A little more than two years ago, a Texas woman, faced with a knife-wielding intruder demanding sex from her, tried to talk her attacker into wearing a condom to protect herself against the possibility of contracting AIDS. A grand jury refused to indict the man because jurors believed that the woman's act of self-protection implied that she had consented to sex.

The issue of acquaintance rape has been gaining increased prominence in recent years. In this book Joan McGregor analyses the ethical and legal problems that arise in connection with acquaintance rape cases. She discusses with great clarity and precision the complexities involved in notions such as consent, force, autonomy, power, intention and the impairment of responsibility through drugs, alcohol and mental illness. Arguing that criminal rape laws are too narrow, capturing only cases where there is clearly recognized physical (...) violence and resistance from the victim, she sets out a new proposal for how the criminal law should deal with cases of nonconsensual sex which captures the ideals of a liberal political society and in particular the idea of equality. This book explains fully what it means when a woman says no and means no. (shrink)

Does the “free market” foster more freedom for individuals generally and less coercion? Libertarians and other market advocates argue that the unfettered market maximizes freedom and hence has less coercion than any feasible alternative. Welfare liberals, Socialist, and Marxists, in different ways, argue against the claim that the unrestricted market maximizes freedom generally. Both supporters and critics agree that coercion undermines freedom and that that is what is ultimately prima facie wrong with it. Further, they agree that the extent to (...) which an economic system includes coercion provides a serious strike against it. The problem is that there is little consensus on the necessary conditions for coercion. In this paper I will be concerned with the nature of coercive relationships in the market. Market interactions have a particular character and occur within a specific institutional framework. Other accounts of coercion have failed to capture the unique character of coercion in the market because they have failed to take into account certain nontrivial facts about the market which are essential to the analysis of coercive market relations. (shrink)

The genetic revolution is well underway, with genetic research and knowledge expanding at an exponential rate. Much of the new genetics research is focused on population groups, and proponents of “population genomics” argue that such studies are necessary since genetic “variation” among human populations holds the most promise for technological innovations that can improve human health and lead to increased understanding of the origin of human populations. Population genomic research thus targets specific groups to discover variation that could lead to (...) knowledge about genetic disorders, possible cures, and the origin and migration patterns of distinctive peoples. Research on genetic differences among groups or populations, however, raises many pressing ethical and legal questions. For example, focus on biological differences of racial and ethnic groups has in the past lead to assumptions about superiority and inferiority between groups, and in practice resulted in stigmatization and discrimination. Consequently, attention on groups should raise legal and moral red flags and compel us to move cautiously in this area. Pragmatically, targeting population groups as the object of study requires the determination of the nature and scope of “population groups” for purposes of genetics research. (shrink)

Ethicists and others who study and teach the social implications of science and technology are faced with a formidable challenge when they seek to address “emerging technologies.” The topic is incredibly important, but difficult to grasp because not only are the precise issues often unclear, what the technology will ultimately look like can be difficult to discern. This paper argues that one particularly useful way to overcome these difficulties is to engage with their natural science and engineering colleagues in laboratories. (...) Through discussions and interactions with these colleagues ethicists can simultaneously achieve three important objectives. First they can get a great deal of assistance in their research into the social implications of future technologies by talking with people that are actively creating those futures. Second their presence in the lab and the discussions that result can be a very powerful method for educating not only students, but faculty about the ramifications of their work. And third, because the education is directly linked to the students’ everyday work it is likely that it will not just be a theoretical exercise, but have direct impact on their practice. (shrink)

Thomas Reid’s positive account of justice as a natural virtue must be extracted from his polemic on Hume’s theory that justice is an artificial virtue. For Hume, the conceptual analysis of justice is in terms of agreement and hence, it is absurd to suppose that any act is unjust prior to Humean agreement. Hume maintains that no man is obliged to obey the rules of justice unless others agree to do likewise; by implication, there can be no injustices in the (...) state of nature. Reid categorically denies this, and presents sharp criticism of Hume’s account. To refute Hume’s account, Reid must show that there is a conceptual priority of the notion of justice—prior to any convention or artifice of society. In other words, he must show that we have a conception of justice which is not dependent on the conventions of society. Reid, I will show, is successful in showing this. His success in showing that justice is a natural virtue depends not only on his conceptual analysis, but on his arguments from human nature as well. The argument of Reid’s that is the central focus of this paper rests upon the following claim: “As soon as men have any rational conception of a favour and an injury, they must have the conception of justice and perceive its obligation.”. (shrink)

