Using the right to die and the United States Supreme Court case of Cruzan v. Director, Missouri Department of Health as exemplars, this article explores the notion of third-order decisionmaking. If first order decisionmaking is about what should happen, and second-order decisionmaking is about who should decide what should happen, then third-order decisionmaking is about who should decide who decides. This turns out to be an apt characterization of constitutionalism, which is centrally concerned with the allocation of responsibility for making (...) decisions about the allocation of responsibility. Deference to erroneous second-order decisions, as in the Cruzan case itself, may merely be an example of this central feature of constitutionalism. Keywords: constitutionalism, Cruzan case, right-to-die, rules CiteULike Connotea Del.icio.us What's this? (shrink)

Warren Quinn was widely regarded as a moral philosopher of remarkable talent. This collection of his most important contributions to moral philosophy and the philosophy of action has been edited for publication by Philippa Foot. Quinn laid out the foundations for an anti-utilitarian moral philosophy that was critical of much contemporary work in ethics, such as the anti-realism of Gilbert Harman and the neo-subjectivism of Bernard Williams. Quinn's own distinctive moral theory is developed in the discussion of substantial, practical moral (...) issues. For example, there are important pieces here on the permissibility of abortion, the justification of punishing criminals when no particular good seems likely to result, and on the distinction between killing and allowing to die, a distinction crucial to the subject of euthanasia and other topics in medical ethics. The volume would be ideally suited to upper-level undergraduate courses and graduate seminars on the foundations of ethics. (shrink)