In cases in which we must choose between either (i) preventing a woman from remaining unwillingly pregnant or (ii) preventing a fetus from being killed, we should prevent the fetus from being killed. But this suggests that in typical cases abortion is wrong: typical abortions involve preventing a woman from remaining unwillingly pregnant over preventing a fetus from being killed. And so abortion is typically wrong—and this holds whether or not fetuses are persons.

In ‘The Pregnancy Rescue Case: why abortion is immoral’, Hendricks presents The Pregnancy Rescue Case. In this reply I argue that even if it would be better (i.e., less bad) for the abortion to be prevented in The Pregnancy Rescue Case, that does not mean that typical abortions are impermissible. I also argue that there is a possible explanation, consistent with the pro-choice view and empirically testable, as to why people would (...) think it better for the abortion to be prevented in The Pregnancy Rescue Case. (shrink)

In a recent paper, Tim Henning argues that the result that we should save the greatest number in rescue cases can be established on procedural grounds without making use of the aggregation of interests. He first argues that we ought to respect the affected persons' equal claims to have a say in the rescue decision and that this can only be achieved by the majority rule, which consists in giving each affected person an equal vote. Then he argues (...) for the second claim that if everyone votes in their self-interest, then the greatest number will be saved. I present a class of cases in which the second claim fails. This establishes that even if self-interested voting is assumed, the majority rule does not always lead to the greatest number being saved. (shrink)

The “Embryo Rescue Case” (ERC) refers to a thought experiment that is used to argue against the view that embryos have a right to life (i.e. are persons). I will argue that cognitive science undermines the intuition elicited by the ERC; I will show that whether or not embryos have a right to life, our mental tools will make it very difficult to believe that embryos have said right. This suggests that the intuition elicited by the ERC is (...) not truth indicative. The upshot of this is that we have an undercutting defeater for our intuition that embryos do not have a right to life. (shrink)

I consider cases of multifetal pregnancy in which one fetus with a fatal birth defect poses a risk to the survival of another healthy fetus to show that the substance view anti-abortion position leads to a contradiction. In cases of complicated multifetal pregnancy, if intervention by selective abortion to terminate the defective fetus is not performed, both fetuses will die due to the conditions created by the defective fetus’s fatal birth defect. Because abortion is wrong on the anti-abortion (...) position, and a moderate anti-abortion position cannot make an exception for selective abortion in cases of complicated multifetal pregnancy if it operates on the substance view, choosing selective abortion must be wrong, so one must let both fetuses die. However, the substance view anti-abortion position must take letting both fetuses die to be wrong, otherwise it will undermine itself as an anti-abortion position. Further, the substance view provides grounds for why letting fetuses die would be wrong anyway. Thus, the substance view anti-abortion position must take both having an abortion and not having an abortion to be wrong, which is a contradiction. Therefore, cases of complicated multifetal pregnancy show that the substance view anti-abortion position is false. (shrink)

Clinicians and health researchers frequently encounter opportunities to rescue people. Rescue cases can generate a moral duty to aid those in peril. As such, bioethicists have leveraged a duty to rescue for a variety of purposes. Yet, despite its broad application, the duty to rescue is under-analyzed. In this paper, we assess the state of theorizing about the duty to rescue. There are large gaps in bioethicists’ understanding of the force, scope, and justification of the (...) two most cited duties to rescue—the individual duty of easy rescue and the institutional rule of rescue. We argue that the duty of easy rescue faces unresolved challenges regarding its force and scope, and the rule of rescue is indefensible. If the duty to rescue is to help solve ethical problems, these theoretical gaps must be addressed. We identify two further conceptions of the duty to rescue that have received less attention—an institutional duty of easy rescue and the professional duty to rescue. Both provide guidance in addressing force and scope concerns and, thereby, traction in answering the outstanding problems with the duty to rescue. We conclude by proposing and propose research priorities for developing accounts of duties to rescue in bioethics. (shrink)

In this paper, we identify some key features of what makes something a disease, and consider whether these apply to pregnancy. We argue that there are some compelling grounds for regarding pregnancy as a disease. Like a disease, pregnancy affects the health of the pregnant person, causing a range of symptoms from discomfort to death. Like a disease, pregnancy can be treated medically. Like a disease, pregnancy is caused by a pathogen, an external organism invading (...) the host’s body. Like a disease, the risk of getting pregnant can be reduced by using prophylactic measures. We address the question of whether the ‘normality’ of pregnancy, its current necessity for human survival, or the value often attached to it are reasons to reject the view that pregnancy is a disease. We point out that applying theories of disease to the case of pregnancy, can in many cases illuminate inconsistencies and problems within these theories. Finally, we show that it is difficult to find one theory of disease that captures all paradigm cases of diseases, while convincingly excluding pregnancy. We conclude that there are both normative and pragmatic reasons to consider pregnancy a disease. (shrink)

Elselijn Kingma argues that, in cases of mammalian placental pregnancy, the foster (roughly, the post-implantation embryo/foetus) is part of the gravida (the pregnant organism). But she does not consider the possibility of proper overlap. I show that this generates a number of serious problems for her argument and trace the oversight to a quite general issue within the literature on biological individuality. Doing so provides an opportunity to pull apart and clarify the relations between some importantly distinct questions concerning (...) organismality and organismic parthood, and to identify the implications that this has for those who want to draw on this literature when making metaphysical or mereological arguments. (shrink)

Fetal reduction is the practice of reducing the number of fetuses in a multiple pregnancy, such as quadruplets, to a twin or singleton pregnancy. Use of assisted reproductive technologies increases the likelihood of multiple pregnancies, and many fetal reductions are done after in vitro fertilisation and embryo transfer, either because of social or health-related reasons. In this paper, I apply Joe Horton’s all or nothing problem to the ethics of fetal reduction in the case of a twin (...) pregnancy. I argue that in the case of a twin pregnancy, there are two intuitively plausible claims: abortion is morally permissible, and it is morally wrong to abort just one of the fetuses. But since we should choose morally permissible acts rather than impermissible ones, the two claims lead to another highly implausible claim: the woman ought to abort both fetuses rather than only one. Yet, this does not seem right. A plausible moral theory cannot advocate such a pro-death view. Or can it? I suggest ways to solve this problem and draw implications for each solution. There are no data in this work. (shrink)

