Considerations of virtue and character appear from time to time in the agricultural biotechnology literature. Critics of the technologies often suggest that they are contrary to some virtue (usually humility) or do not fit with the image of ourselves and the human place in the world that we ought to embrace. In this article, I consider the aretaic or virtue-based objection that to engage in agricultural biotechnology is to exhibit arrogance, hubris, and disaffection. In section one, I discuss (...) Gary Comstock's treatment of this objection. In section two, I provide an alternative interpretation of the objection that more accurately reflects the concerns of those who offer the criticism than does Comstock's standard interpretation. In sections three and four, I assess the objection. I argue that despite its merits, the objection does not justify global opposition to agricultural biotechnology. Instead, it favors a limited endorsement position not unlike the one defended by Comstock. (shrink)

When we criticize someone for being unjust, deceitful, or imprudent -- or commend him as just, truthful, or wise -- what is the content of our evaluation? On one way of thinking, evaluating agents in terms that employ aretaic concepts evaluates how they regulate their actions (and judgment-sensitive attitudes) in light of the reasons that bear on them. On this virtue-centered view of practical reasons appraisal, evaluations of agents in terms of ethical virtues (and vices) are, 'inter alia', evaluations (...) of them as practical reasoners. Here I consider and respond to an objection that threatens to debunk the virtue-centered view. (shrink)

This paper defends the claim that there is deontic knowledge - knowledge of rightness and wrongness - which can be inferred from aretaic knowledge - knowledge of the possession of virtue-attributes. In doing so, it seeks to address two forceful objections, identified at the outset. The first is that the only way of making the claim appear plausible is by assuming a practice of virtue-ascription which actually makes the reverse inference. The second objection is that there is that (...) "aretaic cognitivism" will face a familiar non-cognitivist challenge - that the cognitivist must choose between an "intuitionism" and a "naturalism", against both of which there are well-known attacks - and that there is no reason to believe that this challenge can be met any more readily than by a direct deontic cognitivism. After a first section in which I outline a certain weak sense of the term "norm" in which our actions are often normatively guided, the defence of aretaic cognitivism begins with a schematic expression of the practical norms which are central to a number of important moral virtues. Guidance by any one of the schematized norms is not sufficient to guarantee the virtuousness of an action, because there may be countervailing applications of competing practical norms. However, aretaic knowledge does not require knowledge that there are no such countervailing considerations - and what it does require can apparently be satisfied. Therefore, I argue, both objections can be met: there are at least some circumstances in which our possession of aretaic knowledge does not depend on the possession of deontic knowledge, and since it does not, there is a way between the horns of the non-cognitivist's dilemma. (shrink)

It is, I suggest, unclear whether any old inanimate objects deserve to be treated with respect simply because they are old. Yet this does not entail that an object’s age has no bearing at all on the question of how it may permissibly be treated. I defend the claim that those who fail to take seriously the histories of old inanimate objects typically deserve to be criticized on aretaic grounds. Such people, I argue, tend to lack the virtue of (...) humility. (shrink)

