Though utilitarianism is far from being universally accepted in the philosophical community, it is taken seriously and treated respectfully. Its critics do not dismiss it out of hand; they do not misrepresent it; they do not belittle or disparage its proponents. They allow the theory to be articulated, developed, and defended from criticism, even if they go on to reject the modified versions. Ethical egoism, a longstanding rival of utilitarianism, is treated very differently. It is said to be “refuted” by (...) arguments of a sort that apply equally well to utilitarianism. It is said to be “unprovable,” when many of the greatest utilitarians themselves, such as Jeremy Bentham (1748–1832), John Stuart Mill (1806–1873), and Henry Sidgwick (1838–1900), admitted that no normative ethical theory, including their own, is provable. Critics of ethical egoism seldom discuss the various theoretical moves that utilitarians are routinely allowed to make, such as (1) fighting the facts, (2) transforming the theory from “act utilitarianism” to “rule utilitarianism,” and (3) biting the bullet. This essay argues that every defensive move made by utilitarians can be made, with equal vigor (if not also plausibility), by ethical egoists. The conclusion is that ethical egoism deserves to be taken more seriously than it is. (shrink)

Many philosophers with hedonistic sympathies (e.g., Mill, Sidgwick, Sumner, Feldman, Crisp, Heathwood, and Bradley) have claimed that well-being is necessarily experiential. Kagan once claimed something slightly different, saying that, although unexperienced bodily events can directly impact a person’s well-being, it is nonetheless true that any change in a person’s well-being must involve a change in her (i.e., either in her mind or in her body). Kagan elaborated by saying that a person’s well-being cannot float freely of her such that it (...) is affected by events that do not affect her (Kagan 1992, 169–189). These two claims—that well-being is necessarily experiential and that changes in well-being must involve changes in the person—are two different ways of specifying the general intuition that a person’s well-being must be strongly tied to her. This general intuition imposes an adequacy constraint on welfare theorizing: To be adequate, a welfare theory cannot allow that someone can be directly benefited by events that are not strongly tied to her. Call this the strong-tie requirement. The strong-tie requirement is easily satisfied by welfare hedonism, but it poses problems for desire-fulfillment welfare theories and objective-list welfare theories. Though a great deal has been written about desire-fulfillment welfare theories in relation to the strong-tie requirement, not as much has been written about objective-list welfare theories in relation to the strong-tie requirement. This paper argues that objective-list welfare theories can satisfy the strong-tie requirement, though probably only if they take a perfectionist form, as opposed to a brute-list form. (shrink)

Philosophers debate over the truth of the Doctrine of Doing and Allowing, the thesis that there is a morally significant difference between doing harm and merely allowing harm to happen. Deontologists tend to accept this doctrine, whereas consequentialists tend to reject it. A robust defence of this doctrine would require a conceptual distinction between doing and allowing that both matches our ordinary use of the concepts in a wide range of cases and enables a justification for the alleged moral difference. (...) In this article, I argue not only that a robust defence of this doctrine is available, but also that it is available within a consequentialist framework. (shrink)

Justificatory defenses apply to actions that are generally wrong and illegal—mainly since they harm people—when they are justified—usually since they prevent harm to others. A strict conception of justification limits justificatory defenses to actions that reflect all pertinent principles in the optimal manner. A more relaxed conception of justification applies to actions that do not reflect all pertinent principles optimally due to mistake but are not too far from this optimum. In the paper, I consider whether justificatory defenses should reflect (...) the strict conception of justification or a more relaxed conception of justification. This question is important since often the relevant actions are not strictly justified, while the alternative of an excuse is frequently irrelevant or does not provide an appropriate solution. Reflection on this question raises the following dilemma: On the one hand, the strict interpretation seems too harsh, especially with regard to legal liability. On the other hand, it is difficult to explain the basis for a more relaxed conception of justification. I conclude, first, that justification—and accordingly wrongfulness—is a matter of degree and that the strictly justified action is merely the peak of a continuum, and, second, that a practical reaction is in place only with regard to actions whose wrongness is above a minimal threshold. (shrink)