Suppose A is wrongfully attempting to kill you, thereby forfeiting his right not to be harmed proportionately in self-defense. Even if it were proportionate to blow off A's arms and legs to stop his attack, this would be impermissible if you could stop his attack by blowing off just one of his arms. Blowing off his arms and legs violates the necessity condition on imposing harm. Jonathan Quong argues that violating the necessity condition consists in violating a right to be (...) rescued: blowing off four of A’s limbs in proportionate self-defense rather than blowing off one of A’s limbs in proportionate self-defense fails to costlessly rescue three of A's limbs. In response, we present cases which intuitively show that violating the necessity constraint involves the violation of a right that is more stringent than a right to be rescued. (shrink)

New theological understanding can emerge with the advancement of scientific knowledge and the use of new concepts, or older concepts in new ways. Here, the authors present a proposal to extend the concept of “rescue and recovery” found in the United Nations Law of the High Seas, off‐world and within a broader purview of other intelligent and self‐aware species that humans may someday encounter. The notion of a morality that extends to off‐world species is not new, but in this (...) analysis, rescue and recovery become an imperative when any intelligent and self‐aware species is in harm's way. Rescue and recovery encompass a necessary action component except perhaps in those cases where rescuers are in danger. The authors explore three biblical examples of rescue and recovery to derive a fundamental meaning of the concept. (shrink)

The duty to rescue is a highly plausible and powerful ethical principle. It requires agents to assist others in extreme need in cases where doing so does not conflict with some weighty moral aim; requires little personal sacrifice; and is likely to significantly benefit the recipients.1 As a general obligation, it binds all persons simply qua persons, and it is owed to all persons simply qua persons. Clinical investigators working in low-income countries frequently encounter sick or destitute people to (...) whom they might possess a duty to rescue. Investigators may often ask themselves, what can I do, what should I do, to help? Such investigators often help people in the future by carrying out their... (shrink)

In this paper I take up (what I call) the pregnancy loss objection to defenses of abortion that deny fetal moral status. Though versions of this objection have been put forth by others—particularly Lindsey Porter’s in a 2015 paper—I argue that the existing versions of the objection are unsuccessful in various ways: failing to explain the ground of moral considerability that would apply to embryos/fetuses in very early pregnancy, lack of clarity about what it means to take grief (...) after miscarriage seriously, and implausible implications regarding pre-embryo and infertility cases. I go on to offer a more plausible version of the objection, which I apply only to mid-pregnancy and fetuses, by drawing on personal narratives of later pregnancy loss and abortion and emphasizing practices that indicate the relevant kind of mourning. I then take up the question of how experience of the sort I have in mind can function as evidence, by situating my version of the objection in a pragmatist ethical view. Finally I consider and respond to some worries about the very idea of taking experience of pregnancy loss to be evidence regarding fetal moral status. (shrink)

Public reason liberalism is defined by the idea that laws and policies should be justifiable to each person who is subject to them. But what does it mean for reasons to be public or, in other words, suitable for this process of justification? In response to this question, Kevin Vallier has recently developed the traditional distinction between consensus and convergence public reason into a classification distinguishing three main approaches: shareability, accessibility and intelligibility. The goal of this paper is to defend (...) the accessibility approach by demonstrating its ability to strike an appealing middle course in terms of inclusivity between shareability and intelligibility. We first argue against Vallier that accessibility can exclude religious reasons from public justification. Second, we use scientific reasons as a case study to show that accessibility excludes considerably fewer reasons than shareability. Throughout the paper, we connect our discussion of accessibility to John Rawls’s model of public reason, so as to give substance to the accessibility approach and to further our understanding of Rawls’s influential model. (shrink)

Jeremy R. Garrett claims that the nature and scope of our rescue duties cannot be properly understood and addressed without reference to social context or institutional background conditions. In my comment I focus not on social or institutional but on psychological background conditions that are also necessary for the conceptualization of rescue cases. These additional conditions are of crucial importance since an entire paradigm of “rescue medicine” is founded, as Garret notices, on the powerful and immediate “impulse (...) to rescue” (Garrett 2015). I understand this “impulse” as the preference toward identified victims, and I argue that it may sometimes distort genuine moral judgments in rescue cases. (shrink)

There is much philosophical literature on the duty to rescue. Individuals who encounter and could save, at relatively little cost to themselves, a person at risk of losing life or limb are morally obligated to do so. Yet little has been said about the other side of the issue. There are cases in which the need for rescue could have been reasonably avoided by the rescuee. We argue for a duty to take rescue precautions, providing an account (...) of the circumstances in which it arises. This novel duty has important implications for public policy. We apply it to the situation of some of the uninsured in the United States. Given the US clinician's duty to provide emergency care to all people regardless of ability to pay, some of the uninsured have a moral duty to purchase health insurance. We defend the duty against objections, including the possibility that a right to rescue can be waived, thus undermining a duty to take rescue precautions, that the duty of many professionals is voluntarily incurred, and that a distinction between actively assumed and passively assumed risks matters morally. (shrink)

The rule of rescue holds that special weight should be given to protecting the lives of assignable individuals in need, implying that less weight is given to considerations of cost-effectiveness. This is sometimes invoked as an argument for funding or reimbursing life-saving treatment in public healthcare even if the costs of such treatment are extreme. At first sight one might assume that an individualist approach to ethics—such as Scanlon’s contractualism—would offer a promising route to justification of the rule of (...) rescue. In this chapter I argue that contractualism cannot endorse the rule of rescue, whereas a collectivist approach that appeals to group solidarity would offer support for rescue cases. The argument, however, has its limitations, and though solidarity is of central concern in shaping public healthcare, there are good reasons for not endorsing the rule of rescue as a moral basis for allocating scarce resources in clinical care. (shrink)