Understanding the nature of terrorism is extremely important given the role it currently plays in national and international rhetoric and politics. Nathanson’s book Terrorism and the Ethics of War is a fascinating and extremely timely detailed account of terrorism. He explores what terrorism is, what makes it morally wrong, and whether there are conditions that might ever justify its use. Though terrorism is widely and universally condemned, what count as specific instances of terrorism are often in dispute. One person’s “freedom (...) fighter” is another person’s terrorist. In this commentary, I raise some questions about Nathanson’s account and offer a friendly suggestion about an additional condition for terrorism. Beyond that I question how the term ‘terrorism’ is currently used by law enforcement in this country and suggest that law enforcement would be wise to utilize Nathanson’s analysis of terrorism. (shrink)

Michael Philips in his paper 'Are Coerced Agreements Involuntary?' argues against the widely accepted claim that agreements secured by coercion are involuntary and hence the law should not enforce coerced agreements. Philips's argument relies, I argue, upon an indefensible account of voluntariness. His account of voluntariness does not provide a justification for the system of voluntary exchanges, nor does it link up with our entrenched views about moral and legal responsibility. After arguing for the inadequacy of Philips's analysis of voluntary, (...) I show that Philips has not established the conclusions he thinks he has; specifically, he does not show that agreements made in response to coercion are not involuntary, that coercion does not invalidate agreements, and that the distinction between illegal and legal means which he is so eager to make cannot do the work he wants it to do. (shrink)

In this paper, I will consider the moral considerations surrounding our food choices, including whether those choices are sustainable. Sustainability means preserving ecological integrity for current and future generations, and includes cultural sustainability which embodies values like justice and care for current and future generations as well as non-human animals. I will explore the widely accepted view that buying local is morally superior. In considering the moral reasons for buying local, I will investigate Peter Singer’s arguments against buying local, which (...) he supports by our duty to aid those suffering immediate harm. Singer’s arguments force us to examine our duties to aid those in developing nations versus duties to support local economies. I will argue that our duties in regard to food purchases are complex and impinge on multiple values, including supporting local communities, ecological integrity, and concern for fair global food practices. (shrink)

The basics -- The family as an institution for the development of values -- The role of community and culture in shaping land use policy -- The mending wall : religion and ethics at the dawn of a century -- Character education : a dialogue -- Restoring trust in government : the role of integrity and responsiveness -- Is there a crisis of citizenship? -- Organizational ethics and responsibility -- Media ethics -- Reflections on values, ethics, and personal responsibility.

The article “Extending Research Protections to Tribal Communities” examines whether it is appropriate to extend the Belmont Report’s ethical principles beyond the individual...

The concept of informed consent for medical treatment has been well established as a necessary element in ensuring compliance with patients' right to self determination and respect of individual au...

We respond to Morgan and Feeley’s critique on our article “Mass Media in Organ Donation: Managing Conflicting Messages and Interests.” We noted that Morgan and Feeley agree with the position that the primary aims of media campaigns are: “to educate the general public about organ donation process” and “help individuals make informed decisions” about organ donation. For those reasons, the educational messages in media campaigns should not be restricted to “information from pilot work or focus groups” but should include evidence-based (...) facts resulting from a comprehensive literature research. We consider the controversial aspects about organ donation to be relevant, if not necessary, educational materials that must be disclosed in media campaigns to comply with the legal and moral requirements of informed consent. With that perspective in mind, we address the validity of Morgan and Feeley’s claim that media campaigns have no need for informing the public about the controversial nature of death determination in organ donation. Scientific evidence has proven that the criteria for death determination are inconsistent with the Uniform Determination of Death Act and therefore potentially harmful to donors. The decision by campaign designers to use the statutory definition of death without disclosing the current controversies surrounding that definition does not contribute to improved informed decision making. We argue that if Morgan and Feeley accept the important role of media campaigns to enhance informed decision making, then critical controversies should be disclosed. In support of that premise, we will outline: (1) the wide-spread scientific challenges to brain death as a concept of death; (2) the influence of the donor registry and team-huddling on the medical care of potential donors; (3) the use of authorization rather than informed consent for donor registration; (4) the contemporary religious controversy; and (5) the effects of training desk clerks as organ requestors at the Department of Motor Vehicles offices. We conclude that organ donation is a medical procedure subject to all the ethical obligations that the medical profession must uphold including that of transparency and truthfulness. (shrink)