Virtue and deontological ethics are now commonly contrasted as rival approaches to moral inquiry. However, I argue that neither metaethical party should seek complete, solitary domination of the ethical domain. Reductive treatments of the right or the virtuous, as well as projects that abandon the former or latter, are bound to leave us with a sadly diminished map of the moral territories crucial to our lives. Thus, it is better for the two parties to seek a more cordial and equal (...) relationship, one that permits metaethical pluralism, and acknowledges mutual dependence. I do not seek to prescribe how that relationship should look: this essay offers less a positive metaethical position than a prolegomenon to such a position, one that attempts to head off harmful attempts to reduce the territory of the aretaic to that of the deontic, or that of the deontic to the aretaic. (shrink)

The concepts of 'ethical' and 'socially responsible' investment (SRI) have become increasingly popular in recent years and funds which offer this kind of investment have attracted many individual inve... merstors. The present book addresses the issue of 'How ought one to invest?' by critically engaging with the ideas of the proponents of this movement about what makes 'ethical' investing ethical. The standard suggestion that ethical investing simply consists in refraining from investing in certain 'morally unacceptable companies' is criticised for being (...) both too rigid (often resting on absolute moral rules which lead to an austere conclusion) and too ineffective for individual investors (investors who after all control only a small part of the investment universe). Furthermore, the idea that ethical investing could consist in engaging more actively with the companies one invests in, in order to make them change their ways and become more socially responsible, is criticised for being just as ineffective for individual investors. Some more radical alternatives are elaborated on and defended - for instance, the suggestion that investors should make as much money from their investments as possible and then donate the proceeds to socially worthwhile charities. From similar suggestions, the common idea that there is no conflict between morality and profitability, or that genuinely ethical investing can be just as profitable as mainstream investing, is criticised for being too naïve. Making a difference may indeed require personal sacrifice of investors, but it is argued that the needs of the possible recipients of philanthropy are morally more important than the luxury of investment returns. (shrink)

Recent work in cognitive science highlights the importance of exem- plar-based know-how in supporting human expertise. Influenced by this model, certain accounts of moral knowledge now stress exemplar- based, non-sentential know-how at the expense of rule-and-principle based accounts. I shall argue, however, that moral thought and reason cannot be understood by reference to either of these roles alone. Moral cognition – like other forms of ‘advanced’ cognition – depends crucially on the subtle interplay and interaction of multiple factors and forces (...) and especially (or so I argue) between the use of linguistic tools and formulations and more biologically basic forms of thought and reason. (shrink)

I argue that, according to ordinary morality, there is moral inertia, that is, moral pressure to fail to intervene in certain circumstances. Moral inertia is manifested in scenarios with a particular causal structure: deflection scenarios, where a threatening or benefiting process is diverted from a group of people to another. I explain why the deflection structure is essential for moral inertia to be manifested. I argue that there are two different manifestations of moral inertia: strict prohibitions on interventions, and constraints (...) on interventions. Finally, I discuss the connection between moral inertia and the distinction between killing and letting die (or doing and allowing harm). (shrink)

Argues that practical irrationality is akin to moral culpability: it is defective practical thought which one could legitimately have been expected to avoid. It is thus a mistake to draw too tight a connection between failure to be moved by reasons and practical irrationality (as in a certain kind of "internalism"): one's failure may be genuine, but not culpable, and therefore not irrational.