This study examines the ethical and legal issues faced by girls/women requesting abortions who were victims of rape, aspects which have received little attention to date. This is a retrospective study using an approach and legal issues relating to incidents of unwanted pregnancy resulting from rape as reported in Turkish newspapers from 2010 to 2018. A total of 95 articles were discovered and categorized. These were then evaluated for content and analyzed in terms of the ethical issues related to (...) the cases. Of the articles,14 involved rape-related pregnancy cases. The six cases chosen for analysis in this study were carefully selected from newspaper reports between 2010-2018. The victims who requested abortions were between 9 and 26 weeks pregnant and aged 14-26 years old. Turkish courts approved only two of the victims' requests. The cases in this study were evaluated by the authorities solely on legal grounds. The stress experienced by victims of rape is exacerbated by compulsory pregnancy; the fact that these victims were not allowed to terminate their pregnancies resulted in their further punishment. Requests for abortions should be assessed not only in terms of legality but also based on medical and especially ethical issues. (shrink)

Deceased organ donation is widely considered as a case of easy rescue―that is, a case in which A may bestow considerable benefits on B while incurring negligent costs herself. Yet, the policy implications of this observation remain unclear. Drawing on Christopher H. Wellman’s samaritan account of political obligations, the paper develops a case for a so-called opt-out system, i.e., a scheme in which people are defaulted into being donors. The proposal’s key idea is that we may (...) arrange people’s options in specific ways for the sake of others. (shrink)

Fiona Woollard argues that when one is personally involved in an emergency, one has a moral requirement to make substantial sacrifices to aid others that one would not otherwise have. She holds that there are three ways in which one could be personally involved in an emergency: by being physically proximate to the victims of the emergency; by being the only person who can help the victims; or by having a personal encounter with the victims. Each of these factors is (...) claimed to be defeasibly sufficient to ground personal involvement, and thus a requirement of substantial sacrifice to aid. Woollard defends this view on the basis of a number of cases. We show that Woollard’s cases contain various confounding factors. In view of the more precisely drawn cases offered here, it is clear that neither proximity nor uniqueness nor personal encounter is intuitively defeasibly sufficient in the way Woollard claims. (shrink)

It is wholly uncontroversial that measurements-or, more properly, propositions that are measurement reports-are often paradigmatically good cases of propositions that serve the function of evidence. In normal cases it is also obvious that stating such a report is an utterly pedestrian case of successful assertion. So, for example, there is nothing controversial about the following claims: (1) that a proposition to the effect that a particular thermometer reads 104C when properly used to determine the temperature of a particular patient (...) is evidence that the patient in question has a fever and (2) that there is nothing wrong with asserting the proposition that a particular thermometer reads 104C for appropriate reasons of communication, etc. when the thermometer has been properly used to determine the temperature of a particular patient. Here it will be shown that Timothy Williamson’s commitments to a number of principles about knowledge and assertion imply that a whole class of utterly ordinary statements like these that are used as evidence are not really evidence because they are not knowledge and so are (perversely) unassertable according to his principled commitments. This paper deals primarily with the second of these two problems and an alternative account of the norms of assertion is introduced which allows for the assertability of such measurement reports. (shrink)

Contrary to popular belief, population-wide preventive measures are rarely cost-reducing. Yet they can still be cost-effective, and indeed more cost-effective than treatment. This is often true of preventive measures that work by slightly reducing the already low risks of death faced by many people. This raises a difficult moral question: when we must choose between life-saving treatment, on the one hand, and preventive measures that avert even more deaths, on the other, is the case for prevention weakened when it (...) works by reducing many healthy people’s already low risks by a further tiny amount? I argue the answer is no. (shrink)

In this paper, I respond to criticisms toward my account of the difference in moral status between fetuses and newborns. I show my critics have not adequately argued for their view that pregnant women participate in a parent-child relationship. While an important counterexample is raised against my account, this counterexample had already been dealt with in my original paper. Because the criticisms against my account lack argumentative support, they do not pose a problem for my account. I conclude the raised (...) criticisms do not amount to a strong philosophical case against my account. (shrink)

Ectopic pregnancy is defined as the fertilized ovum implants in a location outside the endometrial cavity, remains to be an important cause of maternal morbidity and mortality worldwide and is a health problem with incidence ranges between 0.25% and 2% of all pregnancies. In our study, in Izmir Katip Celebi University Ataturk Training and Research Hospital, Department of Obstetrics and Gynecology from 2011 to 2013, 96 cases with diagnosis of ectopic pregnancy managed by the adapted RCOG’s Guide were (...) analyzed retrospectively. The data were analyzed as follows: age, the history of operation, smoking, the presence of intrauterine device, blood groups, hemoglobin, platelets, values of B-hCG, the diagnostic interval, intra-abdominal free fluid and/or acute abdomen, the method of treatment and the success of treatment. (shrink)

This study constitutes an ethical analysis through the lens of distributive justice in the case of the Troubled Asset Relief Program (TARP), which was enacted in the midst of the Great Recession of 2007–2009. It begins by engaging with the visions of justice constructed by John Rawls and Robert Nozick, using their insights to locate the injustices of TARP according to their moral imaginations. However, this study argues that Rawls’ and Nozick’s theories of justice primarily envision the nature of (...) law as being restrictive of vice, not as instructors of virtue. Thus, it resources the legal philosophy of St. Thomas Aquinas to demonstrate how the positive pedagogy of law can enable a more just construction of economic rescue legislation, one that not only prevents future repetitions of economic vices and injustice, but is also formative for a society that prizes economic justice and virtues. In doing so, the study proposes two criteria for a more just consideration of economic rescue legislation that embraces law’s positive pedagogy. (shrink)

