The effects of the late civil strife have been to free the slave and make him a citizen. Yet he is not possessed of the civil rights which citizenship should carry with it. This is wrong, and should be corrected. To this correction I stand committed, so far as Executive influence can avail.

The cynical view, as expressed by the President's supporters (Buchanan, Buckley, et al.), is that no new issue of principle is raised by these disclosures. Everyone does it all the time. Nixon and his cohorts were simply unlucky enough to be caught. Those who are "out to get the President" are hypocrites. The practices are general and the President's tormentors are motivated solely by their own narrow political interests.

George W. Bush is not only America’s president, but also its most prominent moralist. No other president in living memory has spoken so often about good and evil, right and wrong. […] But in what moral truths does the president believe? Considering how much the president says about ethics, it is surprising how little serious discussion there has been of the moral philosophy of George W. Bush.

The objective of this article is to contribute towards a fuller critical understanding of gender relations/politics in mid-19th-century Spanish America. Its aim is to provide an account of the relationship Mexican President General Antonio López de Santa Anna established with his two wives. This study is particularly concerned with the representative value of Santa Anna's case in terms of 19th-century gender relations and the macho stereotype of the caudillo. Do Santa Anna's marital and extra-marital relationships confirm or question traditional (...) views on the position of women in Spanish America following the achievement of Independence? Do they conform with the ‘rock-star’ lifestyle generally attributed to the early 19th-century caudillo? A key aim of this study is to test the extent to which the relatively recent claim that women were more independent and influential than had been previously noted is borne out by case-studies of the women who shared their lives with the promiscuous six-times president Santa Anna. (shrink)

Tulis’s critique of popular presidential leadership raises several questions about public opinion: Do modern, rhetorically inclined presidents influence the public? What types of presidential rhetoric might, in principle, mislead or manipulate the public? And is the net result that the people are led into error and distortion in their policy opinions? The public‐opinion literature, which has assiduously documented the public’s ignorance about politics and policy, might seem, at first glance, to offer grounds for an unequivocal “yes” to the third question. (...) But most scholars of public opinion discount public ignorance and defend an optimistic view of the citizenry’s political competence. The more convincing arguments and evidence, however, support more critical views. There is ample reason to worry about the consequences of policy making driven by popular rhetoric, and thus to consider whether any remedies for plebiscitary democracy might be found. (shrink)

This paper argues, contrary to what has sometimes been claimed, that public commissions need to be more philosophical than they have been in analyzing crucial bioethical issues. It argues (a) that the failure of the President's Commission to develop and use even simple distinctions between life and personhood led to flaws in both its discussion of death and its discussion of persistent vegetative patients, and (b) that its treatment of access to health care fails to develop a coherent approach (...) precisely because it is based on no serious philosophical reflections about justice in health care. Keywords: justice in health care, life, persistent vegetative patients, personhood, President's Commission on Bioethics CiteULike Connotea Del.icio.us What's this? (shrink)

To find more information on Rowman & Littlefield titles, please visit us at www.rowmanlittlefield.com.

In lieu of an abstract, here is a brief excerpt of the content:News from the President’s Council on BioethicsF. Daniel Davis (bio) and Diane M. Gianelli (bio)As most readers of this column already know, the President's Council on Bioethics went through a major transition during the past year when Leon Kass—in October 2005—handed the chairman's gavel over to Georgetown University's Edmund Pellegrino. Dr. Kass has remained on the Council as a member.1When the gavel change took place, the Council's (...) phone started ringing. Everyone wanted to know the same thing: What topics would the Council take up this term? Dr. Pellegrino's answer was always the same: The Council's agenda would be established through a consultative process with the members themselves and with an eye to those problems and controversies in bioethics to which we, as a body, can make a contribution.Taking its cue from the list of potential topics suggested by members, the Council—over the course of the next several meetings—listened to experts on such topics as children and bioethics (with a focus on children in clinical research), organ transplantation, and that oft-cited-but-hard-to-define concept, "human dignity."The latter topic entered the arena of discussion because it is a concept that is cited frequently in the bioethics literature, and it is also one that has figured prominently in Council discussions and documents. Although the concept is widely invoked, there is no universal understanding of what it means, and it is not easy to encapsulate into a one-size-fits-all definition. Indeed, some critics maintain that appeals to human dignity are fig leaves used to camouflage unconvincing arguments. So between December 2005 and April 2006, the Council devoted several sessions to various perspectives on "human dignity: its meaning, its foundations, and its relevance to bioethics." After hearing from James Childress, Patricia Churchland, Daniel Sulmasy, and Paul Weithman2 on the topic, the Council decided to issue a volume of approximately 20 essays, some by Council members and others by scholars from a variety of relevant disciplines.3 The volume is expected to encompass a broad array of opinion on the topic of human dignity and is scheduled to be published next spring."Children" were also the focus of several sessions during the past year. The Council's last report addressed care giving for the elderly.4 After it was issued, several members suggested it was time to focus on the youngest members of [End Page 375] society. The challenge, of course, was to find a topic that was both timely and relevant—and one about which the Council was uniquely qualified to make a contribution. A number of experts in a variety of related fields testified before the Council about possible issues it could explore: newborn screening for genetic disorders; decision-making standards for those who lack capacity; ethical issues in neonatal and pediatric intensive care; pharmacology and psychiatric disorders in children; and children and clinical research. In addition, a number of groups and individuals involved in related topics met with staff to discuss their interests and concerns.This exploratory engagement with facets of the broad topic of children and bioethics led the Council to focus, more narrowly, on a cluster of issues concerning newborn screening for genetic disorders—a topic on which it is likely that the Council will issue a white paper, possibly by next summer. The stimulus for this particular focus has been the American College of Medical Genetics's recommendation that all newborns in the U.S. be screened for a panel of 29 disorders.5 Currently, each state decides for its residents which conditions are subject to mandated screening, so it is possible to get early diagnoses of treatable disorders in one geographical area but not in another. Proponents of screening find the federal approach to mandated screening more equitable. Potential ethical problems, however, exist with the proposal. Some want to ensure that newborns are screened only for treatable conditions on grounds that it would be too burdensome to discover one is carrying the gene for a late-onset disease that cannot be prevented. Others want to make sure that insurance coverage for individuals and their families is... (shrink)