This paper offers a general model of substantive moral principles as a kind of hedged moral principles that can (but don't have to) tolerate exceptions. I argue that the kind of principles I defend provide an account of what would make an exception to them permissible. I also argue that these principles are nonetheless robustly explanatory with respect to a variety of moral facts; that they make sense of error, uncertainty, and disagreement concerning moral principles and their implications; and that (...) one can grasp these principles without having to grasp any particular list of their permissibly exceptional instances. I conclude by pointing out various advantages that this model of principles has over several of its rivals. The bottom line is that we should find nothing peculiarly odd or problematic about the idea of exception-tolerating and yet robustly explanatory moral principles. (shrink)

In this article I rebut conservative objections to five phases of embryonic stem cell research. I argue that researchers using existing embryonic stem cell lines are not complicit in the past destruction of embryos because beneficiaries of immoral acts are not necessary morally tainted. Second, such researchers do not encourage the destruction of additional embryos because fertility clinics presently destroy more spare embryos than researchers need. Third, actually harvesting stem cells from slated-to-be-discarded embryos is not wrong. The embryos are not (...) sacrificed for the good of others because they would have been destroyed anyway. Fourth, harvesting stem cells from embryos that are not doomed is morally acceptable, because preserving frozen embryos is futile therapy. Finally, creating embryos solely for the sake of harvesting stem cells from them is morally acceptable because the assumption that embryos have the right to life has very counterintuitive implications. (shrink)

Drawing on unpublished and published sources from 1926-1932, this chapter builds on John Dewey’s naturalistic pragmatic pluralism in ethical theory. A primary focus is “Three Independent Factors in Morals,” which analyzes good, duty, and virtue as distinct categories that in many cases express different experiential origins. The chapter suggests that a vital role for contemporary theorizing is to lay bare and analyze the sorts of conflicts that constantly underlie moral and political action. Instead of reinforcing moral fundamentalism via an outdated (...) quest for the central and basic source of normative justification, we should foster theories with a range of idioms and emphases which, while accommodating monistic insights, better inform decision-making by opening communication across diverse elements of moral and political life, placing these elements in a wider context in which norms gain practical traction in non-ideal conditions, and expanding prospects for social inquiry and convergence on policy and action. (shrink)

Breastfeeding advocates have criticised the phrase ‘breast is best’ as mistakenly representing breastfeeding as a departure from the norm rather than the default for infant feeding. Breastfeeding mothers have an interest in representing breastfeeding as the default, for example, to counteract criticism of breastfeeding outside the home. This connects to an increasing trend to frame feeding babies formula as harmful, which can be seen in research papers, public policy and information presented to parents and prospective parents. Whether we frame infant-feeding (...) decisions in terms of harming or benefit, protection or risk matters because these distinctions are generally morally significant and thus holding that those who decide to use formula ‘harm’, ‘risk harm’ to their babies or describing formula feeding as ‘dangerous’ is likely to contribute to guilt associated with formula feeding and thus to undermine the well-being of vulnerable women. It may undermine attempts to improve breastfeeding rates by leading women to reject information about health outcomes surrounding infant-feeding decisions. However, these distinctions do not apply easily to infant-feeding decisions, in part because of difficulties in determining whether we should treat breastfeeding as the normative baseline for infant feeding. I show that neither the descriptive ‘facts of the matter’ nor moral or pragmatic considerations provide an easy answer before discussing how to respond to these considerations. (shrink)

Moral reasoning is as fallible as reasoning in any other cognitive domain, but we often behave as if it were not. I argue for a form of epistemically-based moral humility, in which we downgrade our moral beliefs in the face of moral disagreement. My argument combines work in metaethics and moral intuitionism with recent developments in epistemology. I argue against any demands for deep self-sufficiency in moral reasoning. Instead, I argue that we need to take into account significant socially sourced (...) information, especially as a check for failures on our own moral intuitions and reasoning. -/- First, I argue for an epistemically plausible version of moral intuitionism, based on recent work in epistemic entitlement and epistemic warrant. Second, I argue that getting clear on the epistemic basis shows the defeasibility of moral judgment. Third, I argue the existence of moral disagreement is a reason to reduce our certainty in moral judgment. Fourth, I argue that this effect is not a violation of norms of autonomy for moral judgment. (shrink)

Nardin examines the moral principles underlying the idea of humanitarian intervention from the perspective of international law and from that of the natural law tradition.