Tony Milligan argues that some forms of covert non-human animal rescue, wherein activists anonymously and illegally free non-human animals from confinement, should be understood as acts of civil disobedience. However, most traditional understandings of civil disobedience require that the civil disobedient act publicly rather than covertly. Thus Milligan’s proposal is that we revise our understanding of civil disobedience to allow for covert in addition to public disobedience. I argue we should not. Milligan cannot justify using paradigm cases to expand (...) the scope of civil disobedience without justifying similar reasons to limit the scope, and he does nto give convincing reasons for discarding the communication requirement, according to which an action cannot count as civil disobedience unless it is communicative. The immediate conclusion is that animal rescue is not civil disobedience, while the broader conclusion is one about civil disobedience more broadly: an act must be public to count as civil disobedience. (shrink)

Limited aggregation holds that we are only sometimes, not always, permitted to aggregate. Aggregation is permissible only when the harms and benefits are relevant to one another. But how should limited aggregation be extended to cases in which we are uncertain about what will happen? In this article, I provide a challenge to ex post limited aggregation. I reconstruct a precise version of ex post limited aggregation that relies on the notion of ex post claims. However, building a theory of (...) limited aggregation based on ex post claims leads to a dilemma. This shows that ex post limited aggregation is currently far away from being a well-defined alternative, strengthening the case for ex ante limited aggregation. (shrink)

The case of Andrew Gobea, the first child to receive experimental gene therapy for SCID, and a reflection on the associated ethical implications of gene therapy research.

Feminist bioethicists of a variety of persuasions discuss the 2013 case of Marlise Munoz, a pregnant woman whose medical care was in dispute after she became brain dead.

Throughout the Yemeni Civil War, western states have supplied weapons used in the indiscriminate bombing campaign conducted by the Saudis. In defence of their actions, British politicians have argued that they are exchanging weapons for influence, and using the influence obtained to encourage compliance with humanitarian law. An additional premise in the argument is that Britain is using its influence more benignly than alternative suppliers would use theirs if Britain were not on the scene. The idea is that Britain is (...) substituting itself for other, less scrupulous, interveners. I argue that, regardless of whether British substitution intervention could be justified in this way…, it is not in fact justified, because Britain has not plausibly used its influence to secure an amount of good sufficient to offset the various harms that its actions have created (or to discharge the expanded duties of rescue that greater influence entails). In addition, the article identifies the various forms that substitution intervention can take, and shows how the concept reveals hitherto neglected reasons to both support and oppose intervention in foreign conflicts. (shrink)

The excessive population growth leading to urbanization and, subsequent to it, urban sprawl, increases the size and number of urban settlements. Consequently, to fulfill the land needed for this expansion, humans encroach the public open areas, including highly crucial urban green spaces. Generally, any kind of greenness within the city, known as urban green spaces, benefits the ecosystem and the inhabitants. Hence, the green infrastructure, universally, should be preserved. Urban parks, specifically urban forest parks, serving as recreational green public spaces, (...) are beneficial for environmental issues and human’s mental and physical health, in other words, well-being, by enabling them to interact with nature. To appropriately preserve the urban forest parks, being aware of the motivational factors for the visitors have a key role. While the willingness factors vary amongst people, it is important to know whether different people can experience the same park diversely, which is almost attractive in terms of general park features. Hence, the study refers to the concept of sense of place, capable of turning spaces into the desired places, framing the users’ behavior and transmitting cultural meaning. Augmentation occurs using Information and Communication Technologies (ICTs) in urban environments. It can be as simple as telecommunication technologies or very complicated ones. With their everyday use in peoples’ lifestyles, they have penetrated humans’ real lives, fading away the border detaching the real world from the world of computer-mediated services. Nowadays, a holistic technological perspective dominates the urban areas rather than individual ICT projects, which can reshape people’s interaction with their surroundings. Hence, the ICT-enriched spaces result in augmented spaces that convey a sense of place, supporting meaning-making and behavior framing. With its recent definition, gamification, which is the process of making activities more game-like, is a sample of augmentation. While triggering motivation in the users, it can support inducing new behaviors or reshaping the existing ones. Currently, gamification is spread out to various domains, both in academia and amongst practitioners. However, while gamification may involve any type of content, it is called a serious game in the case of transmitting serious educational content besides being entertaining. They are able to engage the player with the education of a certain topic or enhancement of a specific skill. The recent covid-19 outbreak and consequent confinement periods affected people's everyday lifestyles. While suddenly, people lost the freedom of being outdoor, experiencing new places, and interacting with each other, the technology rescued them from such a phenomenon. Virtual environment served them as a mediator to be in the same place, interact, and experience their daily activities in a novel form. Additionally, gamification changed even the sense of their virtual places. This thesis aims to enrich the park visitors’ experience via entertainingly introducing the Atatürk urban forest park to them, accompanied with educational content, by means of a locative serious game. The game benefits from the public awareness reinforcement to serve urban green space preservation. It generates a sense of placeness in its in situ mobile version and desktop version, played remotely, to frame the players’ behavior for the sake of its aim. The thesis is divided into six chapters to achieve its intended aim: The first chapter, the introduction, describes the excessive population growth leading to urbanization and its subsequent, urban sprawl, which increases the size and number of urban settlements and decreases the area of highly crucial urban green spaces. Discussing the green infrastructure benefits, this part emphasizes the importance of its preservation. After a brief debate around the possible ways of this conservation, this chapter continues with the thesis's purpose, method, and content. The literature review part, located in the second and the third chapter, introduces the types, definitions, and the benefits of the urban green spaces, instanced as parks and urban forest parks. This chapter continues with a description of the park experience, followed by the concept of the sense of place. Augmentation and the use of ICTs for behavior framing are described, followed by the idea of gamification, serious games, related case studies, and software. Next, in the fourth chapter, the thesis continues with the research part. Firstly, it introduces the selected area, Atatürk Urban Forest Park, with its detailed fauna and flora information. Then, it proceeds with the game development part, introducing the operated 360° panoramic field photography with a smartphone and using 3dvista Virtual Tour PRO software as the game development tool to provide a locative serious game. For the evaluation of the developed game’s success, in the fifth chapter, the thesis conducts an online survey, including a Google form questionnaire, requested to be filled after the gameplay, focused on the remote version, inspired by the pandemic situation. Finally, in the last chapter, the thesis results are concluded, and the discussions around the future possibilities of the provided method and its capabilities are made to enlighten the field for further studies. (shrink)