Such has been his administration's impact on U.S. domestic and international politics that the assembly line of criticism often resembles polemical pamphleteering rather than solid academic argument. Singer examines the Bush administration on its own terms.

The report of the President's Council on Bioethics, Human Cloning and Human Dignity, addresses the central ethical, political, and policy issue in human embryonic stem cell research: the moral status of extracorporeal human embryos. The Council members were in sharp disagreement on this issue and essentially failed to adequately engage and respectfully acknowledge each others' deepest moral concerns, despite their stated commitment to do so. This essay provides a detailed critique of the two extreme views on the Council (i.e., (...) embryos have full moral status or they have none at all) and then gives theoretical grounding for our judgment about the intermediate moral status of embryos. It also supplies an account of how to address profound moral disagreements in the public arena, especially by way of constructing a middle ground that deliberately pays sincere respect to the views of those with whom it has deep disagreements. (shrink)

Bernard Williams; Reply to the President, Proceedings of the Aristotelian Society, Volume 90, Issue 1, 1 June 1990, Pages 167–170, https://doi.org/10.1093/arist.

This review examines issues relating to biomedical ethics and literature in the African drama The President’s Physician by Emmanuel Babatunde Omobowale. The play investigates the psychological dilemma of Doctor Bituki Warunga, a personal physician to General Kalunga Ntibantunganyah who brutally and inhumanely rules Wavaria, a fictional African country. The doctor is faced with deciding to uphold the ethics of his profession versus terminating the tyrant’s life to set the nation free. The play aims to help budding medical doctors rightly (...) inculcate the principles of medical ethics—autonomy, beneficence, competence, and power—by providing a fictional platform to investigate difficult issues that can arise in clinical practice. The play highlights Warunga’s complex dilemma as he struggles to uphold the Hippocratic Oath and at the same time satisfy his conscience towards his contribution to his country’s freedom. This review explores the difficulties in decision-making when professional duties not only clash with personal preferences but also with the well-being of an entire nation. This discussion is done alongside the ethical concept of utilitarianism and also highlights significant literary concepts such as satire, symbolism, intertextuality, utopian aesthetics, and authorial vision as conveyed in the text. (shrink)

In mid-June 2009, the Obama administration dissolved the President's Council on Bioethics (PCBE), a group established by President George W. Bush in August 2001 and whose nearly eight-year life was marked from beginning to end by controversy. While some will regret the PCBE's passing, others will regard the Council as a failed experiment in doing public bioethics.

George W. Bush is not only America’s president, but also its most prominent moralist. No other president in living memory has spoken so often about good and evil, right and wrong. His inaugural address was a call to build “a single nation of justice and opportunity.” A year later, he famously proclaimed North Korea, Iran and Iraq to be an “axis of evil,” and in contrast, he called the United States “a moral nation.” He defends his tax policy (...) in moral terms, saying that it is fair, and gives back to taxpayers what is rightfully theirs. The case he makes for free trade is “not just monetary, but moral.” Open trade is a “moral imperative.” Another “moral imperative,” he says, is alleviating hunger and poverty throughout the world. He has said that “America’s greatest economic need is higher ethical standards.” In setting out the “Bush doctrine,” which defends preemptive strikes against those who might threaten America with weapons of mass destruction, he asserted: “Moral truth is the same in every culture, in every time, and in every place.” But in what moral truths does the president believe? Considering how much the president says about ethics, it is surprising how little serious discussion there has been of the moral philosophy of George W. Bush. (shrink)

Focuses on the theory and practice of presidentialism and constitutionalism.