There is a tendency to use data from neuroscience, cognitive science and experimental psychology to rail against philosophical ethics. Recently, Joshua Greene has argued that deontological judgments tend to be supported by emotional responses to irrelevant features, whereas consequentialist judgments are more reliable because they tend to be supported by cognitive processes. In this article, I will analyse the evidence used by Greene to suggest a different kind of argument against deontology, which I will call the argument from self-defeating beliefs. (...) The charge of this type of argument amounts to exposing a psychological nature of deontological judgements that is supposedly rejected by deontologists. I will argue that the alleged evidence is poorly understood, mixed and indeterminate, failing to endorse general conclusions about the psychological processes underlying deontological judgements. (shrink)

This essay locates the problem of dirty hands within virtue ethics – specifically Alasdair MacIntyre’s neo-Aristotelian thesis in After Virtue. It demonstrates that, contra contemporary expositions of this problem, MacIntyre’s thesis provides us with a more nuanced account of tragedy and DH in ordinary life, in its conventional understanding as a stark, rare and momentary conflict in which moral wrongdoing is inescapable. The essay then utilizes elements from MacIntyre’s thesis as a theoretical premise for Machiavelli’s thought so as to set (...) the foundations for a nascent but richer framework of DH in politics and move beyond the standard, ‘static’ conceptualization of the problem within this context. In developing a dynamic account of DH, I conceive of politics as a distinct practice and way of life, with its own demands and standards of excellence, and draw on Machiavelli’s thought to sketch some of these. The dynamic account uncovers an inexhaustible tension between two ways of life, each with its own demands and standards of excellence: a virtuous politician should become partially vicious and no longer innocent. Understood in dynamic terms, DH in politics involves a paradox of character, not just a paradox of action as the standard, ‘static’ DH thesis suggests. (shrink)

Despite the strong criticisms to ethical utilitarianism, this theory has not succumbed and remains one of the most notorious. The main criticisms address to the consequentialist conception of right that underlies the theory. However,it has been such a conception of right that, at the same time, saved utilitarianism. The article set out the features and changes that, according to the author, are the causes to explain the subsistence of utilitarianism.

Several factors have been put forward to explain the variability of moral judgments for superficially analogous moral dilemmas, in particular in the paradigm of trolley cases. In this paper we elaborate on Mikhail's view that (i) causal analysis is at the core of moral judgments and that (ii) causal judgments can be quantified by linguistic methods. According to this model, our moral judgments depend both on utilitarian considerations (whether positive effects outweigh negative effects) and on a representation of the causal (...) structure of the action (whether the negative effects are essentially side-effects rather than main goals). However, the exact contribution of each factor, as well as the precise way in which causal considerations interact with utilitarian considerations, has yet to be quantified and investigated. We present several variations on trolley dilemmas in which subjects had to assess the morality of the action and to evaluate their preference between two competing descriptions of the scene (.. (shrink)

We are often faced with dilemmatic situations in which we must choose between alternative courses of action, both of which will have a bad outcome. It is commonly held that in such cases it is both uncontroversial and unproblematic that we have to choose the lesser evil. However, despite its frequent application in ethical decision-making, lesser evil reasoning is not well understood by most of its advocates and it thus occasions much misunderstanding and it presents a number of pitfalls. In (...) this paper I shall thus, first, analyse the concept of a lesser evil; second, offer a critical assessment of lesser evil reasoning; third, discuss the most common pitfalls writers tend to fall into; and finally, explore the application of lesser evil reasoning to choices under uncertainty. (shrink)

