Several methods have been reported for extracting sperm from a man after he dies or enters a persistent vegetative state. Although such sperm retrieval could be performed for nonprocreative purposes, such as research, in this paper I focus on cases involving procreative intent. Since 1980, more than ninety cases have occurred in which family members requested sperm retrieval from patients who died or were irreversibly unconscious, with the intent that a wife, girlfriend, or other woman would be inseminated. Recently, the (...) first report of pregnancy and birth following postmortem sperm retrieval appeared in the media.In these cases, death or PVS typically is caused by anoxic injuries, trauma, or rapidly progressing infections. (shrink)

For as long as humans have pondered philosophical issues, they have contemplated the good life. Yet most suggestions about how to live a good life rest on assumptions about what the good life actually is. Thomas Carson here confronts that question from a fresh perspective. Surveying the history of philosophy, he addresses first-order questions about what is good and bad as well as metaethical questions concerning value judgments. Carson considers a number of established viewpoints concerning the good life. (...) He offers a new critique of Mill's and Sidgwick's classic arguments for the hedonistic theory of value, employing thought experiments that invite us to clarify our preferences by choosing between different kinds of lives. He also assesses the desire- or preference-satisfaction theory of value in detail and takes a fresh look at both Nietzsche's Übermensch ideal and Aristotle's theory of the good life. In exploring foundational questions, Carson observes that many established theories rest on undefended assumptions about the truth of moral realism. Arguing against this stand, he defends the view that good means desirable and presents a divine-preference version of the desire-satisfaction theory. In this he contends that, if there exists a kind and omniscient God who created the universe, then what is good or bad is determined by His preferences; if such a God does not exist, what is good or bad depends on what we as rational humans desire. Value and the Good Life is the only book that defends a divine-preference theory of value as opposed to a divine-command theory of right and wrong. It offers a masterfully constructed argument to an age-old question and will stimulate all who seek to know what the good life truly is. (shrink)

This paper has two distinct objectives. (1) I defend an analysis of the concept of a conflict of interest. On my analysis the concept of a conflict of interest is broader than is generally supposed. I argue that a very large class of cases not ordinarily regarded as conflicts of interest should be so regarded. Conflicts of interest are an integral feature of many professional relationships and do not (as is often supposed) require the existence of external financial or personal (...) relationships. (2) I defend and explain the commonsense view that conflicts of interest areprima facie wrong and argue that in ordinary cases it is wrong, all things considered, to allow an avoidable conflict of interest to occur. I attempt to establish these claims on the basis of weak and relatively noncontroversial assumptions. (shrink)

Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use.

Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use.

Interpreters are less univocal than one might think in assessing Søren Kierkegaard's attitude toward eudaimonism. Through an analysis of several key texts from across Kierkegaard's authorship, I argue that existing interpretations do not convincingly address the relationship between Kierkegaard's critique of eudaimonism and his mid-nineteenth-century context, which was dominated by post-Kantian idealists. While I am sympathetic to aspects of deontological and aretaic interpretations, a contextual reading shows that his critique centers on what he diagnoses as the enclosure of the modern (...) self. This puts his critique of eudaimonism in the purview of his moral psychology and in continuity with his critique of romanticism. (shrink)

Laurence B. McCullough and Frank A. Chervenak (2008) provide a lucid and convincing account of the conceptual errors made by abortion opponents in using the term unborn child as a rhetorical device...

The recent accounting scandals at Enron, WorldCom, and other corporations have helped to fuel a massive loss of confidence in the integrity of American business and have contributed to a very sharp decline in the U.S. stock market. Inasmuch as these events have brought ethical questions about business to the forefront in the media and public consciousness as never before, they are of signal importance for the field of business ethics. I offer some observations and conjectures about the bearing of (...) the recent scandals on the literature on business ethics. I defend the following contentions: 1. Recent events reveal serious weaknesses of the stakeholder theory about the social responsibilities of business which lacks prohibitions against fraud and deception. This is a glaring deficiency of standard versions of the stakeholder theory, but it is easily remedied by adding explicit prohibitions against fraud and deception. In addition, recent events highlight the stakeholder theory's very naive and unrealistic hopes and expectations for business executives as moral arbiters and agents of social improvement. 2. Recent events do not constitute an objection to the shareholder theory about the social responsibilities of business, however, these events make evident the implausibility of strong versions of the invisible hand theory. 3. Schemes of payment and reward often create perverse incentives for individuals to engage in unethical conduct. 4. Both the shareholder theory and the stakeholder theory need to add a constraint that requires executives to respect the professional obligations of employees. (shrink)