Justice is a natural virtue. Well-functioning humans are just, as are well-ordered human societies. Roughly, this means that in a well-ordered society, just humans internalize the laws and social norms (the nomoi)--they internalize lawfulness as a disposition that guides the way they relate to other humans. In societies that are mostly well-ordered, with isolated zones of substantial dysfunction, the nomoi are limited to those norms that are not clearly inconsistent with the function of law--to create the conditions for human flourishing. (...) In a radically dysfunctional society, humans are thrown back on their own resources--doing the best they can in circumstances that may require great practical wisdom to avoid evil and achieve good. Justice is naturally good for humans--it is part and partial of human flourishing. All of these are natural ethical facts. "Natural Justice" develops these claims in four stages. Part I contextualizes the claim that justice is a natural virtue in relationship to David Hume's famous argument about deriving ought from is, G. E. Moore's open-question argument, and the so-called fact-value distinction. The upshot of the discussion in part I is the claim that there are no clearly decisive objections to existence of natural ethical facts. Part II traces the movement from neo-Aristotelian virtue ethics to virtue jurisprudence by articulating a theory of the judicial virtues. Among these are the virtues of practical wisdom and of justice. Practical wisdom or phronesis is best understood on the model of moral vision, which in the context of law is legal vision or situation sense. The virtue of justice is best understood as lawfulness. Just humans are law-abiding or nomimos--in that they internalize the widely shared and deeply held social norms of their social groups. This part concludes with the claim that a legally correct decision is the decision that characteristically would be rendered by a fully virtuous judge under the circumstances of the case. Part III argues that natural justice can be understood on the model of natural goodness as articulated in the work of Philippa Foot and Michael Thompson. The intuitive idea is that justice as lawfulness is naturally good for reason--using social creatures in human circumstances. This part also articulates and responds to a variety of objections. Part IV concludes by articulating the sense in which an aretaic theory of law that incorporates a natural virtue of justice as lawfulness can be viewed as an expression of the natural law tradition. The natural law idea that an unjust enactment is not a true law corresponds to two senses in which positive laws can fail to be nomoi (in the technical sense specified by virtue jurisprudence). First, a given enactment may contravene deeply held and widely shared social norms. Second, such enactments may be fundamentally inconsistent with the purpose of law--the promotion of human flourishing. (shrink)

Virtue Reliabilism and Virtue Responsibilism are two theories within the enterprise of Virtue Epistemology. The former considers virtues to be those competences whose reliability is what confers justification on its product beliefs. The latter considers virtues as being those deep-seated intellectual traits that are part of a person's very character, and so when such virtues are possessed and exercised by an agent, they achieve beliefs that are justified via being the products of virtue. Both theories face difficult objections, however. Virtue (...) reliabilism is challenged by the generality problem which claims that since justification is determined by how reliable the belief-forming process is, what we have to do to figure out just how reliable a process is will be by coming up with a proper description of the relevant process. However, there is no principled way to come up with such descriptions in order to determine the correct level of generality regarding the description of a belief-forming process. Virtue responsibilism is challenged by the situationist critique which claims that virtues do not do the kind of work we think they do. Rather, when agents morally and intellectually act in praiseworthy ways, their success is due to situational features of their experience and not to anything like what we think of as virtue. What both problems have in common is that they require their respective target theories to come up with explanations that accurately describe what's going on when people get things right epistemically. As such, virtue reliabilism and virtue responsibilism both face the same sort of problem. In this dissertation, I attempt to provide a contextual response to the generality problem that doesn't solve that problem per se, but suggests that the problem itself is problematic. In requiring the reliabilist to come up with a universal principle(s) that allows the epistemic practitioner to determine the relevant description for reliable belief-forming processes, the proponent of the generality problem assumes that processes are relevantly alike in all instances of belief formation. But our epistemic practices show otherwise. Indeed, standards for belief justification vary between different situations and contexts. Some contexts have quite stringent standards regarding how reliable a process must be in order to be considered reliable enough while other contexts are not so stringent. As such, that there could be some universal standard or principle for process description is impossible. This dissertation argues for a contextual resolution to the generality problem. Furthermore, it argues that the Virtue Reliabilism of Ernest Sosa seems to have embedded in it a very congenial affinity to attributor contextualism. In light of (i) those arguments, (ii) the similar contextual nature of neo-Aristotelian aretaic thought, (iii) as well as the similarity of the situationist critique to the generality problem, a similar contextual response to that critique is then offered. (shrink)