The president’s science advisor was formerly established in the days following the Soviet launch of Sputnik at the height of the Cold War, creating an impression of scientists at the center of presidential power. However, since that time the role of the science advisor has been far more prosaic, with a role that might be more aptly described as a coordinator of budgets and programs, and thus more closely related to the functions of the Office of Management and Budget (...) than the development of presidential policy. This role dramatically enhances the position of the scientific community to argue for its share of federal expenditures. At the same time, scientific and technological expertise permeates every function of government policy and politics, and the science advisor is only rarely involved in wider White House decision making. The actual role of the science advisor as compared to its heady initial days, in the context of an overall rise of governmental expertise, provides ample reason to reconsider the role of the presidential science advisor, and to set our expectations for that role accordingly. (shrink)

: The President's Council on Bioethics has tried to make a distinctive contribution to the methodology of such public bodies in developing what it has styled a "richer bioethics." The Council's procedure contrasts with more modest methods of public bioethical deliberation employed by the United Kingdom's Warnock Committee. The practices of both bodies are held up against a backdrop of concerns about moral and political alienation, prompted by the limitations of moral reasoning and by moral dissent from state policy (...) under even the most democratic of governments. Although the President's Council's rhetoric is often scrupulously conciliatory, recurring features of its argumentative practice are regrettably divisive. They order these things better in Britain. (shrink)

Under Article 74 of the Constitution, for gross violation of the Constitution or breach of oath, or if it transpires that a crime has been committed, the President of the Republic may be removed from office under procedure for impeachment proceedings. In the article the content of the constitutional delict is analysed. The President of the Republic may be brought to constitutional responsibility only for the actions which he committed while in office of the President of the (...) Republic. The President of the Republic may be removed from office not for any violation of the Constitution, but only for gross violation thereof. While implementing the powers established to him in the Constitution and laws, the President of the Republic may not breach the oath. Under Article 74 of the Constitution, the President of the Republic may be removed from office “if it transpires that a crime has been committed” – this provision means that the Constitution provides for the right of the Seimas to remove the President of the Republic from office in the absence of a court judgement recognising that the President of the Republic is guilty of commission of a crime. The Constitution commissions only the Constitutional Court to establish the fact of violation of the Constitution – whether there has been a gross violation of the Constitution and breach of oath by actions of the person. The Seimas may not change or question the conclusion of the Constitutional Court. On the grounds of the conclusion of the Constitutional Court that the actions of the President of the Republic are in conflict with the Constitution, it is only the Seimas that decides whether to remove the President of the Republic from office. The removal of the President of the Republic from office under procedure of impeachment proceedings due to a suspicion that the crime has been committed is not binding upon a court of general jurisdiction which considers the criminal case. (shrink)

Focuses on the theory and practice of presidentialism and constitutionalism.

The President's Council on Bioethics has recently released a report supportive of the continued use of brain death as a criterion for human death. The Council's conclusions were based on a conception of life that stressed external work as the fundamental marker of organismic life. With respect to human life, it is spontaneous respiration in particular that indicates an ability to interact with the external environment, and so indicates the presence of life. Conversely, irreversible apnoea marks an inability to (...) carry out the necessary work of life, an inability which the Council considers an indicator of death. This conception has been conceived to circumvent criticisms of the previous model of loss of somatic integration, a model the Council admits that, in the presence of evidence of continuing functional integration in brain dead patients, was looking less than convincing. Nevertheless, by focusing on external work and ignoring the more essential work of integrative unity, the Council's conception of the nature of life is untenable, and of no assistance in supporting a relation of equivalence between the concepts of brain death and death. Consequently, the Council's conclusions do little to advance the definition of death debate, a potentially intractable debate that may necessitate the investigation of alternate ethical justifications for organ harvesting. (shrink)

Presidential pardon has always existed in criminal law and continues to constitute a very important competence of the head of state in many modern day countries. In the past, the clemency given by the sovereign represented an act which showed his/her mercy upon their subjects. It was often used as a tool to show the arbitrary will of the sovereign that constituted the law, rather than the law itself. Therefore, the classical school of criminal law that appeared in the 18th (...) century and emphasized the importance of the principle of legality, opposed harshly every kind of arbitrary deciding that excluded the law at the interest of the sovereign. This school is among the only interpretations of criminal law that engages for a complete abandonment of institutes such as pardon or amnesty. The revolutionary French Penal Code of 1791, which was strongly influenced by the classical school, excluded clemency for the proved wrongs that were severely punished. However, due to imperfections of the criminal justice system, amnesty and pardon or clemency, continue to exist and to be used in modern day criminal law. They are no longer considered acts of arbitrary decisions of the sovereign, instead they should represent important instruments of criminal law, used rarely and wisely with specifically designed goals that aim to bring justice rather than deny it. However, there are many cases when these institutes have been inappropriately used in a very arrogant way which shows that the ancient regime is not yet over for some countries in which the highest institutions continue to act as old and middle age despots. This article will analyze the legal reasoning of the institution of presidential pardon. It will try to establish why the classical school was so strictly opposed to this institute making use of the studies and interpretations found in the writings of Cesare Beccaria. It will explain the philosophy of modern day institutions of amnesty and pardon and the way in which they are regulated in the legal theory and practice. The article will explain the recent developments in Macedonia in regard to the use of presidential pardon. The methods to be used consist of desk research, historical and comparative methods and analysis of legal texts, laws and judicial decisions. (shrink)