The TRIPS agreement has been widely discussed. Critics have accused it to favour property rights at the cost of public health in AIDS-stricken development countries. In this article, the conflict between on the one hand Intellectual Property Rights and on the other a right to subsistence is analysed with the help of a method for specification. The rationalization of TRIPS and its amendments raises two questions for ethics, one normative and one meta-ethical. First, which right has priority: the right to (...) property or the right to subsistence? Second, how can conflicting rights be reconciled in a coherent ethical system. The aim of the article is to answer these two questions and in order to do that the method of specification developed by the philosopher Henry Richardson is applied. The result is a specified norm applicable for this kind of rights conflicts. (shrink)

In healthcare, a tension sometimes arises between the injunction to do as much good as possible with scarce resources and the injunction to rescue identifiable individuals in immediate peril, regardless of cost (the “Rule of Rescue”). This tension can generate serious ethical and political difficulties for public policy makers faced with making explicit decisions about the public funding of controversial health technologies, such as costly new cancer drugs. In this paper we explore the appropriate role of the Rule of Rescue (...) in public resource allocation decisions by health technology funding advisory bodies such as the National Institute for Health and Clinical Excellence. We consider practical approaches to operationalising the Rule of Rescue from Australia and the UK before examining the relevance of individual moral imperatives to public policy making. We conclude that that whilst public policy makers in a humane society should facilitate exceptional departures from a cost effectiveness norm in clinical decisions about identified individuals, it is not so obvious that they should, as a matter of national public policy, exempt any one group of unidentified individuals within society from the rules of opportunity cost at the expense of all others. (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)

There are individuals, including children, dying needlessly in poverty-stricken third world countries. Many of these deaths could be prevented if pharmaceutical companies provided the drugs needed to save their lives. Some believe that because pharmaceutical companies have the power to save lives, and because they can do so with little effort, they have a special obligation. I argue that there is no distinction, with respect to obligations and responsibilities, between pharmaceutical companies and other types of companies. As a result, to (...) hold pharmaceutical companies especially responsible for saving lives in third world countries is unjustified. (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.

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Raanan Gillon is a noted defender of the four principles approach to healthcare ethics. His general position has always been that these principles are to be considered to be both universal and prima facie in nature. In recent work, however, he has made two claims that seem to present difficulties for this view. His first claim is that one of these four principles, respect for autonomy, has a special position in relation to the others: he holds that it is first (...) among equals. We argue that this claim makes little sense if the principles are to retain their prima facie nature. His second claim is that cultural variation can play an independent normative role in the construction of our moral judgments. This, he argues, enables us to occupy a middle ground between what he sees as the twin pitfalls of moral relativism and moral imperialism. We argue that there is no such middle ground, and while Gillon ultimately seems committed to relativism, it is some form of moral imperialism that will provide the only satisfactory construal of the four principles as prima facie universal moral principles. (shrink)

Despite its authors’ intentions, the four principles approach to medical ethics can become crudely algorithmic in practice. The first section sets out the bare bones of the four principles approach drawing out those aspects of Beauchamp and Childress’s Principles of biomedical ethics that encourage this misreading. The second section argues that if the emphasis on the guidance of moral judgement is augmented by a particularist account of what disciplines it, then the danger can be reduced. In the third section, I (...) consider how much the resultant picture diverges from Beauchamp and Childress’s actual position. (shrink)

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)

I argue in defense of Aristotle's position that contemplation is the proper use of at least some of one's leisure and that, consequently, leisure education must consist in teaching the inclination and capacity for contemplation. However, my position is somewhat more flexible than Aristotle's, in that I allow that there are other activities worthy of some leisure. My argument examines Aristotle's own comments on the importance of theoria as well as commentaries by Ackrill, Nagel, Broadie, Green and Telfer. In the (...) conclusion I argue that there are good reasons to think that studying Philosophy is one of the best strategies for leisure education. (shrink)

Cranston argued that scarcity makes universal welfare rights impossible. After showing that this argument cannot be avoided by denying scarcity, I consider four challenges to the argument which accept the possibility of conflicts between the duties implied by rights. The first denies the agglomeration principle; the second embraces conflicts of duties; the third affirms the violability of all rights-based duties; and the fourth denies that duties to compensate are overriding. I argue that all four challenges to the scarcity argument are (...) unsuccessful. I then discuss Eddy’s recent challenge, which makes welfare rights context dependent, but I argue that this also fails because it makes rights unknowable. I conclude that the scarcity argument, restated in the light of the discussion, shows that universal welfare rights, as ordinarily understood, are impossible and I explain the philosophical and practical significance of this conclusion. (shrink)

The implementation of education programmes in different cultures invites the question whether we are justified in doing so in cultures that may reject the programmes’ underlying principles. Are there indeed ethical principles and educational ideals that can be justified as applicable to all cultures? After a consideration of Zygmunt Bauman's postmodern rejection of the possibility of universal ethics, Ι cite and extend Harvey Siegel's defence of multiculturalism as a transcultural ethical ideal. I conclude the paper with a justification of the (...) transcultural normative reach of moral principles that I have elsewhere defended as the ethics of integrity. The paper's significance lies in its justification of educational interventions founded in these principles across different cultures. (shrink)

Most scientific domains have guidelines concerning ethics in research. These guidelines are designed to enable researchers to conduct good research while avoiding potential harm to research participants. This paper examines the bases for ethical codes in research and discusses how these codes are operationalized in research conducted in the field of mathematics education.