This paper presents an analysis of bluffing in labor negotiations from legal, economic, and ethical perspectives. It is argued that many forms of bluffing in labor negotiations are legal and economically advantageous, but that they typically constitute lying. Nevertheless it is argued that it is generally morally acceptable to bluff given a typical labor-management relationship where one's negotiating partner is familiar with and most likely employing bluffing tactics him/herself. We also consider whether it is an indictment of our present negotiating (...) practices and our economic system as a whole that, given the harsh realities of the marketplace, bluffing is usually morally acceptable. (shrink)

Although there are important moral arguments against cloning human beings, it has been suggested that there might be exceptional cases in which cloning humans would be ethically permissible. One type of supposed exceptional case involves infertile couples who want to have children by cloning. This paper explores whether cloning would be ethically permissible in infertility cases and the separate question of whether we should have a policy allowing cloning in such cases. One caveat should be stated at the beginning, however. (...) After the cloning of a sheep in Scotland, scientists pointed out that using the same technique to clone humans would, at present, involve substantial risks of producing children with birth defects. This concern over safety gives compelling support to the view that it would be wrong to attempt human cloning now. Thus, we do not reach the debate about exceptional cases unless the issue of safety can be set aside. I ask the reader to consider the possibility that in the future humans could be cloned without a significantly elevated risk of birth defects from the cloning process itself. The remainder of this paper assumes, for sake of argument, that cloning technology has advanced to that point. Given this assumption, would cloning in the infertility cases be ethically permissible, and should it be legally permitted? (shrink)

Buying local is a prominent form of ethical consumption. We commonly assume that products that are local are in some respect ethically superior to ones that are not. This article contributes to research on local food by scrutinizing this assumption in light of some central values of the locavore movement. It identifies four central ethical causes from prior literature on locavorism: protecting the environment, promoting community, promoting small business, and contributing to the prosperity of one’s local economy. It then analyzes (...) whether the contribution of buying local to these causes can justify the general perception that buying local is a good way to be an ethical consumer. Its main finding is that these justifications fail to provide a strong positive ethical reason for consumers in general to adopt the practice of buying local. (shrink)

Scott Carson - Aristotle's Philosophy of Biology: Studies in the Origins of Life Science - Journal of the History of Philosophy 40:3 Journal of the History of Philosophy 40.3 391-392 Book Review Aristotle's Philosophy of Biology: Studies in the Origins of Life Science James G. Lennox. Aristotle's Philosophy of Biology: Studies in the Origins of Life Science. New York: Cambridge University Press, 2001. Pp. xxiii + 321. Cloth, $64.95. This excellent book is a collection of Lennox's papers, published in (...) the last twenty years, on the structure and methodology of Aristotle's philosophy of biology. In spite of the fact that the papers have had little, if any, re-editing for inclusion in the present volume, the book presents a remarkably seamless and impressively argued interpretation not only of Aristotle's philosophy.. (shrink)

Casuistic methods of reasoning in medical ethics have been criticized by a number of authors. At least five main objections to casuistry have been put forward: (1) it requires a uniformity of views that is not present in contemporary pluralistic society; (2) it cannot achieve consensus on controversial issues; (3) it is unable to examine critically intuitions about cases; (4) it yields different conclusions about cases when alternative paradigms are chosen; and (5) it cannot articulate the grounds of its conclusions. (...) Two main versions of casuistry have been put forward, and the responses to these objections depend in part on which version one is defending. Jonsen has advocated a version modeled on the approach to casuistry used by moral theologians in the 15th and 16th century, involving comparison of the case at hand with a single paradigm and a lineup of cases. The present author has advocated another version, drawn from experience with cases in clinical ethics, which involves comparing the case at hand with two or more paradigms. Four of the five objections are unsuccessful when directed against Jonsen'sapproach, and all of them are unsuccessful when directed against the approach involving comparison with two or more paradigms. (shrink)

