I argue that the Universal Law formulation of the Categorical Imperative is best interpreted as a test or decision procedure of moral rightness and not as a criterion intended to explain the deontic status of actions. Rather, the Humanity formulation is best interpreted as a moral criterion. I also argue that because the role of a moral criterion is to explain, and thus specify what makes an action right or wrong, Kant's Humanity formulation yields a theory of relevant descriptions.

Kant's concept of autonomy and the Kantian notion of autonomy are often conflated in bioethics. However, the contemporary Kantian notion has very little at all to do with Kant's original. In order to further bioethics discourse on autonomy, I critically distinguish the contemporary Kantian notion from Kant's original concept of moral autonomy. I then evaluate the practical relevance of both concepts of autonomy for use in bioethics. I argue that it is not appropriate to appeal to either concept toward assessing (...) which patients we ought to respect as autonomous. Finally, I sketch criteria for what I take to be a more promising concept of autonomy for patients. (shrink)

The Brave New World–style utilitarian dystopia is a familiar feature of the cultural landscape; Kantian dystopias are harder to come by, perhaps because, until Rawls, Kantian morality presented itself as a primarily personal rather than political program. This asymmetry is peculiar for formal reasons, because one phase of the deliberative process on which Kant insists is to ask what the world at large would be like if everyone did whatever it is one is thinking of doing. I do not propose (...) to write a Kantian Brave New World myself, but I am going to ask, of what these days is called “the CI-procedure,” what would happen if everybody followed it. I will argue that if the CI-procedure works as advertised, it exposes a practical incoherence in the commitment to having it govern one’s actions: in the Kantian vocabulary that goes with the territory, that the Categorical Imperative gives rise to a contradiction in the will. (shrink)

In this eye-opening look at the doctor-patient decision-making process, physician and law professor Jay Katz examines the time-honored belief in the virtue of silent care and patient compliance. Historically, the doctor-patient relationship has been based on a one-way trust -- despite recent judicial attempts to give patients a greater voice through the doctrine of informed consent. Katz criticizes doctors for encouraging patients to relinquish their autonomy, and demonstrates the detrimental effect their silence has on good patient care. Seeing a growing (...) need in this age of medical science and sophisticated technology for more honest and complete communication between physician and patients, he advocates a new, informed dialogue that respects the rights and needs of both sides. In a new foreword to this edition of The Silent World of Doctor and Patient , Alexander Morgan Capron outlines the changes in medical ethics practice that have occurred since the book was first published in 1984, paying particular attention to the hotly debated issues of physician-assisted suicide and informed consent in managed care. (shrink)

At the core of Kant's ethics lies the claim that if there is a supreme principle of morality then it cannot be a principle based on utilitarianism or Aristotelian perfectionism or the Ten Commandments. The only viable candidate for such a principle is the categorical imperative. This book is the most detailed investigation of this claim. It constructs a new, criterial reading of Kant's derivation of one version of the categorical imperative: the Formula of Universal Law. This reading shows this (...) derivation to be far more compelling than contemporary philosophers tend to believe. It also reveals a novel approach to deriving another version of the categorical imperative, the Formula of Humanity, a principle widely considered to be the most attractive Kantian candidate for the supreme principle of morality. This book will be important not just for Kant scholars but for a broad swathe of students of philosophy. (shrink)

A task of any moral theory is to account for both the rigidity and the flexibility of moral rules. Utilitarianism faces the problem of building rigidity into a framework that tends towards objectionable flexibility. Kantianism faces the problem of building flexibility into a framework that tends towards objectionable rigidity. I offer an argument on this front on behalf of Kantians. I show how Kantians can maintain that actions are right and wrong "in themselves," while still maintaining that such actions can (...) be corrupted under certain "nonideal" circumstances. (shrink)

This article examines the standard of disclosure, set by law, of risks of treatment and alternative procedures that should normally be disclosed to patients. Therapeutic privilege has been recognized by the courts as an exception to this standard of disclosure. It provides a justification for withholding such information from competent patients in the interests of patient welfare. The article explores whether this justification is either legally or ethically defensible. In assessing patient welfare, the health care professional is required to consider (...) the patient's overall best interests - but this is not limited to an assessment of medical best interests. It is contended that the health care professional is neither qualified nor justified in making such a judgement, as the law recognizes that a competent adult patient determines her own best interests. This is not possible without sufficient information of risks to inform the decision. (shrink)

Kant is often portrayed as the author of a rigid system of ethics in which adherence to a formal and universal principle of morality - the famous categorical imperative - is an end itself, and any concern for human goals and happiness a strictly secondary and subordinate matter. Such a theory seems to suit perfectly rational beings but not human beings. The twelve essays in this collection by one of the world's preeminent Kant scholars argue for a radically different account (...) of Kant's ethics. They explore an interpretation of the moral philosophy according to which freedom is the fundamental end of human action, but an end that can only be preserved and promoted by adherence to moral law. By radically revising the traditional interpretation of Kant's moral and political philosophy and by showing how Kant's coherent liberalism can guide us in current debates, Paul Guyer will find an audience across moral and political philosophy, intellectual history, and political science. (shrink)