The paper introduces a virtue-theoretic critique of recent “prosocial” revisions of shareholder primacy. The paper aims at widening the scope of virtue-based business ethics beyond its nearly exclusive focus on the character and virtue of managers, employees, and organizations. In contrast to MacIntyre-inspired research, the paper takes a “good intentions” approach that looks squarely at shareholders, regarding them as real people (not algorithms or institutions) occupying distinctive roles as principals of firms who are, ideally, virtuous moral agents. It is argued (...) that virtue ethics can play a part in questioning normative features of shareholder primacy and the objective function of the firm. Probing deeper than prudential and instrumental concerns, the paper poses normative questions about interpreting shareholder motivations: what _ought_ shareholders to prefer/want/desire?; _ought_ shareholders to desire profit maximization versus profit satisficing?; _ought_ shareholders to prefer other, prosocial goals, alongside of wealth?; should self-interested motivation in profit-seeking be considered virtuous? To lend focus, the paper taps Hart and Zingales’ recently revised “pro-social” version of shareholder primacy, as well as Munger and Russell’s analysis of “virtuous profit-seekers,” as normative frames of reference. Doing so enables a critical engagement with their respective accounts from the standpoint of virtue theory. Taking a “virtuous shareholders” perspective provides an aretaic standpoint, one that is appropriate, given that shareholders care about matters of justice and the common good. Shareholders are not simply concerned about making money. Hence it is the moral intentions and motivations of ideally virtuous shareholders which ought to modulate the profit-seeking activities of shareholders in accordance with maximizing their welfare. (shrink)

This paper originally expands the orthodox conception of moral blameworthiness to account for blameworthiness for conduct and outcomes across normative domains, showcases the account’s power to explain epistemic blameworthiness for behavior and belief in particular, and highlights the account’s significance for theorizing about normativity and responsibility. Notably, the account challenges the prevailing polarization between deontic, axiological, and aretaic approaches to moral and epistemic normativity by suggesting that these so-called “competitors” serve as cooperators in explaining responsibility. The account also highlights (...) the way forgotten Socratic conceptions of epistemic normativity, which put forth epistemic duties to behave instead of more fashionable duties to believe, play a central role in explaining epistemic responsibility. By proposing this paradigm shift from belief-centered to behavior-centered theorizing about epistemic normativity and responsibility, the account reveals the doxastic freedom problem to be a pseudo-problem. The paper answers an objection to this approach to the problem raised by Neil Levy in this journal, an objection which has important implications for cases of culpable ignorance. The paper challenges the standard view of such cases that moral blameworthiness for ignorant conduct requires doxastic blameworthiness for ignorant belief. (shrink)

Historically associated with military service, conscientious objection has become a significant phenomenon in health care. Mark Wicclair offers a comprehensive ethical analysis of conscientious objection in three representative health care professions: medicine, nursing and pharmacy. He critically examines two extreme positions: the 'incompatibility thesis', that it is contrary to the professional obligations of practitioners to refuse provision of any service within the scope of their professional competence; and 'conscience absolutism', that they should be exempted from performing any action (...) contrary to their conscience. He argues for a compromise approach that accommodates conscience-based refusals within the limits of specified ethical constraints. He also explores conscientious objection by students in each of the three professions, discusses conscience protection legislation and conscience-based refusals by pharmacies and hospitals, and analyzes several cases. His book is a valuable resource for scholars, professionals, trainees, students, and anyone interested in this increasingly important aspect of health care. (shrink)

Conscientious objection in health care is a form of compromise whereby health care practitioners can refuse to take part in safe, legal, and beneficial medical procedures to which they have a moral opposition (for instance abortion). Arguments in defense of conscientious objection in medicine are usually based on the value of respect for the moral integrity of practitioners. I will show that philosophical arguments in defense of conscientious objection based on respect for such moral integrity are extremely (...) weak and, if taken seriously, lead to consequences that we would not (and should not) accept. I then propose that the best philosophical argument that defenders of conscientious objection in medicine can consistently deploy is one that appeals to (some form of) either moral relativism or subjectivism. I suggest that, unless either moral relativism or subjectivism is a valid theory—which is exactly what many defenders of conscientious objection (as well as many others) do not think—the role of moral integrity and conscientious objection in health care should be significantly downplayed and left out of the range of ethically relevant considerations. (shrink)