I begin by discussing views about the permissibility of lying by political leaders. Sections II and III address historically important lies and lies about history and the historical record. These two categories overlap - some lies about the historical record were historically important events. In section IV, I discuss the related notion of half-truths and give examples of misleading/deceptive half-truths about history. In the final section of this chapter, I briefly discuss the obligations of historians to give truthful accounts of (...) historical events. (shrink)

Few moral questions have greater bearing on the conduct of our everyday lives than questions about the morality of lying. These questions are also important for ethical theory. An important test of any theory of right and wrong is whether it gives an adequate account of the morality of lying. Conceptual questions about the nature of lying are prior to questions about the moral status of lying. Any theory about the moral status of lying presupposes an account of what lying (...) is. (shrink)

Familiarity, so the saying goes, breeds contempt. But, why should familiarity breed such a negative thing as contempt, or other negative orientations? Walker Percy, it would seem, has a lot to say about human jadedness, sometimes through the very means by which we are meant to inhabit ontological intimacy. One may not care much about, say sparrows, but intuitively people seem jaded about something that matters to them in a deeper way. This chapter explores the personal or social sources of (...) jadedness: is it an individual problem only, or caused by broader cultural factors? I attempt to sketch an initial theory of jadedness, and then expand that theory by attending to Percy’s unique philosophical contributions. I will argue, that there are at least two types of jadedness—a narrow, domain-specific psychological type and a global, existential type—that share structural similarities such as volitional and epistemic inertia, an unsettled loss of meaning, a faulty assumption of epistemic completion or superiority, and a foreclosure of ontological possibilities. I then show how Percy uniquely integrates these two types of jadedness within a broader framework of what it means to be human. (shrink)

Many business ethicists assume that if a type of conduct is illegal, then it is also unethical. This article scrutinizes that assumption, using the rideshare company Uber’s illegal operation in the city of Philadelphia as a case study. I argue that Uber’s unlawful conduct was permissible. I also argue that this position is not an extreme one: it is consistent with a variety of theoretical commitments in the analytic philosophical tradition regarding political obligation. I conclude by showing why business ethicists (...) would have a better rejoinder to the “dominant view” of business ethics associated with Milton Friedman if they dispensed with the assumption that illegal implies unethical. (shrink)

Thomas Carson offers the most comprehensive and up-to-date investigation of moral and conceptual questions about lying and deception. Part I addresses conceptual questions and offers definitions of lying, deception, and related concepts such as withholding information, "keeping someone in the dark," and "half truths." Part II deals with questions in ethical theory. Carson argues that standard debates about lying and deception between act-utilitarians and their critics are inconclusive because they rest on appeals to disputed moral intuitions. He defends (...) a version of the golden rule and a theory of moral reasoning. His theory implies that there is a moral presumption against lying and deception that causes harm — a presumption at least as strong as that endorsed by act-utilitarianism. He uses this theory to justify his claims about the issues he addresses in Part III: deception and withholding information in sales, deception in advertising, bluffing in negotiations, the duties of professionals to inform clients, lying and deception by leaders as a pretext for fighting wars, and lying and deception about history, and cases of distorting the historical record by telling half-truths. The book concludes with a qualified defence of the view that honesty is a virtue.Readership: Scholars and advanced students of philosophy, as well as historians and students of history. (shrink)

The response many gay men took to the HIV epidemic in the United States was largely informal, especially given distant state and federal governments. The condom code, a set of informal norms that encouraged the use of condoms, is one instance of this informal response, which was wholly uncoordinated. Yet, it is not clear why these informal norms emerged or why they have since eroded. This paper explores how gay men in particular generated expectations and normative beliefs regarding condom usage, (...) which helped to establish the condom code as an informal norm. Furthermore, the erosion of the condom code is viewed as a result of changing expectations, which change as bio-medical means of HIV treatment and prevention develop and as online and digital communities facilitate serosorting, all of which provide alternatives to condoms as a means of prevention and their associated informal norms. Future HIV prevention campaigns should recognize the extent to which informal norms coordinate and encourage preventative behavior, as well as how beliefs and expectations alter the informal norms people adopt. (shrink)

