This study explored the relation between state medical liability reform measures, hospital malpractice costs, and hospital solvency. It suggests that state malpractice caps are desirable but not essential for improved hospital financial solvency or viability.

Using the theoretical approach he introduced in his acclaimed Religious Reason (Oxford, 1978), and drawing on contemporary rationalist ethical theory as well as a variety of religious traditions and issues, Ronald M. Green here provides a simple, effective model for understanding the complexity of religious life. He shows clearly and convincingly that the basic processes of religious reasoning are the same everywhere and that they give rise, in perfectly understandable ways, to the rich diversity of religious expression worldwide. (...) This is a major resource for courses in the philosophy of religion. (shrink)

The purpose of this book is to call the separation of reason and religion into question.

Would the Jewish tradition agree with Søren Kierkegaard's claim that the biblical episode of Abraham's near-sacrifice of Isaac represents a fearful "teleological suspension of the ethical"? After surveying a variety of classical Jewish sources, the author concludes that Kierkegaard's interpretation has almost no resonance within the Jewish tradition. Rather than involving a suspension of the ethical, this episode is viewed by Jewish writers as involving a moment of supreme moral responsibility on the part of both God and man. This treatment (...) of the biblical episode points up a central fact about the Jewish tradition: although Judaism is unquestionably an ethical tradition based on the divine command, it is also a tradition of human autonomy and reason. If Jews have regarded God's commands as absolute, they have also found it unthinkable that these commands should ultimately defy our human sense of right and wrong. (shrink)

The Daoist–Buddhist syncretism movement helped popularize Buddhism, which in turn enabled monks to exercise social influence. Such influence eventually contributed to the four major Buddhist persecutions in China and further shaped the development of Buddhist philosophy in East Asia. This chapter indicates the shift from Indian and Central Asian to Chinese founders, which is not only an ethnic change but a doctrinal one. The philosophies of these East Asian Mahāyāna schools and the Zhenyan tradition are described in the chapter. The (...) traditions discussed include New Sanlun, Tiantai, Huayan, Pure Land, Chan, and Faxiang traditions. (shrink)

The claim that " Everyone's doing it" is frequently offered as a reason for engaging in behavior that is widespread but less-than-ideal. This is particularly true in business, where competitors' conduct often forces hard choices on managers. When is the claim " Everyone's doing it" a morally valid reason for following others' lead? This discussion proposes and develops five prima facie conditions to identify when the existence of prevalent but otherwise undesirable behavior provides a moral justification for our engaging in (...) such behavior ourselves. The balance of the discussion focuses on testing these conditions by applying them to aseries of representative cases in business ethics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetoric and Capitalism:Rhetorical Agency as Communicative LaborRonald Walter GreeneIt is a commonplace to describe rhetorical agency as political action. From such a starting point, rhetorical agency describes a communicative process of inquiry and advocacy on issues of public importance. As political action, rhetorical agency often takes on the characteristics of a normative theory of citizenship; a good citizen persuades and is persuaded by the gentle force of the better (...) argument. More radical visions of argument might include strikes, sit-ins, and boycotts in the rhetorical arsenal of good citizenship, and some might even flirt with violence as rhetorical action. This model of rhetorical agency requires a translation of the conceptual apparatus of rhetoric and its alignment with the problematics of democratic theory and actually existing democratic regimes. Classical models that hoped to harness rhetorical agency to the making of the "orator-statesman" (sic) must reimagine political participation in terms of publics and counterpublics, social movements, electoral campaigns, communication media and technologies, as well as supra- and sub-national institutional settings. As the classical norms of citizenship rub against (post) modern realities, a permanent anxiety over the meaning and potential of rhetorical agency seems destined to be lodged in the critical imagination of rhetorical studies. If politics today is, in Jodi Dean's words, "a domain of financially mediated and professionalized practices centered on advertising, public relations, and the means of mass communication," then actually existing rhetorical agency manifests itself in efforts to "raise the money, buy the television time, register the domain names, build the website, and craft the accessible, user-friendly, spectacular message" (2003, 96).If we recognize Dean's description of the political as an accurate description of the rhetorical situation today, rhetorical studies is left with three strategies: It can refashion a deliberative vision of rhetorical agency into a normative ideal for critiquing the structural conditions (capital, media [End Page 188] concentration) of political participation. Second, it can enlarge the field of normatively acceptable ways and means of political participation, for example, by embracing the more spectacular politics associated with visual and body rhetorics. Finally, rhetorical studies can work on the "demand" side and design new strategies and tactics for activating the rhetorical participation of citizens, for example, by encouraging the creation of communicative norms necessary for reinvigorating voluntary and civic organizations. However, while each of these approaches provides a research agenda, none of them gets at the root cause of the anxiety over agency: the attachment of rhetorical agency to a vision of political change. The anxiety over agency pushes rhetorical critics and theorists into becoming moral entrepreneurs scolding, correcting, and encouraging the body politic to improve the quality and quantity of political participation.The purpose of this paper is to offer an escape route from theorizing rhetorical agency as a model of political communication.1 In opposition to a political-communicative vision of rhetorical agency, this paper suggests a different materialist ontology, one that imagines rhetorical agency as a form of living labor. I will argue that rhetorical agency belongs to the domain of communicative labor, a form of labor increasingly necessary to the workings of contemporary capitalist production. In other words, I want to replace a political-communicative model of rhetorical agency with a materialist-communicative model. To highlight the similarities and differences between the two models, I will focus on how the interface between politics, communication, and economics plays out in the Marxist tradition of rhetorical studies. I will organize this tradition into two sections: the first, represented by James Aune, advocates a hermeneutic approach to rhetorical agency, and the second, represented by Dana Cloud, argues for imagining rhetorical agency as a class-based social movement. By focusing on the work of my comrades, the paper risks being received as a "left sectarian" polemic.2 As I will demonstrate in each section, the problem with these two approaches has less to do with Marxism and more to do with how they turn to hermeneutics and social movements to imagine rhetorical agency in the idiom of communication theory. In the third section of the paper I will resituate rhetorical agency into a materialist ontology of labor and capitalist production. In so... (shrink)