Patients in Quebec can legally obtain medical assistance in dying (MAID) if they are able to give informed consent, have a serious and incurable illness, are at the end of their lives and are in a situation of unbearable suffering. Since the Supreme Court of Canada’s 2015 Carter decision, access to MAID, under certain conditions, has become a constitutional right. Quebec physicians are now likely to receive requests for MAID from their patients. The Quebec and Canadian laws recognize a physician’s (...) right to conscientious objection, but this right is contested both in the medical ethics literature and in the public sphere. This paper presents the results of a qualitative study conducted with twenty Quebec physicians who did not integrate MAID into their medical practice, either because they were opposed to or deeply ambivalent about MAID. The interviews aimed to explore the reasons – religious and secular – for opposition to or ambivalence towards MAID. The secular reasons given by participants were grouped into four main categories: 1) the ends of medicine and professional identity, 2) the philosophy of palliative medicine and resource allocation in palliative care, 3) benevolent paternalism, the “good death”, and the interests of future selves, 4) the risk of a slippery slope and the protection of vulnerable people. (shrink)

Many philosophers, both past and present, object to materialism not from any romantic anti-scientific bent, but from sheer inability to understand the thesis. It seems utterly inconceivable to some that qualia should exist in a world which is entirely material. This paper investigates the grain objection, a much neglected argument which purports to prove that sensations could not be brain events. Three versions are examined in great detail. The plausibility of the first version is shown to depend crucially on (...) whether one holds a direct or non-direct theory of perception. Only on the latter is this version plausible. An analysis of the second "semantic" version concludes that a materialist description and explanation of the world should not be expected to transparently convey all that would be of interest or importance to human beings. The final version explicitly makes use of Grover Maxwell's non-direct perceptual theory of structural realism. Although a confusion is charged to Maxwell between phenomenal and objective properties, the critical difficulty for the grain objection is its failure to characterize "structure" from a non-percipient point of view. As the grain objection is ultimately found wanting, the real difficulty for materialism crystallizes as its irreconciliability with the mere existence of sentience, which seems to force some sort of emergence upon us. (shrink)

According to modal empiricism, our justification for believing possibility and necessity claims is a posteriori. That is, experience does not merely play an enabling role in modal justification; it isn’t simply that experience explains how, say, we acquire the relevant concepts. Rather, the view is that modal claims answer to the tribunal of experience in roughly the way that claims about quarks and quails answer to it. One serious objection to modal empiricism is the problem of empirical conservativeness: it (...) doesn’t seem that experience can distinguish between modal claims. And if experience can’t manage that, it’s hard to see how it can provide evidence for one claim over the other. So if modal empiricism is true, we ought to be modal skeptics. On the assumption that we shouldn’t be modal skeptics, we should reject modal empiricism. I have two aims here: first, to reply to this objection to modal empiricism; second, to sketch a modal epistemology that fits with the reply I offer. (shrink)

Is conscientious objection necessarily incompatible with the role and duties of a healthcare professional? An influential minority of writers on the subject think that it is. Here, we outline...

The contentious, topical debate about whether faith-based health care organizations should be granted accommodation on the basis of institutional conscientious objection to medical assistance is dying (MAiD) is addressed through a comparative analysis of arguments on both sides of the issue that references such relevant considerations as: claimed ‘moral-authority’, competing rights-based claims, obligations arising from patient welfare principles, formal justice, dissimilarity in consequences, and two illustrative arguments from analogy. The analysis leads to the conclusion that nonconditional accommodation on the (...) basis of institutional conscientious objection to MAiD is not ethically acceptable in Canada. A compromise mechanism, consisting of a suggested set of pragmatic conditions, is proposed that could effectively balance the competing moral responsibilities that arise from this conclusion and a core assumption of the paper, i.e., that some dominant faith-based health institutions can legitimately request, and expect, that provincial/territorial governments pay them a measure of respect in their operational, health-care-delivery decision making because of these institutions’ long history of providing high quality, health care in Canada. It is further suggested that provincial/territorial governments only allow large, publicly funded, faith-based health care organizations to enact a conditional version of accommodation on the basis of institutional conscientious objection to MAiD in circumstances where the organization has entered into a formal agreement with the relevant health department to meet the proposed, compromise conditions (or a relevantly-similar set of conditions). (shrink)