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

Vitoria and Suárez defend the categorical immunity of the innocent not to be intentionally killed. But they allow for inflicting collective punishment on the innocent and the noninnocent alike during and after a just war. So they allow for deliberately harming them. Inflicting harm on the innocent can often result in their death. Hence, holding both claims seems incoherent. First, the objections against using the term “innocent” are explained. Second, their views on just war are explored. And third, by appealing (...) to Aquinas' double-effect reasoning, it is shown how they try to avoid the above-mentioned incoherence. Still, their appeal might be insufficient to palliate the tension between the above-mentioned claims. If just wars are possible, the deliberate harming of the innocent is reasonably unavoidable for defeating and punishing those who wage them. Hence, defenders of just wars, whether from a religious or a secular perspective, must live with such a tension. (shrink)

The literature on conscience in medicine has paid little attention to what is meant by the word ‘conscience.’ This article distinguishes between retrospective and prospective conscience, distinguishes synderesis from conscience, and argues against intuitionist views of conscience. Conscience is defined as having two interrelated parts: (1) a commitment to morality itself; to acting and choosing morally according to the best of one’s ability, and (2) the activity of judging that an act one has done or about which one is deliberating (...) would violate that commitment. Tolerance is defined as mutual respect for conscience. A set of boundary conditions for justifiable respect for conscientious objection in medicine is proposed. (shrink)

This paper is concerned with the normative content of Kant's formula of humanity (FH). More specifically, does FH, as some seem to think, imply the specific and rigid prescriptions in 'standard' deontological theories? To this latter question, I argue, the answer is 'no'. I propose reading FH largely through the formula of autonomy and the formula of the kingdom of ends, where I understand FA to describe the nature of the capacity of humanity-a capacity for self-governance. The latter, I suggest, (...) is akin to the capacity for planning and intentional action described in Michael Bratman's work. A significant part of what FH requires, I then propose, is that we exercise these capacities for planning in such a way that we accommodate and coordinate with the (permissible) plans and intentions of others. Kant himself, as do many commentators, emphasizes the idea that our human capacities give us a distinctive kind of value. On my interpretation, by contrast, what is fundamentally important is not the value of the capacities but rather what they make possible: distinctive ways of mistreating (using) persons, but also a distinctive kind of morally desirable relationship. CiteULike Connotea Del.icio.us What's this? (shrink)

Joseph Boyle discusses deontology, which derives precepts from moral principles, particularly making a case with reference to Alan Donagan's The Theory of Morality, which appeared the same year as Just and Unjust Wars.

No agreement exists among ethical theories on what cancount as a right moral motivation. This hampers us from knowingwhether an intervention in motivation biology can be considered positivefor human morality. To overcome this difficulty, this paper identifiesminimal requirements for moral enhancement that could be accepted bythe major moral theories. Subsequently four possible scenarios are presentedwhere the most promising neural interventions on moral motivationare implemented, by means of drugs, electromagnetic stimulation ofbrain, or biotechnological brain implants. The ultimate goal of this paperis (...) to evaluate the results of each one of these interventions according totheir capacity to fulfill the identified requirements. (shrink)

A dominant trend in the philosophical literature on abortion has been concerned with the question of whether the fetus has moral status and how such a status might or might not conflict with women's liberties. However, a new and powerful trend against abortion requires philosophical examination. We refer to this trend as the paternalistic argument. In a nutshell, this argument holds that, insofar as motherhood is a constitutive end of women's well-being, abortion harms women; thus, abortion is wrong and should (...) be prohibited, restricted, or avoided when possible regardless of the moral status of the fetus. In this article we undertake three tasks. First, we analyze four variations of this reasoning: what we call the Kantian PA, the Aristotelian PA, the Catholic Church PA, and the Psychological PA. Second, we show how some public policies that regulate or prohibit abortion around the world are now in fact following paternalistic justifications and imposing distinctive paternalistic restrictions ; we refer to these policies as “the new abortion laws.” Finally, we argue that both the four paternalistic arguments presented and the new abortion laws are at times ill-intentioned, comprehensive in nature and thus unsuited for guiding public policy, empirically flawed, or else unjustified. (shrink)

