324 "we should impose a single legal restriction that would effectively eliminate boxing's main medical risk: a complete ban on blows to the head" against Mill's harm principle, is not possible to justify paternalism requires other paternalistic arguments 325 "the entire paternalism v. respect for autonomy debate as it applied to boxing is cast in nonconsequentialist terms" do we have any reason to suppose that boxers' decisions to enter the profession are lacking in autonomy? many fail the first hurdle: "having (...) adequate information" - unlikely to know the medical facts 326 liberal view would state we need better education, not paternalism stronger paternalism = "an autonomous decision must flow from the agent's own values, without undue pressure from other people or external circumstances." otherwise is coercive and precludes autonomous action "since boxers often come from severely disadvantaged backgrounds and may see boxing as their only means of escaping from dangerous, povery-stricken neighborhoods, their decision to become boxers may reflect their desperation, rather than an authentic desire that flows from their own considered values". (shrink)

The popularity and profitability of American gridiron football is beyond dispute. Recent polls put football as the overwhelming favorite of people who follow at least one sport and huge revenues are reported at both the professional and the university level. We know, however, that what is the case tells us little about what ought to be the case, and it is to the latter question that this paper is directed. I offer a three-pronged attack on the ethical acceptability of American (...) football, both amateur and professional, based on harm to the players, objectification of the players, and harm to others done by the players, leading to the conclusion that the sport, as currently constituted, is morally unacceptable. (shrink)

Professional sports with high rates of concussion have become increasingly concerned about the long-term effects of multiple head injuries. In this context, return-to-play decisions about concussion generate considerable ethical tensions for sports physicians. Team doctors clearly have an obligation to the welfare of their patient (the injured athlete) but they also have an obligation to their employer (the team), whose primary interest is typically success through winning. At times, a team’s interest in winning may not accord with the welfare of (...) an injured player, particularly when it comes to decisions about returning to play after injury. Australia’s two most popular professional football codes—rugby league and Australian Rules football—have adopted guidelines that prohibit concussed players from continuing to play on the same day. I suggest that conflicts of interest between doctors, patients, and teams may present a substantial obstacle to the proper adherence of concussion guidelines. Concussion management guidelines implemented by a sport’s governing body do not necessarily remove or resolve conflicts of interest in the doctor–patient–team triad. The instigation of a concussion exclusion rule appears to add a fourth party to this triad (the National Rugby League or the Australian Football League). In some instances, when conflicts of interest among stakeholders are ignored or insufficiently managed, they may facilitate attempts at circumventing concussion management guidelines to the detriment of player welfare. (shrink)

The four principles approach to medical ethics plus specification is used in this paper. Specification is defined as a process of reducing the indeterminateness of general norms to give them increased action guiding capacity, while retaining the moral commitments in the original norm. Since questions of method are central to the symposium, the paper begins with four observations about method in moral reasoning and case analysis. Three of the four scenarios are dealt with. It is concluded in the “standard” Jehovah’s (...) Witness case that having autonomously chosen the authority of his religious institution, a Jehovah’s Witness has a reasonable basis on which to refuse a recommended blood transfusion. The author’s view of the child of a Jehovah’s Witness scenario is that it is morally required—not merely permitted—to overrule this parental refusal of treatment. It is argued in the selling kidneys for transplantation scenario that a fair system of regulating and monitoring would be better than the present system which the author believes to be a shameful failure. (shrink)

Legal restrictions of the right to self-determination increasingly pretend to be compatible with the liberal concept of autonomy: they act upon a ‘soft’ or autonomy-orientated paternalistic rationale. Conventional liberal critique of paternalism turns out to be insensitive to the intricate normative problems following from ‘soft’ or ‘libertarian’ paternalism. In fact, these autonomy-oriented forms of paternalism could actually be even more problematic and may infringe liberty rights even more intensely than hard paternalistic regulation. This paper contributes to the systematic differentiation of (...) soft and hard paternalism by discussing the (legal) concept of autonomy and elaborates the moral and legal limits of autonomy-orientated paternalism. (shrink)

In his most recent book, Philip Pettit presents and defends a “republican” political philosophy that stems from a tradition that includes Cicero, Machiavelli, James Harrington, Locke, Montesquieu, Rousseau, and Madison. The book provides an interpretation of what is distinctive about republicanism—namely, Pettit claims, its notion of freedom as nondomination. He sketches the history of this notion, and he argues that it entails a unique justification of certain political arrangements and the virtues of citizenship that would make those arrangements possible. Of (...) historical and philosophical interest, he stresses, is the fundamental contrast between freedom as nondomination and slavery. Joseph Priestly, for instance, invoked this contrast in defending the cause of the American Revolution, and in 1769 declared, incredibly, that if the parliament of Great Britain continued to tax the American colonies, “the colonists will be reduced to a state of as complete servitude, as any people of which there is an account in history”. Those opposed to American independence, among them Jeremy Bentham, relied instead on a Hobbesian notion of freedom as noninterference, using it to argue that the colonists were no more interfered with by the British government than were citizens of Britain. Drawing out this contrast, Pettit aims to establish that a republican view of freedom better supports the institutions of a constitutional democracy than does liberalism. His account of the distinguishing characteristics and strengths of republicanism is, however, only partially successful. Neither his case that a republican notion of freedom provides for a more solid defense of democratic institutions and constitutional protections than is available within liberalism, nor his argument that republicanism can better address “private” injustices, is convincing. (shrink)