A common objection to divine command meta-ethics is the horrendous deeds objection. Critics object that if DCM is true, anything at all could be right, no matter how abhorrent or horrendous. Defenders of DCM have responded by contending that God is essentially good: God has certain character traits essentially, such as being loving and just. A person with these character traits cannot command just anything. In recent discussions of DCM, this ‘essential goodness response’ has come under fire. Critics (...) of DCM have offered various objections to the essential goodness response. This paper responds to these critics. I examine and refute six such objections: the objection from counterpossibles, the objection from omnipotence, the objection from requirements of justice, the objection from God’s moral grounding power, the objection from evil and indifferent deities, and the epistemological objection. I will maintain that despite all that has been said about the horrendous deeds objection in recent analytic philosophy, the horrendous deeds argument is still a bad argument. (shrink)

According to a common view, sentience is necessary and sufficient for moral status. In other words, whether a being has intrinsic moral relevance is determined by its capacity for conscious experience. The _epistemic objection_ derives from our profound uncertainty about sentience. According to this objection, we cannot use sentience as a _criterion_ to ascribe moral status in practice because we won’t know in the foreseeable future which animals and AI systems are sentient while ethical questions regarding the possession of (...) moral status are urgent. Therefore, we need to formulate an alternative criterion. I argue that the epistemic objection is dissolved once one clearly distinguishes between the question what determines moral status and what criterion should be employed in practice to ascribe moral status. Epistemic concerns are irrelevant to the former question and—I will argue—criteria of moral status have inescapably to be based on sentience, if one concedes that sentience determines moral status. It follows that doubts about our epistemic access to sentience cannot be used to motivate an alternative criterion of moral status. If sentience turns out to be unknowable, then moral status is unknowable. However, I briefly advocate against such strong pessimism. (shrink)

Anne Conway disagrees with substance dualism, the thesis that minds and bodies differ in nature or essence. Instead, she holds that “the distinction between spirit and body is only modal and incremental, not essential and substantial”. Yet several of her arguments against dualism have little force against the Cartesian, since they rely on premises no Cartesian would accept. In this paper, I show that Conway does have at least one powerful objection to substance dualism, drawn from premises that Descartes (...) seems bound to accept. She argues that two substances differ in nature only if they differ in their “original and peculiar” cause ; yet all created substances have the same original and peculiar cause; so, all created substances have the same nature. As I argue, the Cartesian is under a surprising amount of pressure to accept Conway’s argument, since its key premise is motivated by a conception of substance similar to one endorsed by Descartes in his Principles of Philosophy. (shrink)

Political liberalism offers perhaps the most developed and dominant account of justice and legitimacy in the face of disagreement among citizens. A prominent objection states that the view arbitrarily treats differently disagreement about the good, such as on what makes for a good life, and disagreement about justice. In the presence of reasonable disagreement about the good, political liberals argue that the state must be neutral, but they do not suggest a similar response given reasonable disagreement about what justice (...) requires. A leading political liberal, Jonathan Quong, has recently offered a rebuttal to this asymmetry objection. His reply rests on an innovative distinction between justificatory and foundational disagreement. Quong claims that disagreements about justice in a well ordered society are justificatory while disagreements about the good are foundational, and suggests that this fact blocks the asymmetry objection. We assess Quong's solution and argue that it fails to justify legitimate state action on matters of justice but not the good. We conclude that the asymmetry objection continues to undermine political liberalism. (shrink)

