Book reviewed in this article: Principles of Biomedical Ethics. By Tom L. Beauchamp and James F. Childress.

"[W]e must focus on what legalism, per se, means, and then ask why is it a good thing to have. Not less importantly, however, we must also realize that legalism can be excessive. Even if the rule of law is a good thing, too much of it may be bad. So the challenge for a theory of the rule of law is to articulate what the rule of law is, why is it good, and to what extent." "[T]he essense of (...) the ideal of the rule of law is that people ought to be governed by law. This general ideal has at least two main components. First, it requires that governments, namely, de facto political authorities, should rule, that is, guide their subjects' conduct, by law. Second, it requires that the law by which governments purport to rule should be such that it can actually guide human conduct." "The idea that governments should rule by law must be premised on the assumption that rule by law, regardless of the laws' specific content, is to be preferred to governance by other means of social control. And this immediately brings us to the second component of the rule of law, namely, that the law must be such that it can actually guide human conduct, and the further assumption that these necessary features of law embody certain virtues. In other words, unless we can first articulate what is unique about legal means of social control, and explain why those features promote certain goods, we cannot ground the idea that governments should rule by law." Discusses ways, following mainly Fuller, one can fail to make law. Notes that these are functional goods for the regulation of human behavior. They may have a connection to other things we value. We should not assume, though, that greater instantiation of these ideals is always better - sometimes ideals conflict such that more of one means less of another and "because such values, on their own grounds, set only a rough standard wherby gross deviations from it would be wrong." "Compliance with the generality-relevance principle is crucially important in safeguarding against such unjustified favoritism since it requires that the norm's subjects be those who qualify as such only on the basis of the reasons for enacting the norm in the first place." Though, we must recognize teh possibility of bad law in the sense of unjust discrimination. "It is part of the concept of law that the law purports to affect human behavior by introducing new norms and changing old ones. The concept of a norm and conduct-guidance by norms is an essential aspect of what the law is. Norms, as such, necessarily purport to provide reasons for action. A norm cannot provide a reason for action, however, unless its subjets are aware of the norm and regard it as a reason for action." Justifies some retroactivity in terms of the need for flexibility in any functioning legal system. "Legal positivism can accept the claim that law is, by its very nature or its essential functions in society, something good that deserves our moral appreciation. Nor is legal positivism forced to deny the plausible claim that wherever law exists, it must have a great many prescriptions which coincide with morality. There is probably a considerable overlap, and perhaps necessarily so, between the actual content of law and morality.". (shrink)

Since it appeared in 1971, John Rawls's A Theory of Justice has become a classic. The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book. Rawls aims to express an essential part of the common core of the democratic tradition--justice as fairness--and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the (...) social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

This article argues that strong versions of the situationist critique of virtue ethics are empirically and conceptually unfounded, as well as that, even if one accepts that the predictive power of character may be limited, this is not a fatal problem for early Confucian virtue ethics. Early Confucianism has explicit strategies for strengthening and expanding character traits over time, as well as for managing a variety of situational forces. The article concludes by suggesting that Confucian virtue ethics represents a more (...) empirically responsible model of ethics than those currently dominant in Western philosophy. (shrink)

Kant’s example of lying to the murderer at the door has been a cherished source of scorn for thinkers with little sympathy for Kant’s philosophy and a source of deep puzzlement for those more favorably inclined. The problem is that Kant seems to say that it’s always wrong to lie – even if necessary to prevent a murderer from reaching his victim – and that if one does lie, one becomes partially responsible for the killing of the victim. If this (...) is correct, then Kant’s account seems not only to require us to respect the murderer more than the victim, but also that we somehow can become responsible for the consequences that ultimately result from someone else’s wrongdoing. After World War II our spontaneous negative reaction to this apparently absurd line of argument is brought out even more starkly by making the murderer at the door a Nazi officer looking for Jews hidden in people’s homes. This paper argues that Kant’s discussion of lying to the murderer at the door has been seriously misinterpreted. The suggested root of the problem is that the Doctrine of Right has been given insufficient attention in Kant interpretation. It is in this work we find many of the arguments needed to understand Kant’s analysis of lying to the murderer in “On a Supposed Right to Lie from Philanthropy”. When we interpret this essay in light of Kant’s discussion in the Doctrine of Right, we can make sense of why lying to the murderer isn’t to wrong the murderer, why we nevertheless become responsible for the consequences of the lie and why choosing to lie to do wrong ‘in the highest degree’. Finally, the Doctrine of Right account of rightful relations makes it possible for us to analyze the example when we make the murderer at the door a Nazi officer. (shrink)