Psychiatric practice is often faced with complex situations that seem to pose serious moral dilemmas for practitioners. Methods for solving these dilemmas have included the development of more objective rules to guide the practitioner such as utilitarianism and deontology. A more modern variant on this objective model has been 'Principlism' where 4 mid level rules are used to help solve these complex problems. In opposition to this, there has recently been a focus on more subjective criteria for resolving complex moral (...) dilemmas. In particular, virtue ethics has been posited as a more sensitive method for helping doctors to reason their way through difficult ethical issues. Here the focus is on the character traits of the practitioner. Bloch and Green advocated another way whereby more objective methods such as Principlism and virtue ethics are combined to produce what they considered sound moral reasoning in psychiatrists. This paper points out some difficulties with this approach and instead suggests that a better model of ethical judgment could be developed through the use of narratives or stories. This idea puts equal prima facie value on the patient's and the psychiatrist's version of the dilemma they are faced with. It has the potential to lead to a more genuine empathy and reflective decision-making. (shrink)

How should we distinguish between ethical and unethical ways of pursuing profit in a market? The market failures approach (MFA) to business ethics purports to provide an answer to this question. I argue that it fails to do so. The source of this failure is the MFA’s reliance on Pareto efficiency as a core ethical principle. Many ethically “preferred” tactics for seeking profit cannot be justified by appeal to Pareto efficiency. One important reason for this is that Pareto efficiency, as (...) understood by the theory of welfare economics upon which the MFA relies, assumes a static conception of efficiency. This is a problem because many ethically “preferred” tactics can only be justified by appeal to dynamic efficiency considerations. I argue that, instead of Pareto efficiency, we should look to the value of wealth creation to understand the ethical constraints on how market actors may pursue profit. (shrink)

It's well-known that Kant believed that intuition was central to an account of mathematical knowledge. What that role is and how Kant argues for it are, however, still open to debate. There are, broadly speaking, two tendencies in interpreting Kant's account of intuition in mathematics, each emphasizing different aspects of Kant's general doctrine of intuition. On one view, most recently put forward by Michael Friedman, this central role for intuition is a direct result of the limitations of the syllogistic logic (...) available to Kant. On this view, Kant's reasons for introducing intuition are taken to be logical or mathematical, rather than philosophical. The other tendency, which I shall try to develop here, emphasizes an epistemological or phenomenological role for intuition in mathematics arising out of what may loosely be called Kant's ‘antiformalism.’This paper, which focuses specifically on the case of geometry, falls into two parts. First, I consider Kant's discussion of intuition in the Metaphysical Exposition of the concept of space. (shrink)

tentment and its relationship to the notions of happiness and the good life. Many philosophers have argued that the concept of happiness can be defined or analyzed simply in terms of "contentment" or "being satisfied (or pleased) with one' s life."' Others have made the more modest claim that being satisfied with one' s..

In a recent paper that appeared in this journal Fritz Allhoff addresses the morality of bluffing in negotiations1. He focuses on cases in which people misstate their reservation price in negotiations, e.g., suppose that I am selling a house and tell a prospective buyer that $300,000 is absolutely the lowest price that I will accept, when I know that I would be willing to accept as little as $270,000 for the house rather than continue to try to sell it. Allhoff (...) criticizes my (qualified) defense of bluffing in my paper Second Thoughts on Bluffing,2 and offers what he takes to be a more plausible defense of bluffing. Allhoffs criticisms rest on several serious misinterpretations of my views. He ascribes to me several arguments that I dont make. He also attributes to me an unqualified defense of bluffing that I explicitly reject. I briefly document this in Section 1. In Sections 2 and 3 I explain and criticize Allhoffs positive views about bluffing and the morality of bluffing. (shrink)