Recently, there have been discussions about whether or not inter-collegiate football should be eliminated in the US. This article philosophically assesses the arguments for its elimination as well as the arguments proffered against its elimination. While a variety of arguments are discussed, a new one is brought into the foray of philosophical investigation, one that combines the unfairness and economic arguments: the health care and medical costs to others argument. It is believed that this argument is sufficient to justify the (...) elimination of inter-collegiate football. (shrink)

Utilitarianism tells us that actions are morally right and good if and to the extent that they add to human happiness or diminish human unhappiness. And—or, perhaps, therefore—it also tells us that the best action a person can perform is that which of all the possible actions open to him is the one which makes the greatest positive difference to human happiness. Moreover, as everyone will also remember, utilitarianism further tries to tell us, perhaps intending it as a corollary of (...) that first, main claim, that the motive for an action has nothing to do with its moral rightness or goodness. But even if, as utilitarians, we accepted the dubious corollary, it would not follow, as many have thought, that utilitarians have no moral interest in motives. For unless, absurdly, a utilitarian believed either that there was never more than a fortuitous connection between on the one hand what we intended to do and on the other what we did and the consequences of what we did, or that, if there were such connections, we could not know of them, he must believe, as a moralist, that the best motive a person can have for performing an action is likely to be the desire to produce the happiest result. Indeed, utilitarians ought to be morally committed, it would seem, to trying to find out as much as they can about the consequences of our actions, e.g. what connections exist, if any, between how we raise children and what sort of adults they grow up to be. (shrink)

Donald VanDeVeer probes the moral complexities of the question: under what conditions is it permissible to intervene invasively in the lives of competent persons--for example, by deception, force, or coercive threat--for their own good? In a work with broad significance for law, public policy, professional-client relations, and private interactions, he presents a theory of an autonomy-respecting" paternalism. Originally published in 1986. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist (...) of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

Prudence and authenticity are sometimes seen as rival virtues. Prudence,as traditionally conceived, is temporally neutral. It attaches no intrinsic significance to the temporal location of benefits or harms within the agent’s life; the prudent agent should be equally concerned about all parts of her life. But people’s values and ideals often change over time, sometimes in predictable ways, as when middle age and parenthood often temporize youthful radicalism or spontaneity with concerns for comfort,security, and predictability. In situations involving diachronic, intrapersonal (...) conflicts of value, prudence—in particular,temporal neutrality—appears to require the agent to subordinate her current ideals to her future ones or at least to moderate pursuit of current ideals in light of future ones. But this demand may seem to sacrifice authenticity, if we suppose that authenticity requires acting on the ideals that the agent reflectively and sincerely accepts at the time of action. This tension between prudence and authenticity raises interesting questions about temporal neutrality, the structure of intrapersonal conflicts of value, the nature of ideals, and the demands of authenticity. After examining various aspects of this puzzle, I defend the commitments of prudence in situations involving intrapersonal value conflict and argue that authenticity—understood as being true to oneself— actually supports temporal neutrality. I conclude by suggesting how this defense of prudence lends credibility to the more general demand of temporal neutrality. (shrink)

Concussion and Mild Traumatic Brain Injury affect millions of people worldwide. mTBI has been called the “signature injury” of the recent conflicts in Iraq and Afghanistan, affecting thousands of active duty service men and women, and veterans. Sport-related concussion represents a significant public health problem, with elite and professional athletes, and millions of youth and amateur athletes worldwide suffering concussions annually. These brain injuries have received scant attention from neuroethicists, and the focus of this special issue is on defining the (...) ethical considerations and developing and elucidating the neuroethical contributions to the discussion about concussion and mTBI. (shrink)

Participation in sport, in particular intensive elite sport may be associated with shorter and longer term risks to health. Elite sport participation might also be associated with a narrow focus, to the detriment of developing in other ways, perhaps with regard to friendships or education. This paper explores the issues surrounding prudence and sport. It begins by examining two central aspects of the rationale for prudential engagement with sport and physical activity. The contention that each stage of life counts equally (...) in assessing well-being over a life; and The need to detach from present concerns and commitments to maintain a range of options from which to pursue well-being in the future. These aspects of a prudential athletic lifestyle, along with the contention that prudence can be defended in terms of rationality are explored and challenged. These challenges are not found to be persuasive in terms of abandoning altogether the notion that a prudent engagement with sports and physical activ.. (shrink)