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Olsaretti, Serena. Freedom, Force and Choice: Against the Rights-Based Definition of Voluntariness
1998, Journal of Political Philosophy 6(1): 53-78.
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Added by: Carl Fox
Introduction: This paper argues that a moralised definition of voluntariness, alongside the more familiar moralised definition of freedom, underlies libertarian justifications of the unbridled market. Through an analysis of Nozick's account of voluntary choice, I intend to reveal some fatal mistakes, and to put forward some suggestions regarding what a satisfactory account of voluntary choice requires.
Comment: Offers a number of influential criticisms of Nozickian libertarianism and goes on to lay out the basis for Olsaretti's own influential account of voluntariness. Would make a good required reading or further reading.
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Olsaretti, Serena. The Concept of Voluntariness – A Reply
2008, Journal of Political Philosophy 16(1): 165-188.
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Added by: Carl Fox
Abstract: In his paper on 'The Concept of Voluntariness', Ben Colburn helpfully takes up the task of developing my view about the sense of voluntariness that is relevant for judgments of substantive responsibility, or judgments about individuals' liability to pick up some costs of their choices. On my view, a necessary condition for holding people responsible for their choices is that those choices be voluntary in the sense that they are not made because there is no acceptable alternative, where the standard for the acceptability of options is an objective standard of well-being. [...] Colburn's first point is entirely well-taken. By way of endorsing it, I ask whether we are justified in taking some but not all kinds of beliefs to affect the voluntariness of choice, as his elaboration of my view suggests. However, I find Colburn's second point less convincing, and argue that we should allow for the moral character of options to affect the voluntariness of choice.
Comment: Short debate article responding to some criticisms of Olsaretti's account of voluntariness made by Ben Colburn and probably best read in conjunction with Colburn's article. Does a good job of responding to the criticisms and explaining her account. Good further reading for teaching about voluntariness and autonomy.
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Oshana, Mariana. Autonomy and the Partial-Birth Abortion Act
2011, Journal of Social Philosophy, 42 (1): 46-60.
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Added by: Rochelle DuFord
Summary: In this paper, Oshana argues that the U.S. Supreme Court's decision to affirm the Partial-Birth Abortion Act was mistaken. She claims that the Partial-Birth Abortion Act cannot withstand the test of strict scrutiny, that the Act fails to respect the privacy rights of individuals, and that there are compelling reasons (based in autonomy) to allow partial-birth abortion up until the point of fetal viability. As such, she claims, the Act violates the integrity of law.
Comment: This text would be excellent to use in a course focused on abortion, any course that covers the suite of U.S. Supreme Court cases involving the right to privacy, or a course that wishes to discuss and apply the doctrine of strict scrutiny. While it requires a significant amount of background knowledge (concerning the legislative history on abortion in the United States), it provides an excellent example of applying both the principle of autonomy and the principle of strict scrutiny.
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Oshana, Marina. Personal Autonomy and Society
1998, Journal of Social Philosophy 29(1): 81–102.
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Added by: Simon Fokt
Content: Oshana argues against 'internalist' theories of autonomy that focus exclusively on psychological conditions internal to the agent - what goes on inside her head - and suggests instead that certain social relations must obtain between the agent and those around her for genuine autonomy to be possible.
Comment: Oshana argues that personal autonomy is a socio-relational phenomenon partially constructed by external, social relations. She also offers an interesting and detailed critique of internalist accounts, which makes the text very useful in teaching on autonomy and free will in general. The text is best used as a further reading in undergraduate and a more central required reading in postgraduate teaching. It offers a good synopsis of Gerald Dworkin's influential conception of autonomy.
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Paine, Lynn S.. Managing for Organizational Integrity
1994, Harvard Business Review 72 (2):106-117.
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Abstract: An integrity-based approach to ethics management combines a concern for the law with an emphasis on managerial responsibility for ethical behavior. Though integrity strategies may vary in design and scope, all strive to define companies' guiding values, aspirations, and patterns of thought and conduct. When integrated into the day-to-day operations of an organization, such strategies can help prevent damaging ethical lapses while tapping into powerful human impulses for moral thought and action. Then an ethical framework becomes no longer a burdensome constraint within which companies must operate, but the governing ethos of an organization.
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Palmer, Clare. Killing Animals in Animal Shelters
2006, In: Killing Animals, edited by The Animal Studies Group. Champaign: Illinois University Press.