Benjamin Zolf, in his recent paper ‘No conscientious objection without normative justification: Against conscientious objection in medicine’, attempts to establish that in order to rule out arbitrary conscientious objections, a reasonability constraint is necessary. This, he contends, requires normative justification, and the subjective beliefs that ground conscientious objections cannot easily be judged by normative criteria. Zolf shows that the alternative of using extrinsic criteria, such as requiring that unjustified harm must not be caused, are likewise grounded on normative (...) criteria. He concludes that conscientious objection is therefore untenable. Here, I present an alternative account, based on the value we are willing to place on conscientious objection as an expression of freedom of conscience and religion. Using an extrinsic criterion such as harm, we can make a judgement of what degree of harm should be tolerated as the cost of permitting conscientious objection. A normative criterion for judging individual claims is therefore not required. (shrink)

In recent years, interest in pre-reflective self-consciousness has increased significantly. One of the central points of inquiry is whether pre-reflective self-consciousness ubiquitously accompanies phenomenal consciousness. This paper explores a phenomenological justification for the thesis that pre-reflective self-consciousness ubiquitously accompanies phenomenal consciousness. Allegedly, the ubiquity of pre-reflective self-consciousness can be proved on the basis of phenomenological description. The aim of this paper is to develop a new objection against this justification of the ubiquity thesis.

This chapter determines a major empirical hurdle for any future discipline of memetics. It mainly shows that one can find very similar copies of some cultural item, link these copies through a causal chain of events which faithfully reproduced those items, and nevertheless not have an example of memetic inheritance. In addition, the stability of cultural patterns is proof that fidelity in copying is high despite individual variations. It is also believed that what is offered as an explanation is precisely (...) what needs to be explained; what is offered as a solution is in fact the very problem to be solved. Moreover, the issue is whether the relative stability observed in cultural transmission is proof of replication. The example of the acquisition of language is briefly addressed. The Darwinian model of selection is informative, and in various ways, for thinking about culture. Imitation is of course well worth investigating. On the other hand, the grand project of memetics is misled. (shrink)

In jurisdictions where voluntary assisted dying is legal, eligibility assessments, prescription and administration of a VAD substance are commonly performed by senior doctors. Junior doctors’ involvement is limited to a range of more peripheral aspects of patient care relating to VAD. In the Australian state of Victoria, where VAD has been legal since June 2019, all health professionals have a right under the legislation to conscientiously object to involvement in the VAD process, including provision of information about VAD. While this (...) protection appears categorical and straightforward, conscientious objection to VAD-related care is ethically complex for junior doctors for reasons that are specific to this group of clinicians. For junior doctors wishing to exercise a conscientious objection to VAD, their dependence on their senior colleagues for career progression creates unique risks and burdens. In a context where senior colleagues are supportive of VAD, the junior doctor’s subordinate position in the medical hierarchy exposes them to potential significant harms: compromising their moral integrity by participating, or compromising their career progression by objecting. In jurisdictions intending to provide all health professionals with meaningful conscientious objection protection in relation to VAD, strong specific support for junior doctors is needed through local institutional policies and culture. There are no data in this work. (shrink)

What is the relation between a clay statue andthe lump of clay from which it is made? According to the defender of the standardaccount, the statue and the lump are distinct,enduring objects that share the same spatiallocation whenever they both exist. Suchobjects also seem to share the samemicrophysical structure whenever they bothexist. This leads to the standard objection tothe standard account: if the statue and thelump of clay have the same microphysicalstructure whenever they both exist, how canthey differ in (...) their de re temporalproperties, de re modal properties and soon? In this paper I develop amereological answer to this question – thestatue and the lump differ with respect totheir parts and this explains theirdifference with respect to de re temporalproperties, de re modal properties andthe like. (shrink)