Mass media campaigns are widely and successfully used to change health decisions and behaviors for better or for worse in society. In the United States, media campaigns have been launched at local offices of the states’ department of motor vehicles to promote citizens’ willingness to organ donation and donor registration. We analyze interventional studies of multimedia communication campaigns to encourage organ-donor registration at local offices of states’ department of motor vehicles. The media campaigns include the use of multifaceted communication tools (...) and provide training to desk clerks in the use of scripted messages for the purpose of optimizing enrollment in organ-donor registries. Scripted messages are communicated to customers through mass audiovisual entertainment media, print materials and interpersonal interaction at the offices of departments of motor vehicles. These campaigns give rise to three serious concerns: (1) bias in communicating information with scripted messages without verification of the scientific accuracy of information, (2) the provision of misinformation to future donors that may result in them suffering unintended consequences from consenting to medical procedures before death (e.g, organ preservation and suitability for transplantation), and (3) the unmanaged conflict of interests for organizations charged with implementing these campaigns, (i.e, dual advocacy for transplant recipients and donors). We conclude the following: (1) media campaigns about healthcare should communicate accurate information to the general public and disclose factual materials with the least amount of bias; (2) conflicting interests in media campaigns should be managed with full public transparency; (3) media campaigns should disclose the practical implications of procurement as well as acknowledge the medical, legal, and religious controversies of determining death in organ donation; (4) organ-donor registration must satisfy the criteria of informed consent; (5) media campaigns should serve as a means of public education about organ donation and should not be a form of propaganda. (shrink)

Organ donation after cardiac or circulatory death (DCD) has been introduced to increase the supply of transplantable organs. In this paper, we argue that the recovery of viable organs useful for transplantation in DCD is not compatible with the dead donor rule and we explain the consequential ethical and legal ramifications. We also outline serious deficiencies in the current consent process for DCD with respect to disclosure of necessary elements for voluntary informed decision making and respect for the donor's autonomy. (...) We compare two alternative proposals for increasing organ donation consent in society: presumed consent and mandated choice. We conclude that proceeding with the recovery of transplantable organs from decedents requires a paradigm change in the ethics of organ donation. The paradigm change to ensure the legitimacy of DCD practice must include: (1) societal agreement on abandonment of the dead donor rule, (2) legislative revisions reflecting abandonment of the dead donor rule, and (3) requirement of mandated choice to facilitate individual participation in organ donation and to ensure that decisions to participate are made in compliance with the societal values of respect for autonomy and self-determination. (shrink)

Advance health care directives and informed consent remain the cornerstones of patients' right to self-determination regarding medical care and preferences at the end-of-life. However, the effectiveness and clinical applicability of advance health care directives to decision-making on the use of life support systems at the end-of-life is questionable. The Uniform Anatomical Gift Act (UAGA) has been revised in 2006 to permit the use of life support systems at or near death for the purpose of maximizing procurement opportunities of organs medically (...) suitable for transplantation. Some states have enacted the Revised UAGA (2006) and a few of those have included amendments while attempting to preserve the uniformity of the revised Act. Other states have introduced the Revised UAGA (2006) for legislation and remaining states are likely to follow soon. (shrink)

Volume 20, Issue 6, June 2020, Page 22-24.