Reviewing the first twenty years of publication of the "Journal of Religious Ethics", the author examines the journal's pattern of growth, its niche in the array of scholarly journals, and its prospects. The author argues that JRE coincided with and stimulated the emergence of religious ethics as an independent scholarly field. He notes that it has been a valuable resource for philosophical analyses of religious ethics, has virtually created the field of comparative religious ethics, and has provided considerable impetus for (...) historical research. On the negative side, JRE has not done as well as it might in bringing political theorists, psychologists, sociologists, and interpreters of the aesthetic into the dialogue with religious ethicists, nor has it succeeded as well as was hoped in overcoming its Christian and Western bias. (shrink)

Beginning from a basis in the theoretical analysis of comparative religious ethics provided by David Little and Sumner Twiss, this essay extends that analysis by sketching certain "benchmark" theoretical options in comparative religious ethics and by identifying certain fundamental questions which ethicists ought to address to the data supplied by descriptive studies of comparative religions. To illustrate the application of the theoretical model thus defined, the essay concludes with an analysis of selected themes in the essays by Campany, Guberman, and (...) Read in this Focus. (shrink)

When does benefiting from others’ wrongdoing effectively make one a moral accomplice in their evil deeds? If stem cell research lives up to its therapeutic promise, this question (which has previously cropped up in debates over fetal tissue research or the use of Nazi research data) is likely to become a central one for opponents of embryo destruction. I argue that benefiting from wrongdoing is prima facie morally wrong under any of three conditions: (1) when the wrongdoer is one’s agent; (...) (2) when acceptance of benefit directly encourages the repetition of the wrongful deed (even though no agency relationship is involved); and (3) when acceptance of a benefit legitimates a wrongful practice. I conclude by showing that, because of the ways in which most embryonic stem cell lines come into being, people who oppose embryo destruction may use human embryonic stem cells without incurring moral blame. (shrink)

Traces the search for evidence that Kierkegaard was familiar with the works of Kant, sparked by the observation that Kierkegaard's treatment of ethics and sin is organized exactly as Kant's treatment of the same topics, and even seems to ...