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Added by: Rochelle DuFord
Summary: In this article, Palmer provides a clear survey of positions on killing domestic animals (cats and dogs) in animal shelters. She argues that there are three ways of understanding the killing that occurs in animal shelters: consequentialism, rights based, and relation based. She considers the relationship of humans and domesticated animals that leads to their killing in animal shelters as well as providing an ethical assessment of the practice.
Comment: This text is a clear introduction to the ethical issues involved in keeping 'pets' or 'companion animals.' It would serve as a clear introduction to the problem of 'painless killing' in a course on ethics of killing, environmental ethics, or animal ethics.
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Paul, L. A.. What You Can’t Expect When You’re Expecting
2015, Res Philosophica 92 (2):1-23 (2015)
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Added by: Andrea Blomqvist
Abstract: It seems natural to choose whether to have a child by reflecting on what it would be like to actually have a child. I argue that this natural approach fails. If you choose to become a parent, and your choice is based on projections about what you think it would be like for you to have a child, your choice is not rational. If you choose to remain childless, and your choice is based upon projections about what you think it would be like for you to have a child, your choice is not rational. This suggests we should reject our ordinary conception of how to make this life-changing decision, and raises general questions about how to rationally approach important life choices.
Comment: Good to use as a shorter introductory reading to L.A. Paul's work and how to make decisions about life choices. It could be used in a module on decision making, or imagination.
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Paul, L.A.. Transformative Experience
2014, Oxford University Press
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Added by: Andrea Blomqvist
Abstract: How should we make choices when we know so little about our futures? L. A. Paul argues that we must view life decisions as choices to make discoveries about the nature of experience. Her account of transformative experience holds that part of the value of living authentically is to experience our lives and preferences in whatever ways they evolve.
Comment: This book raises interesting issues regarding imagination and how far we can imagine experiences, as well as ethics and decision making. It could be the basis for a whole module on the topic, or particular chapters could be discussed e.g. in relation to decision-making.
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Peetush, Ashwani Kumar, Drydyk, Jay. Human Rights: India and the West
2015, Oxford University Press.
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Added by: Clotilde Torregrossa, Contributed by: Ashwani Kumar Peetush
Publisher's Note: The question of how to arrive at a consensus on human rights norm in a diverse, pluralistic, and interconnected global environment is critical. This volume is a contribution to an intercultural understanding of human rights in the context of India and its relationship to the West. The legitimacy of the global legal, economic, and political order is increasingly premised on the discourse of international human rights. Yet the United Nations' Declaration of Human Rights developed with little or no consultation from non-Western nations such as India. In response, there has developed an extensive literature and cross-cultural analysis of human rights in the areas of African, East-Asian, and Islamic studies, yet there is a comparative dearth of conceptual research relating to India. As problematically, there is an lacuna in the previous literature; it simply stops short at analyzing how Western understandings of human rights may be supported from within various non-Western cultural self-understandings; yet, surely, there is more to this issue. The chapters in this collection pioneer a distinct approach that takes such deliberation to a further level by examining what it is that the West itself may have to learn from various Indian articulations of human rights as well.
Comment: The subject of human rights in a pluralistic world is critical. Drawing on the vast traditions of India and the West, this volume is unique in providing interdisciplinary essays that range from theoretical, philosophical, normative, social, legal, and olitical issues in the conceptualization and application of a truly global understanding of human rights. While previous literature stops short at asking how Western understandings may be articulated in non-Western cultures, the essays here urthermore examine what the West may have to learn from Indian understandings.
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Peter, Elizabeth, Liaschenko, Joan. Moral Distress Reexamined: A Feminist Interpretation of Nurses’ Identities, Relationships, and Responsibilites
2013, The Journal of Bioethical Inquiry. 10: 337–345.
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Added by: Chris Blake-Turner
Abstract: Moral distress has been written about extensively in nursing and other fields. Often, however, it has not been used with much theoretical depth. This paper focuses on theorizing moral distress using feminist ethics, particularly the work of Margaret Urban Walker and Hilde Lindemann. Incorporating empirical findings, we argue that moral distress is the response to constraints experienced by nurses to their moral identities, responsibilities, and relationships. We recommend that health professionals get assistance in accounting for and communicating their values and responsibilities in situations of moral distress. We also discuss the importance of nurses creating “counterstories” of their work as knowledgeable and trustworthy professionals to repair their damaged moral identities, and, finally, we recommend that efforts toward shifting the goal of health care away from the prolongation of life at all costs to the relief of suffering to diminish the moral distress that is a common response to aggressive care at end-of-life.