In 1968, the Harvard criteria equated irreversible coma and apnea with human death and later, the Uniform Determination of Death Act was enacted permitting organ procurement from heart-beating donors. Since then, clinical studies have defined a spectrum of states of impaired consciousness in human beings: coma, akinetic mutism, minimally conscious state, vegetative state and brain death. In this article, we argue against the validity of the Harvard criteria for equating brain death with human death. Brain death does not disrupt somatic (...) integrative unity and coordinated biological functioning of a living organism. Neurological criteria of human death fail to determine the precise moment of an organism’s death when death is established by circulatory criterion in other states of impaired consciousness for organ procurement with non-heart-beating donation protocols. The criterion of circulatory arrest 75 s to 5 min is too short for irreversible cessation of whole brain functions and respiration controlled by the brain stem. Brain -based criteria for determining death with a beating heart exclude relevant anthropologic, psychosocial, cultural, and religious aspects of death and dying in society. Clinical guidelines for determining brain death are not consistently validated by the presence of irreversible brain stem ischemic injury or necrosis on autopsy; therefore, they do not completely exclude reversible loss of integrated neurological functions in donors. The questionable reliability and varying compliance with these guidelines among institutions amplify the risk of determining reversible states of impaired consciousness as irreversible brain death. The scientific uncertainty of defining and determining states of impaired consciousness including brain death have been neither disclosed to the general public nor broadly debated by the medical community or by legal and religious scholars. Heart-beating or non-heart-beating organ procurement from patients with impaired consciousness is de facto a concealed practice of physician-assisted death, and therefore, violates both criminal law and the central tenet of medicine not to do harm to patients. Society must decide if physician-assisted death is permissible and desirable to resolve the conflict about procuring organs from patients with impaired consciousness within the context of the perceived need to enhance the supply of transplantable organs. (shrink)

War and Border Crossings brings together renowned scholars to address some of the most pressing problems in public policy, international affairs, and the intercultural issues of our day. Contributors from widely varying disciplines discuss cross-cultural ethical issues and international topics ranging from American international policy and the invasion and occupation of Iraq to domestic topics such as immigration, the war on drugs, cross-cultural bioethics and ethical issues involving American Indian tribes. The culture clashes discussed in these essays raise serious questions (...) about what principles ought to inform the negotiating of conflicts in order to achieve, or at least approach, outcomes that are fundamentally just, fair, responsible, and ethical. (shrink)

Organ donation after cardiac or circulatory death (DCD) has been introduced to increase the supply of transplantable organs. In this paper, we argue that the recovery of viable organs useful for transplantation in DCD is not compatible with the dead donor rule and we explain the consequential ethical and legal ramifications. We also outline serious deficiencies in the current consent process for DCD with respect to disclosure of necessary elements for voluntary informed decision making and respect for the donor's autonomy. (...) We compare two alternative proposals for increasing organ donation consent in society: presumed consent and mandated choice. We conclude that proceeding with the recovery of transplantable organs from decedents requires a paradigm change in the ethics of organ donation. The paradigm change to ensure the legitimacy of DCD practice must include: (1) societal agreement on abandonment of the dead donor rule, (2) legislative revisions reflecting abandonment of the dead donor rule, and (3) requirement of mandated choice to facilitate individual participation in organ donation and to ensure that decisions to participate are made in compliance with the societal values of respect for autonomy and self-determination. (shrink)

The left ventricular assist device was originally designed to be surgically implanted as a bridge to transplantation for patients with chronic end-stage heart failure. On the basis of the REMATCH trial, the US Food and Drug Administration and the US Centers for Medicare & Medicaid Services approved permanent implantation of the left ventricular assist device as a destination therapy in Medicare beneficiaries who are not candidates for heart transplantation. The use of the left ventricular assist device as a destination therapy (...) raises certain ethical challenges. Left ventricular assist devices can prolong the survival of average recipients compared with optimal medical management of chronic end-stage heart failure. However, the overall quality of life can be adversely affected in some recipients because of serious infections, neurologic complications, and device malfunction. Left ventricular assist devices alter end-of-life trajectories. The caregivers of recipients may experience significant burden (e.g., poor physical health, depression, anxiety, and posttraumatic stress disorder) from destination therapy with left ventricular assist devices. There are also social and financial ramifications for recipients and their families. We advocate early utilization of a palliative care approach and outline prerequisite conditions so that consenting for the use of a left ventricular assist device as a destination therapy is a well informed process. These conditions include: (1) direct participation of a multidisciplinary care team, including palliative care specialists, (2) a concise plan of care for anticipated device-related complications, (3) careful surveillance and counseling for caregiver burden, (4) advance-care planning for anticipated end-of-life trajectories and timing of device deactivation, and (5) a plan to address the long-term financial burden on patients, families, and caregivers. Short-term mechanical circulatory devices (e.g. percutaneous cardiopulmonary bypass, percutaneous ventricular assist devices, etc.) can be initiated in emergency situations as a bridge to permanent implantation of ventricular assist devices in chronic end-stage heart failure. In the absence of first-person (patient) consent, presumed consent or surrogate consent should be used cautiously for the initiation of short-term mechanical circulatory devices in emergency situations as a bridge to permanent implantation of left ventricular assist devices. Future clinical studies of destination therapy with left ventricular assist devices should include measures of recipients' quality of end-of-life care and caregivers' burden. (shrink)