Aesthetics is a vexed topic in philosophy, with a long history. For my purposes, an aesthetic experience is a foundational affective response to an object, to which terms such as “ugly”, “beautiful”, “pretty” or “harmonious” are applied. These terms are derived from a Discourse of aesthetics; some remain constant, others change from generation to generation. Aesthetics and ethics have been linked in Western thought since the days of Plato and Aristotle. This essay examines what is happening to that link in (...) contemporary experience. It emphasises the ways in which the popular media exploit aesthetic appeal to penetrate their market, and to exploit and frame intuitive responses to current and past events. Production values, the artfulness of editors and the financial interests of producers and directors thus do much to determine contemporary aesthetic and ethical judgements. That which is beautifully presented invites the ethical involvement of the audience. Events whose images are beautifully presented constitute “hyperevidence”, a pre-judged, reinforced and amplified illusion of reality and participation. Understanding how aesthetic excellence draws audiences into ethical relationship with what is presented becomes an important part of education in ethics, including bioethics. (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)

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)

What is the connection between action that is caused by inauthentic antecedent springs of action, such as surreptitiously engineered-in desires and beliefs, and moral obligation? If, for example, an agent performs an action that derives from such antecedent springs can it be that the agent is not obligated to perform this action owing to the inauthenticity of its causal antecedents? I defend an affirmative response, assuming that we morally ought to bring about the states of affairs that occur in the (...) intrinsically best worlds accessible to us and that a version of attitudinal hedonism is the axiology for ranking worlds. (shrink)

Many engineering ethics classes and textbooks introduce theories such as utilitarianism and Kantianism (and most others draw from these theories without mentioning them explicitly). Yet using ethical theories to teach engineering ethics is not devoid of difficulty. First, their status is unclear (should one pick a single theory or use them all? does it make a difference?) Also, textbooks generally assume or fallaciously ‘prove’ that egoism (or even simply accounting for one’s interests) is wrong. Further, the drawbacks of ethical theories (...) are underestimated and the theories are also otherwise misrepresented to make them more suitable for engineering ethics as the authors construe it, viz. the ‘moral reasoning’ process. Stating in what various theories disagree would allow the students to frame the problem more productively in terms of motive–consequence or society–individual dichotomies rather than in terms of Kant–utilitarian. (shrink)

This case study applies ethics theories and codes to the mainstream news media's response to the CBS News-National Guard forged documents fiasco of 2004. It finds that 177 newspaper editorials applied truth telling, accountability, independence, and stewardship principles in their criticism of CBS, but only in a limited way. While the editorials dealt well with the specific issues of the case, they missed an opportunity to discuss the broader ethical principles involved.

The main point of this paper has been to show that the concept of evaluative incompleteness deserves consideration. In addition, I have suggested that it is plausible to accept that certain states of affairs in fact are evaluatively incomplete. But I have not sought to prove that this is so; indeed, I do not know how such proof might be given. Just which states of affairs, if any, are evaluatively incomplete is an extremely vexed question, and it is not one (...) to which I have attempted to supply any systematic answer. My aim has been merely to point out that it is arguable that certain states of affairs are evaluatively incomplete — a fact that ought not to be overlooked due to an unquestioning acceptance of (II) and a fact which, certainly, ought not to be ruled out by fiat due to an adherence to definitions and assumptions which imply that (II) is false. (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 focuses on the ethical justifiability of patents on Genetically Modified (GM) crops. I argue that there are three distinguishing features of GM crops that make it unethical to grant patents on GM crops, even if we assume that the patent system is in general justified. The first half of the paper critiques David Resnik’s recent arguments in favor of patents on GM crops. Resnik argues that we should take a consequentialist approach to the issue, and that the best (...) way to do so is to apply the Precautionary Principle, and that the Precautionary Principle, in this case, supports patents on GM crops. I argue that his argument in favor of a consequentialist treatment is invalid; his Precautionary Principle in any case appears to be incompatible with consequentialism; and his conception of reasonable precautions is too ill-defined to have any argumentative purchase. In the second half of the paper, I argue against GM crop patents, on three grounds. First, there is insufficient evidence to say whether allowing patents on GM crops will make research go faster than not having patents, whilst there is a good reason to think that, other things being equal, a society that allows patents on GM crops will be less just than one that does not. Second, even assuming that patents on GM crops will increase the pace of GM crop research, there is no social need to do so. Third, patents on GM crops will frequently have ethically unacceptable side effects. (shrink)

Professors of media ethics are open in a unique position to help a plaint i f i n a libel trial, and under certain circumstances they may even have a moral duty to do so. But the decision to testifyfor a plaintlfcomes with certain problems built i n for professors who depend on local media outlets for student practicum experiences and employment ofgraduates. In the end, professors who decide to testify both for and against the media depending on the facts (...) of the case are involved in a teaching process that is a natural extension of what they do in the classroom. (shrink)

In this paper I review the dispute over DeGeorge's analysis of the issue of the ethical responsibilities of engineers in large organizations. I argue that this issue is no different than the question of the ethical responsibilities of any other relevantly situated employee because engineers have no special duty to hold paramount the safety of the public distinct from that of others. I demonstrate how critics like Mankin, James, and Curd and May have misread and misinterpreted DeGeorge's position and his (...) argument. I then identify a serious logical problem in DeGeorge, unnoticed by critics, but conclude by defending the spirit of DeGeorge's approach. That spirit recognizes the limitations of attempting to provide necessary and sufficient conditions in response to many questions in applied philosophy. (shrink)

A significant and controversial 1996 news story was Dm% Alliance, a 3-part series wkitten by reporter Gary Webb fm the San Jose Mercury News. In the series, which appeared August 18-20, Webb reported links during the 1980s among the Central Intelligence Agency, a California drug ring, and US.-backed Nicaraguan rebels. Critics raised ethical questions about how Webb obtained information and about how he and the Mercury News presented the story. This essay examines those questions and discusses journalists' virtues. Guidelines for (...) cultivating virtues are presented. (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.