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.
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.
One Child: Do We Have a Right to More?
Summary: A compelling argument for the morality of limitations on procreation in lessening the harmful environmental effects of unchecked population. We live in a world where a burgeoning global population has started to have a major and destructive environmental impact. The results, including climate change and the struggle for limited resources, appear to be inevitable aspects of a difficult future. Mandatory population control might be a possible last resort to combat this problem, but is also a potentially immoral and undesirable violation of human rights. Since so many view procreation as an essential component of the right to personal happiness and autonomy, the dominant view remains that the government does not have the right to impose these restrictions on its own citizens, for the sake of future people who have yet to exist. Sarah Conly is first to make the contentious argument that not only is it wrong to have more than one child in the face of such concerns, we do not even retain the right to do so. In One Child, Conly argues that autonomy and personal rights are not unlimited, especially if one’s body may cause harm to anyone, and that the government has a moral obligation to protect both current and future citizens. Conly gives readers a thought-provoking and accessible exposure to the problem of population growth and develops a credible view of what our moral obligations really are, to generations present and future.
Ecofeminist Philosophy: A Western Perspective on What It Is and Why It Matters
Summary: A philosophical exploration of the nature, scope, and significance of ecofeminist theory and practice. This book presents the key issues, concepts, and arguments which motivate and sustain ecofeminism from a western philosophical perspective.
Back Matter: How are the unjustified dominations of women and other humans connected to the unjustified domination of animals and nonhuman nature? What are the characteristics of oppressive conceptual frameworks and systems of unjustified domination? How does an ecofeminist perspective help one understand issues of environmental and social justice? In this important new work, Karen J. Warren answers these and other questions from a Western perspective. Warren looks at the variety of positions in ecofeminism, the distinctive nature of ecofeminist philosophy, ecofeminism as an ecological position, and other aspects of the movement to reveal its significance to both understanding and creatively changing patriarchal (and other) systems of unjustified domination.
Autonomy and the Partial-Birth Abortion Act
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.
Reproductive and Parental Autonomy: An Argument for Compulsory Education
Abstract: In this paper we argue that society should make available reliable information about parenting to everybody from an early age. The reason why parental education is important (when offered in a comprehensive and systematic way) is that it can help young people understand better the responsibilities associated with reproduction, and the skills required for parenting. This would allow them to make more informed life-choices about reproduction and parenting, and exercise their autonomy with respect to these choices. We do not believe that parental education would constitute a limitation of individual freedom. Rather, the acquisition of relevant information about reproduction and parenting and the acquisition of self-knowledge with respect to reproductive and parenting choices can help give shape to individual life plans. We make a case for compulsory parental education on the basis of the need to respect and enhance individual reproductive and parental autonomy within a culture that presents contradictory attitudes towards reproduction and where decisions about whether to become a parent are subject to significant pressure and scrutiny.
On the Moral and Legal Status of Abortion
Summary: This paper is a response to Thomson’s influential defense of abortion. Warren argues that Thomson is mistaken that if a fetus has full moral rights, then abortion is still morally permissible. Warren, instead, argues that while fetuses participate in genetic humanity, they do not participate in the category of personhood (the category which defines the moral community). For this reason, abortion is always morally permissible and thus ought to be legally permissible.
The Right to Parent and Duties Concerning Future Generations
Several philosophers argue that individuals have an interest-protecting right to parent; specifically, the interest is in rearing children whom one can parent adequately. If such a right exists it can provide a solution to scepticism about duties of justice concerning distant future generations and bypass the challenge provided by the non-identity problem. Current children – whose identity is independent from environment-affecting decisions of current adults – will have, in due course, a right to parent. Adequate parenting requires resources. We owe duties of justice to current children, including the satisfaction of their interest-protecting rights; therefore we owe them the conditions for rearing children adequately in the future. But to engage in permissible parenting they, too, will need sufficient resources to ensure their own children’s future ability to bring up children under adequate conditions. Because this reasoning goes on ad infinitum it entails that each generation of adults owes its contemporary generation of children at least those resources that are necessary for sustaining human life indefinitely at an adequate level of wellbeing.
How to Make Citizens Behave: Social Psychology, Liberal Virtues, and Social Norms
Abstract: It is widely conceded by liberals that institutions alone are insufficient to ensure that citizens behave in the ways required for a liberal state to flourish, be stable, or function at all. A popular solution proposes cultivating virtues in order to secure the desired behaviours of citizens, where institutions alone would not suffice. A range of virtues are proposed to fill a variety of purported gaps in the liberal political order. Some appeal to virtues in order to secure state stability; Rawls, for instance, claims that ‘citizens must have a sense of justice and the political virtues that support political and social institutions’ in order to ensure an ‘enduring society’. For Galston, citizens must possess a range of virtues in order for the state to function, including the virtues of courage, independence, tolerance, willingness to engage in public discourse, and law-abidingness.