Abstract: Inevitably a policy-oriented report on issues as complex and as rapidly changing as the medical and scientific uses of human tissue can achieve neither philosophical purity nor regulatory completeness. The council’s strategy has been to begin with robust ethical principles, for which sound philosophical arguments can be given, which will (it is hoped) command widespread support. The council went on to argue for guidelines of sufficient, but not vapid, generality which could be of practical use to the various medical intermediaries, professional and regulatory bodies and research ethics committees which will carry out the tasks of detailed regulation and of making decisions that affect uses of human tissue. The council’s hope is that the recommendations of the report can be absorbed into regulatory and professional practice, and where needed into government policy. If they can, the increasing diversity of uses of human tissues need lead neither to overt nor to covert ‘commercialisation of the human body’, but will also not put unnecessary restrictions on advances in research and medical practice.
Responsibility and Global Justice: A Social Connection Model
Abstract: The essay theorizes the responsibilities moral agents may be said to have in relation to global structural social processes that have unjust consequences. How ought moral agents, whether individual or institutional, conceptualize their responsibilities in relation to global injustice? I propose a model of responsibility from social connection as an interpretation of obligations of justice arising from structural social processes. I use the example of justice in transnational processes of production, distribution and marketing of clothing to illustrate operations of structural social processes that extend widely across regions of the world. The social connection model of responsibility says that all agents who contribute by their actions to the structural processes that produce injustice have responsibilities to work to remedy these injustices. I distinguish this model from a more standard model of responsibility, which I call a liability model. I specify five features of the social connection model of responsibility that distinguish it from the liability model: it does not isolate perpetrators; it judges background conditions of action; it is more forward looking than backward looking; its responsibility is essentially shared; and it can be discharged only through collective action. The final section of the essay begins to articulate parameters of reasoning that agents can use for thinking about their own action in relation to structural injustice
Justification for Conscience Exemptions in Health Care
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.
Reparations and Racial Inequality
Abstract: A recent development in philosophical scholarship on reparations for black chattel slavery and Jim Crow segregation is reliance upon social science in normative arguments for reparations. Although there are certainly positive things to be said in favor of an empirically informed normative argument for black reparations, given the depth of empirical disagreement about the causes of persistent racial inequalities, and the ethos of ‘post-racial’ America, the strongest normative argument for reparations may be one that goes through irrespective of how we ultimately explain the causes of racial inequalities. By illuminating the interplay between normative political philosophy and social scientific explanations of racial inequality in the prevailing corrective justice argument for black reparations, I shall explain why an alternative normative argument, which is not tethered to a particular empirical explanation of racial inequality, may be more appealing.
Heterosexual Privilege: The Political and the Personal
Abstract: In this essay, Feigenbaum examines heterosexism as it functions politically and interpersonally in her own experience. She loosely traces her analysis along the current political climate of the bans on same-sex marriages, using this discussion to introduce and illustrate how heterosexual dominance functions. The author aims throughout to clarify what heterosexism looks like “in action,” and she moves toward providing steps to recognize, name, interrupt, and counter heterosexist privilege.
Care, Domination, and Representation
Abstract: Some photographs, more than mere representations, are ethical commands, calling us to respond to human suffering. Photos of Abu Graib, like iconic photos of Vietnam, called us to a posture of care, and confronted us with ourselves, with our national domination, and with how we represent ourselves to the world. This article, drawing on Kittay (1999), Butler (2004), and Levinas (1961, 1974, 1985), attempts to untangle the relation among care, domination, and representation. Implications for philosophers and journalists are suggested.
Alternative Visions of a New Global Order: What Should Cosmopolitans Hope For?
Abstract: In this essay, I analyze the cosmopolitan project for a new international order that Habermas has articulated in recent publications. I argue that his presentation of the project oscillates between two models. The first is a very ambitious model for a future international order geared to fulfill the peace and human rights goals of the UN Charter. The second is a minimalist model, in which the obligation to protect human rights by the international community is circumscribed to the negative duty of preventing wars of aggression and massive human rights violations due to armed conflicts such as ethnic cleansing or genocide. According to this model, any more ambitious goals should be left to a global domestic politics, which would have to come about through negotiated compromises among domesticated major powers at the transnational level. I defend the ambitious model by arguing that there is no basis for drawing a normatively significant distinction between massive human rights violations due to armed conflicts and those due to regulations of the global economic order. I conclude that the cosmopolitan goals of the Habermasian project can only be achieved if the principles of transnational justice recognized by the international community are ambitious enough to cover economic justice.
Accountability and Global Governance: Challenging the State-Centric Conception of Human Rights
Abstract: In this essay I analyze some conceptual difficulties associated with the demand that global institutions be made more democratically accountable. In the absence of a world state, it may seem inconsistent to insist that global institutions be accountable to all those subject to their decisions while also insisting that the members of these institutions, as representatives of states, simultaneously remain accountable to the citizens of their own countries for the special responsibilities they have towards them. This difficulty seems insurmountable in light of the widespread acceptance of a state-centric conception of human rights, according to which states and only states bear primary responsibility for the protection of their citizens’ rights. Against this conception, I argue that in light of the current structures of global governance the monistic ascription of human rights obligations to states is no longer plausible. Under current conditions, states are bound to fail in their ability to protect the human rights of their citizens whenever potential violations either stem from transnational regulations or are perpetrated by non-state actors. In order to show the plausibility of an alternative, pluralist conception of human rights obligations I turn to the current debate among scholars of international law regarding the human rights obligations of non-state actors. I document the various ways in which these obligations could be legally entrenched in global financial institutions such as the WTO, the IMF and the World Bank. These examples indicate feasible methods for strengthening the democratic accountability of these institutions while also respecting the accountability that participating member states owe to their own citizens. I conclude that, once the distinctions between the obligations to respect, protect and fulfill human rights are taken into account, no conceptual difficulty remains in holding states and non-state actors accountable for their respective human rights obligations.
The Logical Case for “Wrongful Life”
Summary: In this article, Steinbock solves the logical problem with torts based on wrongful life. She argues that a wrongful life suit need not show that it would have been better for the infant to have never been born, but merely that the infant is impaired to such a degree that the infant has no capacity for fulfilling even very basic human interests. She claims that this criteria is capable of serving as the basis for a tort claim concerning the recovery of extraordinary medical care and specialized training.
Speciesism and the Idea of Equality
Abstract: Most of us believe that we are entitled to treat members of other species in ways which would be considered wrong if inflicted on members of our own species. We kill them for food, keep them confined, use them in painful experiments. The moral philosopher has to ask what relevant difference justifies this difference in treatment. A look at this question will lead us to re-examine the distinctions which we have assumed make a moral difference.