe für eine solche Pflicht, können jedoch eine motivationale Rolle spielen. Die anderen Gründe sind nicht geeignet, eine Pflicht zu begründen. Das Ergebnis ist in mehrfacher Hinsicht relevant: für Patient*innen, die um die Einwilligung in die Sekundärnutzung ihrer klinischen Daten gebeten werden; für die ethische Diskussion der Frage, ob und inwieweit Abstriche von der klassischen spezifischen Einwilligung unter bestimmten Bedingungen ethisch akzeptabel sind; für die rechtwissenschaftliche Diskussion der Bedingungen für eine juristisch verhältnismäßige Sekundärnutzung klinischer Daten für Forschungs- und Lernaktivitäten. (shrink)

This article concerns the ways in which authors from various fields conceptualise the ethical issues arising in the conduct of research. We reviewed critically and systematically the literature concerning the ethics of conducting research in order to engage in a reflection about the vocabulary and conceptual categories used in the publications reviewed. To understand better how the ethical issues involved in conducting research are conceptualised in the publications reviewed, we 1) established an inventory of the conceptualisations reviewed, and 2) we (...) critically assessed them. We found that the publications reviewed mostly showed examples of descriptive ethics, in that most authors describe ethical issues without reflecting much on them, which could be explained both by 1) a lack of ethical education in research contexts, and 2) by the fact that we do not know what researchers know (or do not) about ethical issues. Additionally, the definitions identified in the publications are scarce and at times imprecise, but this seems more to point out the ethical vocabulary’s difficulties in certain contexts. Further, very few authors offer proper conceptualisations of the ethical issues arising in conducting research. When dealing with vast arrays of ethical issues to conceptualise, perhaps one ought to remember that some typologies already exist that could guide further reflection and help understand other realities for which the current ethical vocabulary may be lacking. We believe that combining the reviewed typologies, both with other well-developed typologies and critical reflection, could help support better ethical practice in conducting research. (shrink)