This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

Over the course of its first seven editions, Principles of Biomedical Ethics has proved to be, globally, the most widely used, authored work in biomedical ethics. It is unique in being a book in bioethics used in numerous disciplines for purposes of instruction in bioethics. Its framework of moral principles is authoritative for many professional associations and biomedical institutions-for instruction in both clinical ethics and research ethics. It has been widely used in several disciplines for purposes of teaching in the (...) classroom, during conferences, etc. (shrink)

An updated and expanded successor to Culver and Gert's Philosophy in Medicine, this book integrates moral philosophy with clinical medicine to present a comprehensive summary of the theory, concepts, and lines of reasoning underlying the ...

Most people believe that there are limits to the sacrifices that morality can demand. Although it would often be meritorious, we are not, in fact, morally required to do all that we can to promote overall good. What's more, most people also believe that certain types of acts are simply forbidden, morally off limits, even when necessary for promoting the overall good. In this provocative analysis Kagan maintains that despite the intuitive appeal of these views, they cannot be adequately defended. (...) In criticizing arguments for limited moral requirements as well as those for unconditionally prohibited acts, Kagan offers a sustained attack on two of the most basic features of ordinary common sense morality. (shrink)

1 Knowledge and Justification This book is an investigation of one central problem which arises in the attempt to give a philosophical account of empirical ...

matter of knowing that -- that injustice is wrong, courage is valuable, and care is As a result, what I'll be doing is primarily defending in general -- and due. Such knowledge is embodied in a range of capacities, abilities, and skills..

Overview of the main issues about value pluralism.

One of the great difficulties with Kant’s moral philosophy is that it seems to imply that our moral obligations leave us powerless in the face of evil. Kant’s theory sets a high ideal of conduct and tells us to live up to that ideal regardless of what other persons are doing. The results may be very bad. But Kant says that the law "remains in full force, because it commands categorically" (G, 438-39/57).* The most weI1—known example of...

This paper explores the ethical relevance of a precise new characterization of coherence as maximization of satisfaction of positive and negative constraints. A coherence problem can be stated by specifying a set of elements to be accepted or rejected along with sets of positive and negative constraints that incline pairs of elements to be accepted together or rejected together. Computationally tractable and psychologically plausible algorithms are available for determining the acceptance and rejection of elements in a way that reliably approximates (...) coherence maximization. This paper shows how justification of ethical principles and particular judgments can be accomplished by taking into account deductive, explanatory, analogical, and deliberative coherence. (shrink)

What is the relation between coherence and truth? This paper rejects numerous answers to this question, including the following: truth is coherence; coherence is irrelevant to truth; coherence always leads to truth; coherence leads to probability, which leads to truth. I will argue that coherence of the right kind leads to at least approximate truth. The right kind is explanatory coherence, where explanation consists in describing mechanisms. We can judge that a scientific theory is progressively approximating the truth if it (...) is increasing its explanatory coherence in two key respects: broadening by explaining more phenomena and deepening by investigating layers of mechanisms. I sketch an explanation of why deepening is a good epistemic strategy and discuss the prospect of deepening knowledge in the social sciences and everyday life. (shrink)

Principles that provide general normative frameworks in bioethics have been criticized since the late 1980s, when several different methods and types of moral philosophy began to be proposed as alternatives or substitutes. Several accounts have emerged in recent years, including: (1) Impartial Rule Theory (supported in this issue by K. Danner Clouser), (2) Casuistry (supported in this issue by Albert Jonsen), and (3) Virtue Ethics (supported in this issue by Edmund D. Pellegrino). Although often presented as rival methods or theories, (...) these approaches are consistent with and should not be considered adversaries of a principle-based account. (shrink)

The paper addresses the possibility of providing a meta-justification of what appears to be crucial epistemic desiderata involved in the method of reflective equilibrium. I argue that although the method of reflective equilibrium appears to be widely in use in moral theorising, the prospects of providing a meta-justification of crucial epistemic desiderata are rather bleak. Nor is the requirement that a meta-justification be provided obviously misguided. In addition, I briefly note some of the implications of these results for our use (...) of the method of reflective equilibrium and for the best interpretation of the method. (shrink)