Background Requirements for organ donation after cardiac or imminent death have been introduced to address the transplantable organs shortage in the United States. Organ procurement organizations (OPOs) increasingly use the Internet for organ donation consent. Methods An analysis of OPO Web sites available to the public for enrollment and consent for organ donation. The Web sites and consent forms were examined for the minimal information recommended by the United States Department of Health and Human Services for informed consent. Content scores (...) were calculated as percentages of data elements in four information categories: donor knowledge, donor consent reinforcement, donation promotion, and informed consent. Results There were 60 Web sites for organ donation enrollment serving the 52 states. The median percent (10 percentile-90 percentile) content scores of the Web sites for donor knowledge, donor consent reinforcement, and donation promotion were 33% (20–47), 79% (57–86), and 75% (50–100), respectively. The informed consent score was 0% (0–33). The content scores for donor knowledge and informed consent were significantly lower than donor consent reinforcement and donation promotion for all Web sites (P < .05). The content scores for the four categories were similar among the 11 regions of the United Network for Organ Sharing. Conclusion The Web sites and consent forms for public enrollment in organ donation do not fulfill the necessary requirements for informed consent. The Web sites predominantly provide positive reinforcement and promotional information rather than the transparent disclosure of organ donation process. Independent regulatory oversight is essential to ensure that Internet enrollment for organ donation complies with legal and ethical standards for informed consent. (shrink)

Organ donation after cessation of circulation and respiration, both controlled and uncontrolled, has been proposed by the Institute of Medicine as a way to increase opportunities for organ procurement. Despite claims to the contrary, both forms of controlled and uncontrolled donation after cardiac death raise significant ethical and legal issues. Identified causes for concern include absence of agreement on criteria for the declaration of death, nonexistence of universal guidelines for duration before stopping resuscitation efforts and techniques, and assumption of presumed (...) intent to donate for the purpose of initiating temporary organ-preservation interventions when no expressed consent to donate is present. From a legal point of view, not having scientifically valid criteria of cessation of circulation and respiration for declaring death could lead to a conclusion that organ procurement itself is the proximate cause of death. Although the revised Uniform Anatomical Gift Act of 2006 provides broad immunity to those involved in organ-procurement activities, courts have yet to provide an opinion on whether persons can be held liable for injuries arising from the determination of death itself. Preserving organs in uncontrolled donation after cardiac death requires the administration of life-support systems such as extracorporeal membrane oxygenation. These life-support systems can lead to return of signs of life that, in turn, have to be deliberately suppressed by the administration of pharmacological agents. Finally, allowing temporary organ-preservation interventions without expressed consent is inherently a violation of the principle of respect for a person's autonomy. Proponents of organ donation from uncontrolled donation after cardiac death, on the other hand, claim that these nonconsensual interventions enhance respect for autonomy by allowing people, through surrogate decision making, to execute their right to donate organs. However, the lack of transparency and the absence of protection of individual autonomy, for the sake of maximizing procurement opportunities, have placed the current organ-donation system of opting-in in great jeopardy. Equally as important, current policies enabling and enhancing organ procurement practices, pose challenges to the constitutional rights of individuals in a pluralistic society as these policies are founded on flawed medical standards for declaring death. (shrink)