In lieu of an abstract, here is a brief excerpt of the content:Bioethics Inside the BeltwayNHGRI’s Intramural Ethics ExperimentRonald M. Green (bio)Early in 1995, the National Human Genome Research Institute (then known as the National Center for Human Genome Research) began a novel experiment. It established the Office of Genome Ethics in its Division of Intramural Research (DIR). An extramural “ELSI” funding program for research on the ethical, legal, and social implications of the Human Genome Project had been in (...) existence since 1990, and a joint Department of Energy, NIH Working Group to consider larger policy issues raised by the genome project had also been in existence since that date. But the establishment of the Office of Genome Ethics was the first effort to provide an in-house ethics service for the several hundred NHGRI genetic researchers working on the NIH campus.The experiment was also novel by NIH standards. The Clinical Center, which serves all NIH research institutes as a patient-care facility, has long had a bioethics program, but, to my knowledge, none of the 23 other institutes, centers, or divisions of the NIH had ever developed an ethics program to assist its on-campus researchers in identifying and addressing the ethical issues arising from their research. Behind this initiative lay the commitment to ethics in genetic research shared by Francis Collins, Director of NHGRI, Jeff Trent, Scientific Director of the Division of Intramural Research, and other senior scientists and administrators of the Institute.I was fortunate to be asked to serve as Director of this office. My previous experience in the federal context was limited. I had served on many NIH study sections and for a nine-month period had been a member of the Human Embryo Research Panel, but none of this amounted to an “insider’s view” of government bioethics. The preponderance of my bioethics career had transpired in the university and medical school/medical center environment.Because I had to continue to fulfill many Dartmouth commitments, I agreed to serve on an interim and half-time basis (one week in Bethesda; one week at home) for an 18-month period. I was assisted in maintaining this schedule by the appointment of a deputy, Mathew Thomas, a recent bioethics graduate of Duke University, who would serve on a full-time basis and provide continuity for our [End Page 181] work. Our objectives, established in consultation with NHGRI personnel, were to learn which functions would be most useful, to set up a program to provide them, and, eventually, to aid in the process of determining how an office like this might fit into NHGRI’s future.As this 18-month stint draws to a close, I can report that it has been an exhilarating experience. I am grateful for the opportunity to have worked with outstanding scientists in an area of growing importance and interest. I believe we have pioneered in the provision of bioethics education and counsel to a diverse group of genetic researchers. We have helped to “open the doors and windows” of the Genome Institute, facilitating two-way communication between NHGRI researchers and others interested in genetic and ethics. We have assisted with some knotty problems in genetic research while building a base of knowledge about highly specialized issues that is useful to researchers inside and outside NHGRI. What follows is an abbreviated overview and evaluation of our activities during this period.Main ActivitiesWorking with a core of interested supporters from every branch of the DIR, our office quickly established a roster of activities aimed at meeting identified needs. These included: (1) a consult service able to help investigators address urgent problems arising in their research or in the IRB review process; (2) a program of workshops and discussion groups dealing with challenging ethical issues raised by genetic research; (3) a program of public seminars bringing together NHGRI researchers and other clinicians, scientists, and scholars in the greater Washington area who are interested in genetic ethics; (4) a course on science research ethics to be offered to all NHGRI personnel; and (5) an ongoing program of research activities in genetics and ethics designed to provide depth and substance to the office’s work.ConsultationsIn an institute with scores of... (shrink)

This discussion develops six of the most important guiding principles of classical Jewish business ethics and illustrates their application to a complex recent case of product liability. These principles are: (1) the legitimacy of business activity and profit; (2) the divine origin and ordination of wealth (and hence the limits and obligations of human ownership); (3) the preeminent position in decision making given to the protection and preservation (sanctity) of human life; (4) the protection of consumers from commercial harm; (5) (...) the avoidance of fraud and misrepresentation in sales transactions; and (6)the moral requirement to go beyond the letter of the law. Although these Talmudic principles are clearly obligatory only for "Torah-obedient" Orthodox and Hasidic Jews, many Jews share a sensibility informed by them. Non-Jews, too, may be instructed by Jewish teachings about business ethics. (shrink)

In the literature of philosophy and religious ethics, Kierkegaard's Fear and Trembling has, with few exceptions, been read as a work focused on ethical questions concerning the norms governing human conduct. However, ethical readings of this book not only miss important features of the text, they render its argument internally incoherent. These problems disappear when Fear and Trembling is understood primarily as a discussion of Christian soteriology that symbolically uses the Abraham story to develop the classical Pauline -Lutheran doctrine of (...) justification through faith alone. (shrink)

The ethics of medical care and biomedical research are rapidly becoming global. This volume gathers some of the world's leading bioethicists to explore many of the new questions raised by the internationalization of medical care and biomedical research. Among the topics covered are the impact of globalization on the norms of medical ethics, the conduct of international research, the ethics of international collaborations, challenges to medical professionalism in the international setting, and the relation of religion to global bioethics.

Before curing was a possibility, medicine was devoted to the relief of suffering. Attention to the relief of suffering often takes a back seat in modern biomedicine. This book seeks to place suffering at the center of biomedical attention, examining suffering in its biological, psychological, clinical, religious, and ethical dimensions.

