Most philosophical defences of the state’s right to exclude immigrants derive their strength from the normative importance of self-determination. If nation-states are taken to be the political institutions of a people, then the state’s right to exclude is the people’s right to exclude – and a denial of this right constitutes an abridgement of self-determination. In this paper, I argue that this view of self-determination does not cohere with a group-agency view of nation-states. On the group-agency view that I defend, (...) a nation-state is the kind of group-agent that does not supervene on the intentionality of member/citizens. If we think that a nation-state is an intentional group-agent in its own right, then we should think that self-determination resides with the institutions of the state rather than with the citizens. If nation-states do not supervene on the intentionality of citizens, then it is unclear why citizens might have the right to control membership in the state as a feature of self-determination. (shrink)

In this paper I propose a novel defence of political cosmopolitanism grounded in a familiar principle: universal moral equality. Critics of cosmopolitanism generally agree to universal moral equality, but disagree about what moral equality means politically. According to my argument, if we accept that all people are morally equal, then we ought to accept their equal moral standing. We should therefore prefer socio-political arrangements that reflect the equal moral standing of all people over those that reflect differentiated moral standing. A (...) reasonable cosmopolitanism need not preclude partialist attachment to co-nationals, or undermine the significance of self-determination, so long as political arrangements do not produce differentiated moral standing. As the political application of an uncontroversial moral principle, I defend reasonable cosmopolitanism against nationalism and statism. Neither of these, I argue, are suitable foundations for global justice in migration because they each conceive of justice as a local concern for insiders. (shrink)

HIV/AIDS prevention campaigns have been overshadowed by conflicting, competing, and contradictory views between those who support condom use as a last resort and those who are against it for fear of promoting sexual immorality. We argue that abstinence and faithfulness to one partner are the best available moral solutions to the HIV/AIDS pandemic. Of course, deontologists may argue that condom use might appear useful and effective in controlling HIV/AIDS; however, not everything that is useful is always good. In principle, all (...) schools of thought and faith seem to agree on the question of faithfulness for married couples and abstinence for those who are not married. But they differ on condom use. On the ground, the situation is far more complex. We simply lack a single, entirely reliable way to resolve all disagreements regarding HIV/AIDS prevention strategies. (shrink)

In Ethics and Political Theory, Joseph Grcic explores the ways in which the ideas of John Rawls can be implemented to realize the ideals of liberal democracy. Many of the essays evaluate Rawls' discussion of the relationship between liberal democratic equality and economic liberty. Grcic argues that Rawls has not fully considered how differences in income and wealth restrict political equality in Western capitalist democracies. However, Grcic contends that a practical extension of Rawls' theory does suggest (...) ways to reform democratic societies. These include the public financing of all election campaigns and free legal representation. In an attempt to clarify the nature and foundations of political power, Grcic also advocates a new approach to ethics, which focuses on the social functions of moral values rather than individual agency. This book is unique in its attempt to deal with both theoretical and applied questions, making it an important resource for philosophers and those interested in actual political reform. (shrink)

The article investigates the possibility that the concept of conscience can be attributed not only to human beings but to more abstract entities like corporations. For such an analysis we need to look closer at the idea of conscience and at what defines a corporation through the looking glass of notions like capitalism, socialism and democracy. Briefly, the conclusions of this investigation make us believe that conscience is not only a legitimate term when talking about corporations, but is a necessity (...) if such an organization aims to better fit today‟s world. (shrink)

I criticize Rawls’ coherentist methodology and argue using the ideas of Talcott Parsons and Karl Popper that social and political structures flow from and are founded on human nature and arise from human beings seeking to satisfy their needs. For societies to exist and function in an efficient manner, certain ethical and political structures must obtain and that these structures would, in general, be required by the key elements of Rawls’ theory of justice and, as such would provide some of (...) the necessary foundations for most components of his theory. (shrink)

Libertarianism is an ideology which reveals its contradictions when it is implemented. The libertarian denial of the right to what Rawls calls fair quality of opportunity, especially to the right to education, would negatively impact any libertarian society in adapting to its environment. Further, a libertarian society would lead to a caste society and the domination of the political system by an elite primarily interested in protecting its own privileges, not the freedom of the masses.