Joan McGregor argues that “colleges and universities should adopt as part of their core mission the development of skills of civil discourse” rather than engaging in the practice of restricting controversial speakers from making presentations on campuses. I agree with McGregor concerning the need for increased civil discourse. However, this does not mean universities should welcome speakers to publicly present any material they wish without restriction or oversight. In this paper, I make three main arguments: (i) Colleges (...) and universities have a duty to protect members of the campus community from the harm and exclusion resulting from hateful or harmful speech, in the same way that they must protect them from sexual assaults and concussions. (ii) In the vast majority of cases, this duty can be fulfilled by holding speakers to standards of discourse that prevail in academic debate, and insisting on a number of procedural requirements. (iii) We should be wary of conservative arguments framed in terms of free speech, because they can be deployed to undermine important functions of the university in a democratic society, namely, to teach students how to be discerning citizens, and to protect thinkers willing to be critical of the government and the ruling classes. (shrink)

The primary thesis of Terrorism and the Ethics of War is that terrorist acts are always wrong. I begin this paper by describing two views that I criticize in the book The first condemns all terrorism but applies the term in a biased way; the second defends some terrorist acts. I then respond to issues raised by the commentators. I discuss Joan McGregor’s concerns about the definition of terrorism and about how terrorism differs from other forms of violence (...) againstinnocent people. I respond to Sally Scholz’s challenges to my interpretation of innocence. She argues that soldiers can be innocent victims of terrorism and that both relationships and vulnerability are important to understanding innocence. Matthew Silliman questions my defense of utilitarianism and challenges two views that I defend: that all terrorist acts are wrong and that war can sometimes be right. I sketch brief responses to these important points. (shrink)

We show that bounded forcing axioms are consistent with the existence of -gaps and thus do not imply the Open Coloring Axiom. They are also consistent with Jensen's combinatorial principles for L at the level ω2, and therefore with the existence of an ω2-Suslin tree. We also show that the axiom we call BMM3 implies 21=2, as well as a stationary reflection principle which has many of the consequences of Martin's Maximum for objects of size 2. Finally, we give an (...) example of a so-called boldface bounded forcing axiom implying 20=2. (shrink)

This volume of Social Philosophy Today contains a selection of papers presented at the 30th International Social Philosophy Conference (2013), an annual event sponsored by the North American Society for Social Philosophy. The theme of the conference was "Food". This volume invites wider discussion of the issues explored at the conference, including food production, distribution, and consumption. Contributors include Susan Dielman, Erinn Gilson, Joan McGregor, José Medina, Andrew Pierce, and Sally Scholz.

For each natural number n, let C(n) be the closed and unbounded proper class of ordinals α such that Vα is a Σn elementary substructure of V. We say that κ is a C(n)-cardinal if it is the critical point of an elementary embedding j : V → M, M transitive, with j(κ) in C(n). By analyzing the notion of C(n)-cardinal at various levels of the usual hierarchy of large cardinal principles we show that, starting at the level of superstrong (...) cardinals and up to the level of rank-into-rank embeddings, C(n)-cardinals form a much finer hierarchy. The naturalness of the notion of C(n)-cardinal is exemplified by showing that the existence of C(n)-extendible cardinals is equivalent to simple reflection principles for classes of structures, which generalize the notions of supercompact and extendible cardinals. Moreover, building on results of Bagaria et al. (2010), we give new characterizations of Vopeňka’s Principle in terms of C(n)-extendible cardinals. (shrink)

This special issue focuses on transdisciplinarity, understood as iteratively crossing back and forth and moving among and beyond disciplinary and sectoral boundaries to solve the complex, wicked pr...

The purpose of this article is to show that the value interaction debate is deeply flawed and constitutes a superficial analysis of the relationship between morality and art. I introduce the debate, which concerns whether a moral defect in a work of art is an aesthetic defect, in Section 1. Section 2 establishes the vagueness of two key terms in the discussion, _moral defects_ and _aesthetic defects_. In Section 3, I introduce the naive assumption-uninteresting claim disjunction, identifying five of the (...) six approaches as demonstrating a fundamental naivety about the relationship between morality and narrative art. I show, in Section 4, that four of the six are philosophically uninteresting as they offer an incomplete—and ultimately unsatisfactory—explanation of this relationship. In Section 5, I discuss the quantity and quality of examples employed in the debate, many of which are non-canonical, and some of which are entirely inappropriate. I conclude by recommending a reorientation of the debate to focus on the underlying question of whether the characteristically artistic value is finally or instrumentally valuable. (shrink)