Questioning the ethical reasoning behind ways of attributing value to lives impacts philosophical dilemmas encountered in policy making and innovation in AI. For instance, this sort of reasoning requires us to determine how self-driving cars should behave when encountering real-life dilemmas such as inevitably crashing into one person as opposed to a group of people. -/- This issue will be examined with the Rocks Case, a case of conflict of interest where all the relevant parties are strangers, and (...) we can either save one person or a group of five. The two courses of action which will be discussed in this paper are: 1) “Ought to Save the Many” (OSM) and 2) “Permitted to Save the Few” (PSF). -/- The position of PSF using a weighted lottery will be argued for, rather than acting according to utilitarian or contractualist OSM reasoning, on the grounds that it would give all persons involved a fair opportunity of survival. This is judged to be a more important criterion than merely maximising the number of people to rescue. (shrink)

For over a century now, American scholars (among others) have been debating the merits of “bad Samaritan” laws — laws punishing people for failing to attempt easy and safe rescues. Unfortunately, the opponents of bad Samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states have passed bad Samaritan laws, and these laws impose only the most minimal punishment — either sub-$500 fines or short-term imprisonment. -/- This Article argues that every state should (...) criminalize bad Samaritanism. There are three main reasons. First, criminalization is required by the supreme value that we place on protecting human life, a value that motivates laws against both homicide and manslaughter. Second, criminalization is recommended by the “proportionality principle” — i.e., the principle that a law’s level of punishment should be directly proportional to the moral severity of the offense. Third, criminalization would yield a number of significant benefits, including helping to minimize needless deaths and injuries and providing society with an institutional outlet for its outrage against bad Samaritans. -/- Still, many objections have been leveled against bad Samaritan laws. This Article will argue that while some of these objections — for example, the objections involving foundational criminal law principles such as the actus-reus requirement, the harm principle, and causation — are all easily refuted, five other objections are not. These five objections involve pragmatic considerations such as the difficulties with obtaining evidence against bad Samaritans and psychological considerations such as people’s understandable reasons for not wanting to “get involved.” This Article will then put these five objections into reflective equilibrium with the moral arguments for bad Samaritan laws and conclude that while bad Samaritanism should indeed be criminalized, the punishment that convicted bad Samaritans receive should be mild — certainly milder than the level of punishment recommended by the “proportionality principle.” The corollary of this conclusion is that the criminal law should sometimes abandon the proportionality principle. (shrink)

In a world characterised by intense global poverty, do active corporate efforts to help the global poor constitute discretionary acts of charity, to be praised but not to be thought of as mandatory? Or, conversely, are such efforts a matter of binding moral duty? The traditional position among business ethicists – and still, perhaps, the dominant one – is that there is no such duty, except perhaps in exceptional circumstances such as rescue cases. In recent years, however, several authors (...) have made the case that corporations have quite wide-ranging positive duties to the global poor. This entry outlines the contours of the various arguments given in favour of the latter position, before highlighting two theoretical challenges which arise if we are to embrace this position – first, the issue of determining what sorts of actions count as adequately fulfilling positive duties to the global poor, and, second, the question of what limits there are, if any, to the demandingness of corporations’ positive duties. (shrink)

In this article, I present a novel argument against abortion. In short, what makes it wrong to kill someone is that they are a counterfactual person; counterfactual persons are individuals such that, were they not killed, they would have been persons. My view accommodates two intuitions which many views concerning the wrongness of killing fail to account for: embryo rescue cases and the impermissibility of infanticide. The view avoids embryo rescue cases because embryos in the rescue scenarios (...) are not counterfactual people: they are not counterfactual people because it is false to say that, were they not killed, they would have been persons. As a result, it does not follow from my account that there is a prohibition against allowing embryos to die. On the other hand, infants are counterfactual people: an infant is an individual such that, were she not killed, she would have been a person. (shrink)

Six people are in trouble. We can save five of them or just the sixth. What should we do? John Taurek (1977) defends a radical view: We are not required to save the greater number. Taurek's paper has persuaded some. But even the unpersuaded agree that Taurek poses a deep and important challenge: From where does the priority of the many derive? It seems difficult, or even impossible, to convince someone who denies the importance of the numbers... to care about (...) the numbers. That’s what this paper aims to do. It will argue that the priority of the many follows, with minimal other assumptions, from something all should accept: the modest premise that if we can improve one person's chance of survival—without affecting anyone else—we should. (shrink)

