Against the background of the current debate in Germany, the paper explains and discusses ethical aspects of alternative consent systems for post-mortem organ donation. The focus is on opt-out and prompted choice solutions. The authors explain why libertarian paternalism might favour a prompted choice.

Advances in science and technology have added to our insights into the vulnerabilities of human agency as well as to the methods of exploiting them. This has raised the stakes for efforts to clarify the concept and ethics of manipulation. Among these efforts, Robert Noggle’s influencer-centered account of manipulation has been most significant. He defines manipulative acts as those whereby an agent intentionally influences a recipient’s attitudes so that they do not conform as closely as they otherwise would to the (...) pertinent norms and ideals endorsed by the influencer. This provides a relatively simple and in many ways clear definition of manipulation. It sidesteps thorny debates about autonomy, freedom, or practical rationality. It also promises to reveal a conceptual parallel between manipulating and lying, and thus to explain why manipulation is pro tanto wrong. In one respect, however, the account remains ambiguous: It remains unclear whether, and to what extent, it requires that influencers’ beliefs about what is ideal for their recipients to be grounded in some effort on the part of the influencer to identify with or take on the role of her recipient. This paper explains this ambiguity. It argues that influencer-centrism cannot remain indifferent to the validity of an agent’s beliefs about the ideal state of the recipient and provide an identification requirement that would render the whole account plausible and sufficiently determinate. (shrink)

The ongoing digital transformation of almost all areas of human action and agency calls for a readjustment of the norms that regulate these practices. For example, the digitisation of communicative practices poses new challenges to their functioning. This paper explains some of these challenges and argues that they cannot be met by a normative framework that focuses mainly on defensive (free speech and property) rights. In the context of mediated digital communication, the application of such a framework may even have (...) paradoxical consequences. Accordingly, this paper argues for a broader system of communicative rights, understood as rights to meaningful participation in well-functioning communicative practices. (shrink)

The book introduces a conception of discourse ethics, an intersubjectivist version of Kantian ethics. Analysing contributions by Jürgen Habermas, Karl-Otto Apel, Wolfgang Kuhlmann, Albrecht Wellmer, Robert Alexy, Klaus Günther, Rainer Forst, Marcel Niquet and others, it reconstructs critical discussions of the justification of the principle of morality (Part I) and the various proposals for its application (Part II). It defends an alternative model of how discourse ethics can provide guidance in non-ideal circumstances and avoid both arbitrariness and rigorism.