Comment (from this Blueprint): Moral distress is, roughly, when a healthcare worker is institutionally constrained to act against their best moral judgement. A typical example is a nurse being prevented from giving care they deem morally required because they are hierarchically constrained by the orders of a physician. Moral distress has been much discussed in nursing ethics, but is almost entirely absent from broader bioethics syllabi and conversations. This paper examines moral distress through a lens of feminist care ethics. In doing so, it draws lessons that apply very broadly throughout professional ethics.
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Powys Whyte, Kyle, Cuomo, Chris. Ethics of Caring in Environmental Ethics: Indigenous and Feminist Philosophies
2016, In The Oxford Handbok of Environmental Ethics, Stephen Gardiner and Allen Thompson (eds.), OUP
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Added by: Sonja Dobroski and Quentin Pharr
Abstract: Indigenous ethics and feminist care ethics offer a range of related ideas and tools for environmental ethics. These ethics delve into deep connections and moral commitments between nonhumans and humans to guide ethical forms of environmental decision making and environmental science. Indigenous and feminist movements such as the Mother Earth Water Walk and the Green Belt Movement are ongoing examples of the effectiveness of on-the-ground environmental care ethics. Indigenous ethics highlight attentive caring for the intertwined needs of humans and nonhumans within interdependent communities. Feminist environmental care ethics emphasize the importance of empowering communities to care for themselves and the social and ecological communities in which their lives and interests are interwoven. The gendered, feminist, historical, and anticolonial dimensions of care ethics, indigenous ethics, and other related approaches provide rich ground for rethinking and reclaiming the nature and depth of diverse relationships as the fabric of social and ecological being.
Comment: available in this Blueprint
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Priest, Maura. Transgender Children and the Right to Transition: Medical Ethics When Parents Mean Well but Cause Harm
2019, The American Journal of Bioethics. 19 (2): 45-59.
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Added by: Chris Blake-Turner
Abstract: In this article, I argue that (1) transgender adolescents should have the legal right to access puberty-blocking treatment (PBT) without parental approval, and (2) the state has a role to play in publicizing information about gender dysphoria. Not only are transgender children harmed psychologically and physically via lack of access to PBT, but PBT is the established standard of care. Given that we generally think that parental authority should not go so far as to (1) severally and permanently harm a child and (2) prevent a child from access to standard physical care, then it follows that parental authority should not encompass denying gender-dysphoric children access to PBT. Moreover, transgender children without supportive parents cannot be helped without access to health care clinics and counseling to facilitate the transition. Hence there is an additional duty of the state to help facilitate sharing this information with vulnerable teens.
Comment (from this Blueprint): Priest argues that the state should provide puberty-blocking treatment (PBT) for trans youth, even if their parents are not supportive. Priest’s argument is important partly because it avoids the issue of whether adolescents and children can give properly informed consent. This is a point that some of Priest’s critics seem to have missed (see, for example, Laidlaw et al. 2019. “The Right to Best Care for Children Does Not Include the Right to Medical Transition”, and Harris et al. 2019. “Decision Making and the Long-Term Impact of Puberty Blockade in Transgender Children”). Priest’s conclusion is founded instead on a principle of harm avoidance.
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Purdy, Laura. Are Pregnant Women Fetal Containers?
1990, Bioethics 4(4): 273–291.
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Added by: Carl Fox
Content: Purdy offers a strong argument against overriding the decisions of pregnant women and tries to reconcile the significance of the dependence of the fetus on the mother with the mother's right to control her own body.
Comment: Very useful as introductory or further reading on reproductive rights and/or abortion.
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Purdy, Laura M.. Genetics and reproductive risk : Can having children be immoral?
2010, In Craig Hanks (ed.), Technology and Values: Essential Readings. Wiley-Blackwell.