Cass Sunstein and Richard Thaler's proposal that social and legal institutions should steer individuals toward some options and away from others-a stance they dub "libertarian paternalism"-has provoked much high-level discussion in both academic and policy settings. Sunstein and Thaler believe that steering, or "nudging," individuals is easier to justify than the bans or mandates that traditional paternalism involves. -/- This Article considers the connection between libertarian paternalism and the regulation of reproductive choice. I first discuss the use of nudges to (...) discourage women from exercising their right to choose an abortion, or from becoming or remaining pregnant. I then argue that reproductive choice cases illustrate the limitations of libertarian paternalism. Where choices are politicized or intimate, as reproductive choices often are, nudges become not much easier to justify than traditional mandates or prohibitions. Even beyond the context of reproductive choice, it is not obvious how much easier nudges are to justify than bans or mandates. -/- Part I of this Article briefly introduces Sunstein and Thaler's libertarian paternalism. Part II then turns to the context of reproductive choice. Part II.A reviews restrictions on the right to choose an abortion-particularly post-Casey regulations such as waiting periods, requirements that women receive certain types of information, and requirements that women undergo ultrasound-that pitch themselves as steering choice without entirely closing off the right to choose an abortion. This distinction between nudges and prohibitions echoes Sunstein and Thaler's proposals, but works to subordinate women's choices to the judgment of (often male) experts and administrators-hence my term "libertarian patriarchalism." Part II.B reviews efforts to nudge women-particularly teenagers, HIV-positive women, and others thought to be unsuitable mothers-to avoid pregnancy. -/- Part III considers the normative implications of nudging reproductive decisions. In Part III.A, I argue that the political nature of reproductive choices presents a problem for nudges. I do so by considering a parallel with voting rights. Empirical research shows that voters are more likely to choose the candidate listed first on the ballot. Yet we do not empower the administrator in charge of ballot design to choose a default rule that nudges individuals toward the candidate he sincerely believes would promote choosers' welfare. Given the political nature of reproductive choices, a policymaker's attempting to nudge reproductive decisionmaking in the direction he prefers-or indeed in any direction-fails to show adequate respect for the chooser's agency. In Part III.B, I offer an argument that targets the use of nudges in the context of pregnancy. Finally, in Part III.C, I argue that nudges do not merely add choices to an existing menu, but change the substantive choices available to individuals and thereby impose more-than-trivial costs on them. I conclude by exploring the implications of my arguments for nudges more generally. (shrink)

The 2010 Patient Protection and Affordable Care Act was designed to increase health insurance coverage in the United States. Its most controversial feature is the requirement that US residents purchase health insurance. Opponents of the mandate argue that requiring people to contribute to the collective good is inconsistent with respect for individual liberty. Rather than appeal to the collective good, this Viewpoint argues for a duty to buy health insurance based on the moral duty individuals have to reduce certain burdens (...) they pose on others. When some people have a duty to rescue, others may have a duty to take rescue precautions, in this case, to purchase health insurance to cover acute and emergency care needs. Requiring that individuals meet this obligation is consistent with respect of individual liberty. (shrink)

The development of artificial womb technology is proceeding rapidly and will present important ethical and theological challenges for Christians. While there has been extensive secular discourse on artificial wombs in recent years, there has been little Christian engagement with this topic. There are broadly two primary uses of artificial womb technology—ectogestation as a form of enhanced neonatal care, where some of the gestation period takes place in an artificial womb, and ectogenesis, where the entire gestation period is within an artificial (...) womb. Ectogestation for the latter weeks or months of pregnancy could be possible within a decade or so, while ectogenesis for humans is far more speculative. Ectogestation is likely to significantly decrease maternal and neonatal morbidity and mortality, and so there is a strong case for supporting its development. Ectogenesis, however, may bring a number of challenges, including the commodification of children, and the pathologizing of pregnancy and childbirth. Its long-term effects on those who are created through this process are also unknown. In the event that it becomes ubiquitous, we may also find the central theological significance of pregnancy and birth diminished. The dilemma for Christians is that the development of ectogestation seems likely to normalise the use of artificial gestation, and, in time, pave the way for ectogenesis. (shrink)

This special issue of the Journal of Medicine and Philosophy focuses on unintended intrauterine death (UID) and preterm delivery (both phenomena that are commonly—and unhelpfully—referred to as “miscarriage,” “spontaneous abortion,” and “early pregnancy loss”). In this essay, I do two things. First, I outline contributors’ arguments. Most contributors directly respond to “inconsistency arguments,” which purport to show that abortion opponents are unjustified in their comparative treatment of abortion and UID. Contributors to this issue show that such arguments often rely (...) on a grossly oversimplified picture of abortion opponents’ views. Furthermore, contributions in this issue weigh in on issues regarding UID with theoretical import and therapeutic implication beyond the inconsistency argument debate. These papers can be mined for principles that better inform us about anembryonic pregnancies (i.e., nonviable pregnancies in which a gestational sac exists but no embryonic pole can be seen via transvaginal ultrasound), UID-prevention research, the law concerning UID (especially post-Dobbs), policies for handling embryonic remains, and moral psychology as it relates to UID, emotion, and empathy. In each case, conceptual philosophical analysis might bring about therapeutic benefits for those affected by UID. Philosophers, therefore, are in position not only to provide clarity—careful analysis and discussion of UID and related phenomena—but are also in position to genuinely help people affected by UID. (shrink)

Is it wrong to bring new children into existence when there are so many existing children in need of parental care? Several philosophers have defended the view that prospective parents have a pro tanto​ duty to adopt rather than procreate as a means of fulfilling their interest in parenting. The most prominent argument for this view in the existing literature is the rescue-based argument, which derives an individual duty to adopt rather than procreate from a more general duty to (...) rescue or assist those in need. In this paper, I critically examine the rescue-based argument and explain why it fails. First, I argue that we do not necessarily have a duty to rescue in cases that resemble the global orphan crisis, where one’s intervention is merely sufficient to prevent serious harm to a potential victim. Second, I argue that even if we had such a duty, it would not necessarily generate a duty to adopt rather than procreate given the significant financial, emotional, and agency-related costs of adoption, particularly in current, non-ideal conditions. The upshot of these arguments is that the rescue-based argument can only generate a duty to adopt rather than procreate with respect to a relatively small constituency of orphaned children, many of whom are likely to be adopted anyway by willing volunteers. In the vast majority of cases, then, the rescue-based argument does not entail that it is wrong to create new children when there are already existing children in need of parental care. (shrink)