This essay in both literary criticism and negative theology treats three widely diverse cases of women who “had the nerve to enter a zone of absolute spiritual daring.” The three cases are of the poet Sappho, the mystic Margarite Porete, and the philosopher Simone Weil. Each of them underwent “an experience of decreation, or so she tells us.” Decreation, which is Simone Weil’s coinage, is here defined as “an undoing of the creature in us—that creature enclosed in self and defined (...) by self. But to undo self one must move through self to the very inside of its definition.” The audacious, unconventional spirituality of these women led society to “pass judgments on the authenticity” of their “ways of being.” Weil has been termed “neurotic, anorectic, pathological, sexually repressed or fake” by many readers of both her work and the biographies written about her. Marguerite Porete was condemned at trial for being not only a heretic but also a pseudo-mulier—a “fake woman”—while “Sappho’s ancient biographers tried to discredit her seriousness by assuring us she lived a life of unrestrained and incoherent sexual indulgence.” These women, however, “know what love is,” namely “the touchstone of a true or a false spirituality,” and each of them finds a means of “telling God.”. (shrink)

Principlism has been advocated as an approach to resolving concrete cases and issues in bioethics, but critics have pointed out that a main problem for principlism is its lack of a method for assigning priorities to conflicting ethical principles. A version of principlism referred to as 'specified principlism' has been put forward in an attempt to overcome this problem. However, none of the advocates of specified principlism have attempted to demonstrate that the method actually works in resolving detailed clinical cases. (...) This paper shows that when one tries to use it, specified principlism fails to provide practical assistance in deciding how to resolve concrete cases. Proponents of specified principlism have attempted to defend it by arguing that it is superior to casuistry, but it can be shown that their arguments are faulty. Because of these reasons, specified principlism should not be considered a leading contender in the search for methods of making justifiable decisions in clinical cases. (shrink)

The author has elsewhere defended the view that accepting a bribe involves the violation of an implicit or explicit promise or understanding associated with an office or position that one occupies and that therefore it is prima facie wrong to accept a bribe. Michael Philips has criticized this position in a recent paper. He argues that (a) there are cases in which accepting a bribe violates no promises or agreements, and (b) there are cases in which there is no prima (...) facie duty to refuse an offer of a bribe. The author offers replies to both of these objections. (shrink)

Corporate Social Responsibility (CSR) is a concept suggesting that good business is about more than maximizing profit. In order to achieve social legitimacy a corporation must pay attention to a complex web of values and relations, and different CSR strategies and policies can be viewed as ways to manage this complexity. The corporate legitimacy matrix introduced in this article represents the strive for social legitimacy as a balancing act along three lines: a) The sustainability dimension: Balancing economic, social and environmental (...) considerations, b) The stakeholder dimension: Balancing considerations of stakeholders at the local, national and global level, and c) The trust dimension: Balancing rational argumentation, credibility and emotional appeal. This article explores these three aspects of corporate legitimacy and how they are related. It is intended as a theoretical contribution towards a better understanding of the relationship between CSR and corporate legitimacy, as well as a practical tool to support the analysis of actual corporate legitimacy challenges. (shrink)

This article examines the most controversial of the activities of the India Meteorological Department (IMD): long-term seasonal forecasting for the South Asian subcontinent. Under the pressure of recurrent famines, in 1886 the imperial IMD commenced annual issue of monsoon predictions several months in advance, focused on one variable: rainfall. This state service was new to global late nineteenth-century meteorology, attempted first and most rigorously in India. Successive IMD leaders adapted the forecast in light of scientific and infrastructural developments, continuously revising (...) the underlying methods of its production. All methods failed to achieve accurate prevision. Nevertheless, the imperatives of economic administration, empire and public demand compelled IMD scientists to continue annual publication of this unreliable product. This article contends that the seasonal forecast is best understood as an enduring ritual of good governance in a monsoonal environment. Through analysis of newspaper controversies, it suggests that although the seasonal forecast was the most compelling justification for the IMD's imperial and global importance, its limitations undercut popular trust in modern meteorology. Finally, this case illustrates the centrality of ‘tropical meteorology’ to the historical development of modern atmospheric science. (shrink)