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Abstract: Is it morally permissible for me to have children? 1A decision to procreate is surely one of the most significant decisions a person can make. So it would seem that it ought not to be made without some moral soul-searching. There are many reasons why one might hesitate to bring children into this world if one is concerned about their welfare. Some are rather general, like the deteriorating environment or the prospect of poverty. Others have a narrower focus, like continuing civil war in Ireland, or the lack of essential social support for childrearing persons in the United States. Still others may be relevant only to individuals at risk of passing harmful diseases to their offspring. There are many causes of misery in this world, and most of them are unrelated to genetic disease. In the general scheme of things, human misery is most efficiently reduced by concentrating on noxious social and political arrangements. Nonetheless, we shouldn't ignore preventable harm just because it is confined to a relatively small corner of life. So the question arises: can it be wrong to have a child because of genetic risk factors?2Unsurprisingly, most of the debate about this issue has focused on prenatal screening and abortion: much useful information about a given fetus can be made available by recourse to prenatal testing. This fact has meant that moral questions about reproduction have become entwined with abortion politics, to the detriment of both. The abortion connection has made it especially difficult to think about whether it is wrong to Prevent a child from coming into being since doing so might involve what many people see as wrongful killing; yet there is no necessary link between the two. Clearly, the existence of genetically compromised children can be prevented not only by aborting already existing fetuses but also by preventing conception in the first place. Worse yet, many discussions simply assume a particular view of abortion, without any recognition of other possible positions and the difference they make in how people understand the issues. For example, those who object to aborting fetuses with genetic problems often argue that doing so would undermine our conviction that all humans are in some important senseequal.3 However, this position rests on the assumption that conception marks the point at which humans are endowed with a right to life. So aborting fetuses with genetic problems looks morally the same as killing "imperfect" people without their consent. This position raises two separate issues. One pertains to the legitimacy of different views on abortion. Despite the conviction of many abortion activists to the contrary, I believe that ethically respectable views can be found on different sides of the debate, including one that sees fetuses as developing humans without any serious moral claim on continued life. There is no space here to address the details, and doing so would be once again to fall into the trap of letting the abortion question swallow up all others. Fortunately, this issue need not be resolved here. However, opponents of abortion need to face the fact that many thoughtful individuals do not see fetuses as moral persons. It follows that their reasoning process and hence the implications of their decisions are radically different from those envisioned by opponents of prenatal screening and abortion. So where the latter see genetic abortion as murdering people who just don't mea-sure up, the former see it as a way to prevent the development of persons who are more likely to live miserable lives. This is consistent with a worldview that values persons equally and holds that each deserves high quality life. Some of those who object to genetic abortion appear to be oblivious to these psychological and logical facts. It follows that the nightmare scenarios they paint for us are beside the point: many people simply do not share the assumptions that make them plausible. How are these points relevant to my discussion? My primary concern here is to argue that conception can sometimes be morally wrong on grounds of genetic risk, although this judgment will not apply to those who accept the moral legitimacy of abortion and are willing to employ pre-natal screening and selective abortion. If my case is solid, then those who oppose abortion must be especially careful not to conceive in certain cases, as they are, of course, free to follow their conscrence about abortion. Those like myself who do not see abortion as murder have more ways to prevent birth.
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Purdy, Laura M.. Reproducing Persons: Issues in Feminist Bioethics
1996, Cornell University Press.
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Publisher's Note: Controversies about abortion and women's reproductive technologies often seem to reflect personal experience, religious commitment, or emotional response. Laura M. Purdy believes, however, that coherent ethical principles are implicit in these controversies and that feminist bioethics can help clarify the conflicts of interest which often figure in human reproduction. As she defines the underlying issues, Purdy emphasizes the importance of taking women's interests fully into account. Reproducing Persons first explores the rights and duties connected with conception and pregnancy. Purdy asks whether conceiving a child or taking a pregnancy to term can ever be morally wrong. She challenges the thinking of those who feel the prospect of disability or serious genetic disease should not constrain conception or justify abortion. The essays next look at abortion from a variety of angles. One contends that killing fetuses is not murder; others emphasize the moral importance of access to abortion. Purdy considers the conflicting interests of women and men regarding abortion, and argues against requiring a husband's consent. The book concludes with a consideration of new reproductive technologies and arrangements, including the controversial issue of surrogacy, or contract pregnancy. Throughout, Purdy combines traditional utilitarianism with some of the most powerful insights of contemporary feminist ethics. Her provocative essays create guidelines for approaching new topics and inspire fresh thinking about old ones.
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