Agents are morally responsible for their actions only if they understand what they are doing. This much seems clear, but it is unclear exactly what agents must understand in order to be morally responsible; in other words, the epistemic condition for moral responsibility is difficult to discover. In this paper, I will investigate Aquinas’s discussion of knowledge, voluntariness, and moral responsibility in order to discover his views on this condition. Although he never provides a formal expression of such a condition, (...) I will use his discussions of related issues to construct a three-part epistemic condition for moral responsibility. In the process I will raise and discuss several interpretative difficulties, arguing that while some can be resolved, others, despite recent claims to the contrary, resist resolution. Finally, I will draw out several consequences of his account, noteworthy for a variety of reasons. (shrink)

By consequentialism, I mean the position that actions are right or wrong insofar as they affect the happiness, preferences, etc., of some class of sentient beings, usually humans. Consequentialism specifies a fairly narrow range of properties as being the determining factors in regard to actions being right or wrong. Each action has properties other than how it affects the happiness preferences, etc., of humans. According to consequentialism, the kind of action it is, the motivation behind the action, and other consequences, (...) for instance, the consequence of having broken a promise, are not relevant to the question of whether an action is right or wrong. (shrink)

This paper delineates the normative and empirical approaches to business ethics based upon five categories: 1) academic horne; 2) language; 3) underlying assumptions; 4) theory purpose and scope; 5) theory grounds and evaluation criteria. The goal of the discussion is to increase understanding of the distinctive contributions of each approach and to encourage further dialogue about the potential for integration of the field.

Kant offers the following argument for the formula of humanity (FH): Each rational agent necessarily conceives of her own rational nature as an end in itself and does so on the same grounds as every other rational agent, so all rational agents must conceive of one another's rational nature as an end in itself. As it stands, the argument appears to be question-begging and fallacious. Drawing on resources from the formula of universal law (FUL) and Kant's claims about the primacy (...) of duties to oneself, I propose a contractualist reconstruction of this puzzling line of reasoning. (shrink)

Projects importing technology to lesser developed nations may raise five important concerns: famine resulting from substitution of cash crops for subsistence crops, the use of products banned in the United States but permitted overseas, the use of products safe in the U.S. but unsafe under local conditions, ecological consequences of technological change, and cultural disruption caused by displacing traditional ways of life. Are engineers responsible for the foreseeable hunger, environmental degradation, cultural disruption, and illness that results from the project? Are (...) engineers guilty of paternalism if they refuse to accept the project for that reason? Criteria are given to help engineers assess the extent of their responsibility when working in lesser developed nations. (shrink)

Artykuł omawia zjawisko dylematów moralnych z perspektywy teistycznej. Teiści przyjmują często, że (1) opatrznościowy Bóg nigdy nie postawiłby stworzonej przez siebie istoty przed taką sytuacją wyboru, w której owa istota nie jest w stanie uniknąć czynu niesłusznego, bądź że (2)jeśli istota staje przed taką sytuacją wyboru, to jest to wynikiem pewnego niesłusznego działania, którego dokonałajuż wcześniej. Wielu komentatorów przypisuje tę drugą opcję Tomaszowi z Akwinu. Autor argumentuje, że taka interpretacjajest błędna, przytaczając między innymi przeprowadzoną przez Akwinatę analizę ślubowania Jeftego opisanego (...) w Księdze Sędziów. Natomiast w odniesieniu do pierwszej opcji artykuł zamykają uwagi dotyczące sposobu opracowania normatywnej teorii etycznej o charakterze teistycznym, która uznaje istnienie dylematów moralnych. Teiści zainteresowani taką teorią powinni poważnie rozważyć odrzucenie założenia, że powinność implikuje możliwość. (shrink)

This paper represents two polemics. One is against suggestions (made by Harman and others) that recent psychological research counts against any claim that there is such a thing as genuine virtue (Cf. Harman, in: Byrne, Stalnaker, Wedgwood (eds.) Fact and value, pp 117–127, 2001 ). The other is against the view that virtue ethics should be seen as competing against such theories as Kantian ethics or consequentialism, particularly in the specification of decision procedures.

