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Brownlee, Kimberley. Conscience and Conviction: The Case for Civil Disobedience
2012, Oxford: Oxford University Press.
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Added by: Carl Fox
Publisher’s Note:

This book shows that civil disobedience is more defensible than private conscientious objection. Part I distinguishes conviction from conscience, shedding light on the former as something non-evasive and communicative, and on the latter as something much richer, namely, genuine moral responsiveness. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private ‘conscientious’ objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished.

Comment: An original approach to the morality of civil disobedience and the question of what protections should be enshrined in law for adherence to the dictates of one's conscience. Particularly interesting because the author argues that a stronger case can be made for permitting and protecting public civil disobedience than can be made for private conscientious objection. This text would be useful in a variety of teaching contexts. For example, a high-level undergraduate or master's level course on activism and resistance might utilise Part I to explore the specifically moral arguments defending civil disobedience, while philosophy of law courses might focus on the legal arguments in Part II. For a reading group or lower-level undergraduate courses, the introduction defines basic terms and offers a more entry-level discussion of the traditional liberal view of civil disobedience.

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Jackson, Jennifer. Ethics in medicine: Virtue, Vice and Medicine
2006, Cambridge: Polity.
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Publisher’s Note: Publisher: How, in a secular world, should we resolve ethically controversial and troubling issues relating to health care? Should we, as some argue, make a clean sweep, getting rid of the Hippocratic ethic, such vestiges of it as remain? Jennifer Jackson seeks to answer these significant questions, establishing new foundations for a traditional and secular ethic which would not require a radical and problematic overhaul of the old. These new foundations rest on familiar observations of human nature and human needs. Jackson presents morality as a loose anatomy of constituent virtues that are related in different ways to how we fare in life, and suggests that in order to address problems in medical ethics, a virtues–based approach is needed. Throughout, attention is paid to the role of philosophy in medical ethics, and how it can be used to clarify key notions and distinctions that underlie current debates and controversial issues. By reinstating such concepts as justice, cardinal virtue, and moral duty, Jackson lays the groundwork for an ethics of health care that makes headway toward resolving seeming dilemmas in medical ethics today. This penetrating and accessible book will be invaluable to students of sociology and health care, as well as those who are interested in the ethical uncertainties faced by the medical world.

Comment: Particularly useful in teaching is Chapter 10 which discusses abortion, reviewing arguments made by J.J. Thompson and M. Tooley, and enquiring into what makes killing wrong. Chapter 9 looks at distributive justice in medicine, reviewing some problematic cases and distinguishing between bad luck and injustice. Chapter 5 treats on conscientious objection and issues related to toleration and imposition of values.

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Kantymir, Lori, Carolyn McLeod. Justification for Conscience Exemptions in Health Care
2013, Bioethics 28 (1): 16-23.
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Added by: Rochelle DuFord
Abstract: Some bioethicists argue that conscientious objectors in health care should have to justify themselves, just as objectors in the military do. They should have to provide reasons that explain why they should be exempt from offering the services that they find offensive. There are two versions of this view in the literature, each giving different standards of justification. We show these views are each either too permissive (i.e. would result in problematic exemptions based on conscience) or too restrictive (i.e. would produce problematic denials of exemption). We then develop a middle ground position that we believe better combines respect for the conscience of healthcare professionals with concern for the duties that they owe to patients. Our claim, in short, is that insofar as objectors should have to justify themselves, they should have to do it according to the standard that we defend rather than according to the standards that others have developed.

Comment: This text responds to two proposals for justifying concientious objection in the provision of health care services: genuineness and reasonableness. It would fit well within a course on medical ethics or bioethics. It also would fit well within a more general course on professional ethics, as it concerns the question of when a professional is able to justify the omission of an action that they are bound by professional duty to complete.

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