My contributions to the early issues of the "Journal of Religious Ethics" display the conviction that moral judgments and religious beliefs arise from complex but comprehensible operations of practical reasoning. As this conviction has continued to ground my explorations of diverse religious traditions as well as my consideration of challenges in the domain of bioethics, I have undertaken to develop a total and coherent logic of moral judgment. Much has changed, of course, in the past quarter century, and we have (...) all had to rethink the moral boundaries of human life. These changes have, however, confirmed rather than altered my sense of the importance of bringing into view the decisional basis of practical judgments--a base that is sometimes obscured by religious traditions as they reify earlier practical decisions and ignore their decisional basis. (shrink)

Bypassing the question of when "human" life begins, the author seeks to determine the moral status of the fetus directly by means of a rational theory of rights. He argues that all agents with an operative rational and moral capacity are entitled to full equal rights, while the rights of those lacking these capacities are conferred by rational, moral agents. After reviewing the general considerations that would lead rational agents to confer rights, the author concludes that these agents would probably (...) not choose to restrict their liberty of abortion by conferring substantial rights on the fetus. (shrink)

In this study Professor Michalson attempts to clarify the complex tangle of issues connected with Kant's doctrines of radical evil and moral regeneration, and to set the problems resulting from these doctrines in an interpretive framework that tries to make sense of the instability of his overall position. In his late work Religion Within the Limits of Reason Alone, Kant charts out these doctrines in a manner that represents a fresh development in his own thinking on moral and relgious matters, (...) apparently at variance with the mainstream Enlightenment outlook which Kant otherwise embodies. His position appears to amount to a retrieval of the supposedly outmoded Christian doctrine of original sin, and this ambivalence is seen to stem from his desire to do justice both to the Protestant Christian, and the Enlightenment rationalist, tradition, which weigh equally heavily upon him. In this study Professor Michalson attempts to clarify the complex tangle of issues connected with Kant's doctrines of radical evil and moral regeneration, and to set the problems resulting from these doctrines in an interpretive framework that tries to make sense of the instability of his overall position. (shrink)

It has long been recognized that Soren Kierkegaard's Fear and Trembling is a cryptogram. Encoded within a series of reflections and commentaries on Genesis 22 is a deeper message directed at a reader or readers presumably capable of deciphering the hidden meaning. That this is true is suggested by the book's epigraph: ‘What Tarquinius Superbus said in the garden by means of the poppies, the son understood but the messenger did not.’.

Global Bioethics gathers some of the world's leading bioethicists to explore many of the new questions raised by the globalization of medical care and ...

Using the theoretical approach he introduced in his acclaimed Religious Reason, and drawing on contemporary rationalist ethical theory as well as a variety of religious traditions and issues, Ronald M. Green here provides a simple, effective model for understanding the complexity of religious life. He shows clearly and convincingly that the basic processes of religious reasoning are the same everywhere and that they give rise, in perfectly understandable ways, to the rich diversity of religious expression worldwide. This is (...) a major resource for courses in the philosophy of religion. (shrink)

I respond here to the essays by Karen Lebacqz and Stephen Palmquist, beginning with my debt of gratitude to Lebacqz for her understanding of the methodological depth I try to bring to the analysis of bioethical issues. I further illustrate that observation here by reviewing the logic of my approach to the issue of wrongful life. At the same time, in connection with human genetic enhancement, I acknowledge that I may have not properly appreciated the seriousness of the problem of (...) sin. To Palmquist's assertion that my criticisms of Kant's treatments of grace miss the way Kant has confined himself to being a philosophical theologian, I argue that Kant's problem lies instead in his poor application of his own compelling insights about the depths of human sinning. I close with an appreciation of Palmquist's observation of some important points of contact between Kant's understanding of sin and that of Kierkegaard. (shrink)

On the morning of December 2, 1994, after a preceding afternoon of discussion, the Advisory Committee to the Director of the National Institutes of Health unanimously voted to approve the recommendations of the Report of the Human Embryo Research Panel. Panel members like myself who were present were elated. The vote marked the culmination of nearly a year of work. Approval of the report also represented a decisive step forward in bringing an end to a 15-year long moratorium on federally (...) funded research on the preimplantation human embryo and techniques of in vitro fertilization. (shrink)

For nearly a generation, Derek Parfit's arguments in his 1984 book Reasons and Persons have shaped debates about our moral responsibilities to future people. Struggling to accommodate Parfit's insights, philosophers and bioethicists have minimized or accentuated obligations to the future in ways that defy ordinary moral intuitions. In this issue, Robert Sparrow develops the troubling implications of the views of two leading theorists whose work favoring human genetic enhancement is influenced by Parfit. Sparrow believes they return us to the horrors (...) of early twentieth-century eugenics. But the real problem may be a purely theoretical one: the unfortunate influence of Parfit.This is no place to review all of .. (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.

This paper examines the ethical issues of conflict of interest raised by the burgeoning development of physician involvement in for-profit entrepreneurial activities outside their practice. After documenting the nature and extent of these activities, and their potential for conflicts of interest, the paper assesses the major arguments for and against physicians' referral of patients to facilities they own or in which they invest. The paper concludes that an outright ban on such activity seems ethically warranted.