This essay argues on behalf of a hybrid theory for an ethics of self-defense understood as the Forfeiture-Partiality Theory. The theory weds the idea that a malicious attacker forfeits the right to life to the idea that we are permitted to prefer one's life to another's in cases of involuntary harm or threat. The theory is meant to capture our intuitions both about instances in which we can draw a moral asymmetry between attacker and victim and cases in which we (...) cannot. I develop the theory by attending to instances of intentional, villainous harm and instances of involuntary danger—the latter of which are a matter of bad luck. I call some bad luck cases "Interpersonal Lottery Conflicts." These cases refer to potentially lethal conflicts into which parties are thrown as victims of circumstance. Although neither party has a moral advantage over another, that fact does not preclude permissible self-defense. (shrink)

Analyses are given of the concepts of absolute and prima facie obligation. The former is a maximizing analysis: roughly, one ought absolutely to perform those actions which are performed in the best worlds accessible to one. The latter analysis is roughly this: one ought prima facie to perform those actions which are such that those accessible worlds in which they are performed are better than the closest accessible worlds in which they are not performed. Accounts of conditional obligation, both absolute (...) and prima facie, are also given, and the issue of the detachment of unconditional from conditional obligation is addressed. (shrink)

As the author ofJustice as Impartiality, I am not ashamed to admit that I was delighted by the liveliness of the discussion generated by it at the meeting on which this symposium is based. I am likewise grateful to the six authors for finding the book worthy of the careful attention that they have bestowed on it. Between them, the symposiasts take up many more points than I can cover in this response. I shall therefore focus on some themes that (...) cluster round the contractual device that I associate with the notion of justice as impartiality. Is it necessary? If it is not necessary is it nevertheless useful? Within an overall contractual framework is the form of contract that I propose uniquely justifiable? And does the form of contract that I defend generate the implications that I claim for it? (shrink)

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

Much of Roman Catholic discussion concerning bioethical controversies, such as the surgical removal of a life-threatening cancerous uterus when the fetus is not viable, has focused on the employment of double-effect reasoning. While double-effect reasoning has been the subject of much debate, this paper argues first, that there is a distinction between the intended and the foreseen; second, that this distinction applies to the contrasted cases in such a way as to categorize foreseen but not intended consequences; and third, that (...) this intended/foreseen distinction has essential ethical significance. (shrink)

Various theories have been put forward in an attempt to explain what makes moral judgments justifiable. One of the main theories currently advocated in bioethics is a form of coherentism known as wide reflective equilibrium. In this paper, I argue that wide reflective equilibrium is not a satisfactory approach for justifying moral beliefs and propositions. A long-standing theoretical problem for reflective equilibrium has not been adequately resolved, and, as a result, the main arguments for wide reflective equilibrium are unsuccessful. Moreover, (...) practical problems that arise in using the method of wide reflective equilibrium undermine the idea that it is a viable approach for justifying moral judgments about cases and policies. Given that wide reflective equilibrium is the most prominent version of coherentism, these considerations call into question the coherentist approach to justification in bioethics. (shrink)

The traditional philosophical doctrine of double effect claims that agents’ intentions affect whether acts are morally wrong. Our behavioral study reveals that agents’ intentions do affect whether acts are judged morally wrong, whereas the temporal order of good and bad effects affects whether acts are classified as killings. This finding suggests that the moral judgments are not based on the classifications. Our results also undermine recent claims that prior moral judgments determine whether agents are seen as causing effects intentionally rather (...) than as side effects. (shrink)

This essay compares Christian and Islamic teaching on the question of forcible humanitarian intervention and concludes that the traditions are sufficiently similar to enable agreement on how and when to intervene in a humanitarian crisis.