Introduction. The trial; the right to a lawyer; double jeopardy; the electoral college; the senate; presidential pardon; judicial review; lifetime appointment; campaign finance reform; the right to political leave; the democratized corporation -- The right to a lawyer -- Abolish double jeopardy -- Empower the jury -- The electoral college -- Abolish presidential pardon -- Abolish the Senate -- Limit the power of the Supreme Court -- Abolish lifetime tenure of Supreme Court justices -- Reduce private money in election campaigns (...) -- Expand the right to run for political office -- Expand employee rights -- The contradictions of libertarianism. (shrink)

The presidential pardon as it currently exists is a violation of the separation of powers, checks and balances, and rule of law. With the exception of impeachment, the pardon power of the president is not subject to judicial review. The court has no rights to deny a pardon even though it may violate many explicit laws and implicit values of the constitution. It seems clear that the current form of the presidential power is a usurpation of the role of the (...) judiciary making the president judge and jury combining as it does the legislative and judicial function in the presidency. This unilateral and essentially unchecked power of the presidency threatens the consistency and unity of the government for it is independent and beyond the scope of legal restraint of the other branches of government. (shrink)

The electoral college is inconsistent with the underlying principles of the US constitution and the basic ideas of John Rawls' theory of justice. The college introduces an undefined variable into the basic structure and violates the Rawlsian idea of a stable society and public reason. Public reason involves constitutional essentials of the basic structure and constitutive of the overlapping consensus of reasonable comprehensive doctrines. Since the electoral college need not respect the majority vote of the citizenry nor publicly justify its (...) vote, it violates the idea of public reason of citizens as free and equal since political discourse must be public and consistent with the principles implicit in the basic structure. (shrink)

The social contract tradition of political legitimacy has a long and complex history. John Rawls believed himself to be working in this tradition of Locke, Rousseau and Kant, but not that of Hobbes whose Leviathan, he remarks, “raises special problems.” Rawls never specifies what these problems are but there are indeed very serious problems with Hobbes’ political theory. I argue that Hobbes’ theory is an ideology fashioned in a chaotic social environment where self-preservation was precarious at best. His theory is (...) based on his belief that there were only two alternatives for political order given the human condition as he saw it at the time, chaos or absolute power. This false dichotomy was one that Rawls and most other theorists did not accept. Hobbes' theory conflicts with Rawls' conception of rights, the purpose of government, and the nature of the person. Hobbes' theory is a form of ethical foundationalism and is what Rawls calls a comprehensive doctrine unacceptable in Rawls' political liberalism. (shrink)

One way of ensuring that individual actions do not violate a group's moral norms is to develop within each individual a conscience. Conscience consists in the internalization or acceptance of a group's moral norms as correct and overriding one's self-interest when they conflict.Corporations as well as individuals need a conscience to monitor and control their behavior. The correlative of a personal conscience in a corporation consists in the representation of group interests in the running and managing of the firm. This (...) means consumer and employee representation on the board of directors and management is the most effective way to promote corporate moral behavior. (shrink)

I argue that the common core of moral values found in the world religions can be understood in a pragmatic manner. I also argue that this can be used to argue against moral relativism.

_Foucault and Animals_ is the first collection to explore the relevance of Foucault’s thought for the animal question. Chrulew and Wadiwel bring together essays that open up his influential range of concepts and methods to new domains of human-animal relations.

Translating ethical theories into clinical practice presents a perennial challenge to educators. While many suggestions have been put forth to bridge the theory-practice gap, none have sufficiently remedied the problem. We believe the ascendance of hospital medicine, as a dominant new force in medical education and patient care, presents a unique opportunity that could redefine the way clinical ethics is taught. The field of hospital medicine in the United States is comprised of more than 50,000 hospitalists—specialists in inpatient medicine—representing the (...) fastest growing subspecialty in the history of medicine, and its members have emerged as a dominant new force around which medical education and patient care pivot. This evolution in medical education presents a unique opportunity for the clinical ethics community. Through their proximity to patients and trainees, hospitalists have the potential to teach medical ethics in real time on the wards, but most hospitalists have not received formal training in clinical ethics. We believe it is time to strengthen the ties between hospital medicine and medical ethics, and in this article we outline how clinical ethicists might collaborate with hospitalists to identify routine issues that do not rise to the level of an “ethics consult,” but nonetheless require an intellectual grounding in normative reasoning. We use a clinical vignette to explore how this approach might enhance and broaden the scope of medical education that occurs in the inpatient setting: A patient with an intra-abdominal abscess is admitted to the academic hospitalist teaching service for drainage of the fluid, hemodynamic support, and antimicrobial therapy. During the initial encounter with the hospitalist and his team of medical students and residents, the patient reports night sweats and asks if this symptom could be due to the abscess. How should the hospitalist approach this question? (shrink)