The normativity objection challenges normative naturalism by arguing that we have a distinctive cognitive experience when making normative judgements, finding ourselves in touch with some action-guiding authority issuing demands from outside, and that this cannot be explained naturalistically. An increasing number of naturalists have defended their position by adopting the coloring strategy, which aims to explain away the need for positing a special property and contends that the normative feel results from the intricate work of our mind which colors (...) the world. In this paper, I critically review the extant strategies and consider what the most plausible form of the strategy would look like. I further argue that even the strategy in its most plausible form faces serious problems, that it lacks positive motivation, that it is self-defeating, and that it may well be unnecessary in the first place. As a result, the coloring strategy as a response to the normativity objection should be rejected, though it may have merits in intramural debates among naturalists. (shrink)

Freedom of conscience is a core element of human rights respected by most European countries. It allows abortion through the inclusion of a conscience clause, which permits opting out of providing such services. However, the grounds for invoking conscientious objection lack clarity. Our aim in this paper is to take a step in this direction by carrying out a systematic review of reasons by midwives and nurses for declining, on conscience grounds, to participate in abortion. We conducted a systematic (...) review of ethical arguments asking, “What reasons have been reported in the argument based literature for or against conscientious objection to abortion provision by nurses or midwives?” We particularly wanted to identify any discussion of the responsibilities of midwives and nurses in this area. Search terms were conscientious objection and abortion or termination and nurse or midwife or midwives or physicians or doctors or medics within the dates 2000–2016 on: HEIN legal, Medline, CINAHL, Psychinfo, Academic Search Complete, Web of Science including publications in English, German and Dutch. Final articles were subjected to a rigorous analysis, coding and classifying each line into reason mentions, narrow and broad reasons for or against conscientious objection. Of an initial 1085 articles, 10 were included. We identified 23 broad reasons, containing 116narrow reasons and 269 reason mentions. Eighty one narrow reasons argued in favour of and 35 against conscientious objection. Using predetermined categories of moral, practical, religious or legal reasons, “moral reasons” contained the largest number of narrow reasons. The reasons and their associated mentions in this category outnumber those in the sum of the other three categories. We identified no absolute argument either for or against conscientious objection by midwives or nurses. An invisibility of midwives and nurses exists in the whole debate concerning conscientious objection reflecting a gap between literature and practice, as it is they whom WHO recommend as providers of this service. While the arguments in the literature emphasize the need for provision of conscientious objection, a balanced debate is necessary in this field, which includes all relevant health professionals. (shrink)

Abstract -/- Libertarians typically believe that we are morally responsible for the choices (or decisions) we make only if those choices are free, and our choices are free only if they are neither caused nor nomically necessitated by antecedent events. Recently, there have been a number of attempts by philosophers to refute libertarianism by arguing that because a libertarianly free decision (choice) is both causally and nomically undetermined, which decision an agent makes in a deliberative situation is a matter of (...) luck, which implies (due to the way these philosophers use 'luck') that the agent does not have control over which decision he makes. This argument has been dubbed "the Argument from Luck" or "the Luck Objection" against libertarianism – henceforth 'LO'. In this paper, we examine some versions of LO as reflected in the works of Alfred Mele (2006), Neil Levy (2011), and Peter van Inwagen (2000, 2011). We argue that libertarians have nothing to fear from LO. Deep down the objection reflects a failure, on the part of its proponents, really to come to grips with the libertarian position. (shrink)