Several European and North American states encourage or even require, via good Samaritan and duty to rescue laws, that persons assist others in distress. This paper offers a utilitarian and contractualist defense of this view as applied to corporations. It is argued that just as we should sometimes frown on bad Samaritans who fail to aid persons in distress, we should also frown on bad corporate Samaritans who neglect to use their considerable multinational power to undertake disaster relief or (...) to confront widespread social ills such as those currently befalling public health (obesity) and the environment (climate change). As such, the corporate duty to assist approach provides a novel justification for sustainable business practices in such cases. The paper concludes by arguing that traditional stakeholder approaches have not articulated this duty of assistance obligation, though a new utilitarian stakeholder theory by Thomas Jones and Will Felps may be coextensive. (shrink)

Phenomenology has been described as a “non-argumentocentric” way of doing philosophy, reflecting that the philosophical focus is on generating adequate descriptions of experience. But it should not be described as an argument-free zone, regardless of whether this is intended as a descriptive claim about the work of the “usual suspects” or a normative claim about how phenomenology ought to be properly practiced. If phenomenology is always at least partly in the business of arguments, then it is worth giving further attention (...) to the role and form of phenomenological argumentation, how it interacts with its more strictly descriptive component, and the status of phenomenological claims regarding conditions for various kinds of experience. I contend that different versions of phenomenological reasoning encroach upon argument forms that are commonly thought to be antithetical to phenomenology, notably abductive reasoning, understood in terms of its role in both hypothesis generation and in terms of justification. This paper identifies two main steps to making this case. The first step takes seriously the consequences of the intrinsically dialectical aspect of phenomenology in intersection with other modes of philosophy, the natural attitude, and non-philosophy. The second step focuses on transcendental reflection and arguments about the conditions/structures they contain. Together, these two steps aim to rescue phenomenology from the objection that it has an “ostrich epistemology” with regard to the ostensible purity of description, the intuition of essences, or the “conditions” ascertained through transcendental reflection. (shrink)

It is commonly held that unexcused impermissible acts are necessarily blameworthy, not praiseworthy. I argue that unexcused impermissible acts can not only be pro tanto praiseworthy, but overall praiseworthy—and even more so than permissible alternatives. For example, there are cases in which it is impermissible to at great cost to yourself rescue fewer rather than more strangers, yet overall praiseworthy, and more so than permissibly rescuing no one. I develop a general framework illuminating how praiseworthiness can so radically come (...) apart from deontic status. (shrink)

We have a striking ability to alter our psychological access to past experiences. Consider the following case. Andrew “Nicky” Barr, OBE, MC, DFC, (1915 – 2006) was one of Australia’s most decorated World War II fighter pilots. He was the top ace of the Western Desert’s 3 Squadron, the pre-eminent fighter squadron in the Middle East, flying P-40 Kittyhawks over Africa. From October 1941, when Nicky Barr’s war began, he flew 22 missions and shot down eight enemy planes in (...) his first 35 operational hours. He was shot down three times, once 25 miles behind enemy lines while trying to rescue a downed pilot. He escaped from prisoner of war camps four times, once jumping out of a train as it travelled from Italy into Austria. His wife Dot, who he married only weeks before the war, waited for him at home. She was told on at least three occasions that he was missing in action or dead. For 50 years, Nicky Barr never spoke publicly, and rarely privately, of his war-time experiences. He was very much a forgotten and forgetting hero (for further details, see Dornan, 2002). In his first public interview in 2002 on the Australian documentary program “Australian Story”, Nicky explained his 50 year silence by saying. (shrink)

A cause may influence its effect via multiple paths. Paradigmatically (Hesslow [1974]), taking birth control pills both decreases one’s risk of thrombosis by preventing pregnancy and increases it by producing a blood chemical. Building on Pearl ([2001]), I explicate the notion of a path-specific effect. Roughly, a path-specific effect of C on E via path P is the degree to which a change in C would change E were they to be transmitted only via P. Facts about such effects (...) may be gleaned from the structural equations commonly used to represent the causal relationships among variables. I contrast my analysis of the Hesslow case with those given by theorists of probabilistic causality, who mistakenly link it to issues of causal heterogeneity, token-causation and indeterminism. The reason probabilistic theories misdiagnose this case is that they pay inadequate attention to the structural relationships among variables. (shrink)

Suppose we can save either a larger group of persons or a distinct, smaller group from some harm. Many people think that, all else equal, we ought to save the greater number. This article defends this view (with qualifications). But unlike earlier theories, it does not rely on the idea that several people's interests or claims receive greater aggregate weight. The argument starts from the idea that due to their stakes, the affected people have claims to have a say in (...) the rescue decision. As rescuers, our primary duty is to respect these procedural claims, which we must do by doing what these people would decide, in a process where each is given an equal vote on the matter. So in cases where each votes in their own self-interest, respect for their equal right to decide, or their autonomy, will lead us to save the greater number. The argument is explained in detail, with special attention to the questions of how, exactly, it avoids aggregation, and of why majority rule is superior to lottery procedures. The view has further advantages. Especially, it explains the “partial” relevance of numbers in cases involving unequal harms, and it does so in a way that dissolves the appearance of paradox that besets theories of “partial aggregation.”. (shrink)

Hugh LaFollette proposed parental licensing in 1980 (and 2010)--not as a requirement for pregnancy, but for raising a child. If you have a baby, are not licensed, and do not get licensed, the baby would be put up for adoption. Despite the intervention required in an extremely personal area of life, I argue that those who endorse the harm principle ought to endorse parental licensing of this sort. Put differently, I show how the harm principle strengthens the case (...) for parental licensing. (shrink)

This case study deals with failure to ejaculate intravaginally during sexual intercourse. The causative factors were thought to be unconscious in nature. The patient showed significant improvement after only one session, when these unconscious factors were interpreted to and accepted by the patient. We discuss briefly the application of psychodynamic theory in sex therapy and possible implementations in training settings.