: This paper presents a method of moral problem solving in clinical practice that is inspired by the philosophy of John Dewey. This method, called "clinical pragmatism," integrates clinical and ethical decision making. Clinical pragmatism focuses on the interpersonal processes of assessment and consensus formation as well as the ethical analysis of relevant moral considerations. The steps in this method are delineated and then illustrated through a detailed case study. The implications of clinical pragmatism for the use of principles in (...) moral problem solving are discussed. (shrink)

Over the course of the last four decades, William Leon McBride has distinguished himself as one of the most esteemed and accomplished philosophers of his generation. This volume—which celebrates the occasion of his seventy-fifth birthday—includes contributions from colleagues, friends, and formers students and pays tribute to McBride’s considerable achievements as a teacher, mentor, and scholar.

Are there natural kinds of things around which our theories cut? The essays in this volume offer reflections by a distinguished group of philosophers on a series of intertwined issues in the metaphysics and epistemology of classification.

A good therapeutic relationship in mental health services is a predictor of positive clinical outcomes for people who seek help for distressing experiences, such as voice hearing and paranoia. One factor that may affect the quality of the therapeutic relationship and raises further ethical issues is the impact of the clinical encounter on users’ sense of self, and in particular on their sense of agency. In the paper, we discuss some of the reasons why the sense of epistemic agency may (...) be especially fragile in young people with unusual experiences and beliefs. We argue that it is important to identify and avoid behaviours that can undermine young people’s contributions as epistemic agents in the clinical encounter. (shrink)

: This response to Lynn Jansen's critique of clinical pragmatism concentrates on two themes: (1) contrasting approaches to moral epistemology and (2) the connection between theory and practice in clinical ethics. Particular attention is paid to the status of principles and the role of consensus, with some closing speculations on how Dewey might view the current state of bioethics.

A 47-year-old woman with a history of anxiety disorder is admitted to the hospital for shortness of breath. On the third day of hospitalization, she asks her physician for a copy of all documents pertaining to her care. What expectation should she have for full disclosure? Are there limits on her access to her medical records and do her physician's concerns about professional privilege matter?The virtues of transparency in medicine have been well described. As proponents of transparency, we favor patient (...) access to their medical records, but we are increasingly troubled by the ease and extent of disclosure in current practice as technology advances and... (shrink)

Der folgende Artikel ist im Jahr 2003 unter dem Titel „Clinical Pragmatism: A Method of Moral Problem Solving“ in dem Sammelband „Pragmatic bioethics“ erschienen, welcher sich mit der Bedeutung der pragmatistischen Philosophie für die Praxis befasst. In dem vom Internisten und Bioethiker Joseph J. Fins, dem Thoraxchirurgen Matthew D. Bacchetta und dem Philosophen und Medizinethiker Franklin G. Miller verfassten Beitrag wird der pragmatistische Ansatz in der klinischen Ethik anhand eines Fallbeispiels gleichzeitig beschrieben, begründet und demonstriert. Obgleich die Denkrichtung (...) der pragmatistischen Philosophie sowohl wissenschaftstheoretisch wie praktisch hoch bedeutsam ist – ohne diese ist weder die heutige sozialwissenschaftliche Forschung noch die angewandte, insbesondere die klinische Ethik denkbar –, werden pragmatistische Ansätze im deutschsprachigen Raum bis heute eher rudimentär rezipiert. (shrink)

A 28-year-old female-to-male transgender patient presents to the emergency room with one day of pleuritic chest pain and shortness of breath. The patient is found to have an acute pulmonary embolus and is admitted is to the academic hospitalist teaching service for further management.The transgender population is diverse in gender identity, expression, and sexual orientation. Although estimates vary, one study suggests that 0.3% of adults identify as transgender. The U.S. National Transgender Discrimination Survey revealed that 28% of transgender adults have (...) experienced harassment in medical settings, 19% reported being refused care, and 28% postponed care because of discrimination... (shrink)