In 2016, the Supreme Court of Canada legalized medical assistance in dying in Canada. Similar to jurisdictions where this has been a more long-standing option for end-of-life care, the Supreme Court’s decision in Canada included a caveat that no healthcare provider could be compelled to participate in medical assistance in dying. The Canadian Nurses Association, in alignment with numerous ethical guidelines for healthcare providers around the globe, maintains that nurses may opt out of participation in medical assistance in dying if (...) they conscientiously object to this procedure. The realities of implementing medical assistance in dying are still unfolding. One area that has received little attention in the literature thus far is the ability of nurses who aid with, rather than administer, medical assistance in dying to conscientiously object. This is particularly significant in rural and remote areas of Canada where geographic dispersion and limited numbers of nursing staff create conditions that limit the ability to transfer care or call on a designated team. Exercising conscientious objection to medical assistance in dying in rural and remote areas, by way of policies developed with an urban focus, is one example of how the needs of rural nurses and patients may not be met, leading to issues of patient access to medical assistance in dying and retention of nursing staff. To illustrate the complexities of nurses’ conscientious objection to medical assistance in dying in a rural setting, we apply an ethical decision-making framework to a hypothetical case scenario and discuss the potential consequences and implications for future policy. Realizing that conscientious objection may not be a viable option in a rural or remote context has implications for not only medical assistance in dying, but other ethically sensitive healthcare services as well. These considerations have implications for policy in other jurisdictions allowing or considering medically assisted deaths, as well as other rural and remote areas where nurses may face ethical dilemmas. (shrink)

The past decade has seen a burgeoning of scholarly interest in conscientious objection in health care. Specifically, several commentators have discussed the implications that conscientious objection has for the delivery of timely, efficient, and nondiscriminatory medical care. In this paper, I discuss the main argument put forward by the most prominent critics of conscientious objection—what I call the Professional Duty Argument or PDA. According to proponents of PDA, doctors should place patients’ well-being and rights at the center (...) of their professional practice. Doctors should be prepared to set their personal moral or religious beliefs aside where these beliefs conflict with what is legal and considered good medical practice by relevant professional associations. Conscientious objection, on this account, should be heavily restricted, if even allowed at all. I discuss two powerful objections against PDA. The first objection, which I call the fallibility objection, notes that law and professional codes of conduct are fallible guides for ethical conduct and that conscientious objection has in the past and continues today to provide a check on aberrations in law and professional convention. The second, which I call the professional discretion objection, states that restrictions on conscientious objection undermine one of the cornerstones of good medical practice, namely, a practitioner’s right to independent professional judgment. I argue that these two objections give us reason to retain conscience clauses in professional codes of conduct. (shrink)

For a long time many philosophers felt the incoherence objection was a decisive objection to rule-consequentialism, but that position has recently become less secure, because Brad Hooker has offered a clever new way for rule-consequentialists to avoid the incoherence objection. Hooker’s response defeats traditional forms of the incoherence objection, but this paper argues that another version of the problem remains. Several possible solutions fail. One other does not, but it introduces other problems into the theory. I (...) conclude that the new incoherence objection still poses a major challenge to rule-consequentialism, though not for the reasons usually assumed. It does not constitute a fatal objection to rule-consequentialism but instead highlights a theoretical drawback in the theory which must be taken into account during a more holistic evaluation of rule-consequentialism and its rivals. (shrink)

Official tolerance of those who have a principled objection to serving in all wars, and refuse to fight, is well established in most Western states. Conscientious objectors of this sort are excused...

A dogma accepted in many ethical, religious, and legal frameworks is that the reasons behind conscientious objection (CO) in healthcare cannot be evaluated or judged by any institution because conscience is individual and autonomous. This paper shows that this background view is mistaken: the requirement to reveal and explain the reasons for conscientious objection in healthcare is ethically justified and legally desirable. Referring to real healthcare cases and legal regulations, this paper argues that these reasons should be evaluated (...) either ex ante or ex post and defends novel conceptual claims that have not been analyzed in the debates on CO. First, a moral threshold requirement: CO is only justified if the reasons behind a refusal are of a moral nature and meet a certain threshold of moral importance. Second, this paper considers the rarely discussed conceptual similarities between CO in healthcare and the legal regulations concerning military refusals that place the burden of proof on conscientious objectors. This paper concludes that conscientious objection in healthcare can be accommodated only in some cases of destroying or killing human organisms. (shrink)