1. The most original discovery in Beauvoir’s book is one more Columbus’s egg, namely that it is far from evident that a woman is a woman. That is, she discovers that a woman is the result of a process that made so that she is like she is. The paper discusses two aspects of the so-to-say ‘ideology’ inspiring the work. The first is its ideology in the proper, Marxian sense. My claim is that the work still pays a heavy price (...) to the dominating ideology. It leaves still too much unquestionedof what was assumed at the time to be obvious, necessary, and unchanging. This ballast depends firstly on the inherited prevailing climate of opinion, corresponding to a situation of alienation, producing two distorted views of the male and female gender. On the other hand, it depends on an unquestioned legacy from the modern episteme (in Foucault’s sense of the word) carrying presupposed Cartesian dualism. The other side of the work’s ideology, that is, the positive program presented or better the utopia it formulates is less innovative than it could be, In a few passages, where she seems to make use of suggestions from Merleau-Ponty, she points at a view where the bodily and emotional dimension is rescued from its negation in the male-dominated Capitalist society. Still, these suggestions are forgotten in the bulk of the work. -/- 2. The making of a philosophical work does not depend just on the kind of philosophical influences behind it. A book is also the product of an author with a story living in one society at a given time of social history. In this case, the book was written in the afterwar time when women were pushed back home again from the wartime labor market and when several of the goals reached by the first phase of feminist movements had gone lost in several European countries under Fascist or semi-fascist regimes and were being eroded in America by the reactionary climate of McCarthyism. It was a book written by an intellectual young woman in almost total isolation. These circumstances account for some more naïve suggestions from work: for ex., the idea that the alternative to the strategy once adopted by nineteenth-century emancipationist movements should be an individual inner process of transformation confined within the boundaries of one woman’s consciousness, or also, the idea that the goal of women’s liberation should be to bring all women to a condition similar of Simone de Beauvoir herself who, as an educated woman, earning her life by her work, and living in an allegedly equal state with an enlightened man (Jean-Paul Sartre!) in a relationship free from constraints (an unmarried couple!), was already exemplifying what a liberated woman’s life would be. -/- 3. The reconstruction of the idea of femininity is still the most fruitful part of the work. It rejects the notion of femininity as an essence depending on biology or other factors and explores the making of this image as a result of a condition made of the social and economic state of affairs but as revived and actively mirrored through and by the consciousness of the very subjects suffering an oppressive situation. And the main novelty is the ‘discovery’ of asymmetry between the self-image of the male and the (self)-image of the woman, an asymmetry depending on the fact that the woman sees herself through the other’s eyes. -/- 4. Later feminist writers such as Shulamit Firestone remarked that 'The Second Sex' heavily depended on several key-ideas from Sartre existential ontology. One crucial aspect is accepting the mind-body dualistic framework without any suspicion that such dualism could have been itself a projection of the basic experience of the male-female duality. I suggest that the philosophical legacy inherited from Sartre is on occasion an asset for Beauvoir’s innovative existential analysis of the feminine ‘condition,’ but on several occasions, it creates unnecessary obstacles for her project of a new comprehension of the feminine ‘situation,’ aimed at rescuing women from an 'inauthentic' self-definition. -/- 5. The first among these poisoned gifts is Sartre’s idea of the individual as pure freedom and project. Merleau-Ponty’s criticism is well-known: Sartre draws a picture of the world as containing no more than ‘human beings and things,’ thus denying any substance to social relations, institutions, and culture. -/- 6. The second is Sartre’s reconstruction of dialectics, understood as dialectics without synthesis. This is an enlightening tool when used to describe conflicts, in so far as it accounts for the emergence of the ‘other’ as what is excluded. But it becomes a boomerang when used to interpret any kind of relationship, leading to equate inter-subjectivity with conflict. -/- 7. Suggestions coming from Merleau-Ponty’s phenomenological approach of positive value of the bodily dimension as such, and hence of the feminine body, are evoked here and there but never fully spelled out. The most shocking consequence of acceptance of the Cartesian or Sartrean dualist view is an almost total de-evaluation of sexuality, understood as an activity involving just one tiny part of the human body, going with the idea that overcoming the oppression of women implies de-empathizing biological differences that are after all tiny and devoid of value. Besides, Beauvoir falls back into the trap of grounding claims of equality between men and women on the assumption that biological differences are of limited relevance. The eventual reason for such a step back is the distorting Cartesian mirror into which Beauvoir still looks in the vain hope of discovering a disembodied self as the (Cartesian) subject of an impossible kind of liberation.The first among these poisoned gifts is Sartre’s idea of the individual as pure freedom and project. Merleau-Ponty’s criticism is well-known: Sartre draws a picture of the world as containing no more than ‘human beings and things’, thus denying any substance to social relations, institutions and culture. The second is Sartre’s reconstruction of dialectics, understood as a dialectic without a synthesis. This view of dialectics is an enlightening tool when used to describe conflicts. It may account for the emergence of the ‘other’ as what is excluded. However, it becomes a boomerang when used to interpret any relationship, leading to equate inter-subjectivity with conflict. Suggestions coming from Merleau-Ponty’s phenomenological approach would tend to admit that the bodily dimension as such has a positive value, and hence the feminine bodily dimension is not just indifferent, but instead gives women a point of view on the world different from the male point of view. These suggestions, yet, are evoked here and there but never fully spelt out. The most shocking consequence of acceptance of the Cartesian or Sartrean dualist view is an almost total de-evaluation of sexuality, understood as an activity involving just one tiny part of the human body, going with the idea that overcoming the oppression of women implies understressing biological differences that are after all tiny and devoid of value. Furthermore, Beauvoir falls back into the trap of grounding claims of equality between men and women on the assumption that physical differences are of limited relevance. The eventual reason for such step back is the distorting Cartesian mirror into which Beauvoir still looks in the vain hope of discovering a disembodied self as the (Cartesian) subject of an impossible kind of liberation. -/- . (shrink)