Analyses are given of the concepts of absolute and prima facie obligation. The former is a maximizing analysis: roughly, one ought absolutely to perform those actions which are performed in the best worlds accessible to one. The latter analysis is roughly this: one ought prima facie to perform those actions which are such that those accessible worlds in which they are performed are better than the closest accessible worlds in which they are not performed. Accounts of (...) conditional obligation, both absolute and prima facie, are also given, and the issue of the detachment of unconditional from conditional obligation is addressed. (shrink)

This paper presents a nonmonotonic deontic logic based on commonsense entailment. It establishes criteria a successful account of obligation should satisfy, and develops a theory that satisfies them. The theory includes two conditional notions of prima facie obligation. One is constitutive; the other is epistemic, and follows nonmonotonically from the constitutive notion. The paper defines unconditional notions of prima facie obligation in terms of the conditional notions.

In this note it is argued that professor jaakko hintikka's explication of the notion of a 'prima facie obligation' within the framework of deontic logic must be regarded as unsatisfactory. since our world is not morally (or 'deontically') perfect, hintikka's proposal seems to have the absurd consequence that everything is a prima facie obligation.

Este artículo examina algunos de los problemas que presenta el tratamiento lógico de las obligaciones prima facie en la obra de Carlos Alchourrón. Por una parte, señalaremos que su sistema para los condicionales derrotables DFT no formaliza adecuadamente la noción intuitiva de condición contribuyente que Alchourrón utiliza para elucidar la de condicional derrotable. Por otra parte, argumentaremos que la noción de deber prima facie de David Ross no queda adecuadamente formalizada en el sistema AD de lógica (...) deóntica que Alchourrón construye como una extensión de DFT. This paper deals with some problems concerning the logical treatment of prima facie obligations in the work of Carlos Alchourrón. On the one hand, we will argue that his DFT system for defeasible conditionals does not adequately formalize the intuitive notion of contributory condition used by Alchourrón to elucidate the notion of defeasible conditional. On the other hand, we will argue that David Ross' notion of prima facie duty is not adequately formalized in Alchourrón' s deontic system AD, an extension of his DFT logic. (shrink)

Some conservation biologists invoke the concept of ‘genetic integrity,’ which they generally assume is a good worth preserving without explicit justification. We examine the question of whether or not there is a prima facie duty to preserve genetic integrity in conservation biology. We examine several possible justifications for the potential duty found in the conservation biology literature. We argue, contra a dominant trend of thought in conservation biology, that there is no prima facie duty to preserve (...) genetic integrity and that any moral obligation to preserve genetic integrity in specific cases is merely derivative of other possible duties. (shrink)

Responding to my paper Bribery Tom Carson argues that bribe takers violate promisory obligations in a wider range of cases than I acknowledge and insists that bribe taking is prima facie wrong in all contexts. I argue that he is wrong on both counts.

Kieran Oberman argues that there is no such thing, in realistic circumstances, as an optional war, i.e. a war that it is permissible for a state to wage, but not obligatory. Regarding a central kind of war – humanitarian intervention – this is due to what Oberman calls the Cost Principle, which says that states may not impose humanitarian costs on their citizens that those citizens do not have independent humanitarian obligations to meet. Essentially, this means that if the (...) seriousness of a humanitarian crisis is sufficient to justify imposing a certain level of cost, it must be serious enough to ground a genuine obligation to intervene. This paper offers three cases where, even if we accept the Cost Principle, war may be reasonably described as optional. These include the state’s moral relationship to amassing support for voluntary contributions to a war that would otherwise exceed the threshold established by Cost Principle (the Voluntary War); a war where it is uncertain whether costs will exceed the threshold (the Forever War); and two wars whose costs would individually fall below the threshold, but which would collectively fall above it. While none of these examples is conclusive, I conclude that Oberman must defend some further, contestable moral claims to establish that the optional humanitarian war is a myth. The Cost Principle alone does not get us there. (shrink)

The aim of this paper is to strengthen the point made by Horty about the relationship between reason holism and moral particularism. In the literature prima facie obligations have been considered as the only source of reason holism. I strengthen Horty’s point in two ways. First, I show that contrary-to-duties provide another independent support for reason holism. Next I outline a formal theory that is able to capture these two sources of holism. While in simple settings the (...) proposed account coincides with Horty’s one, this is not true in more complicated or “realistic” settings in which more than two norms collide. My chosen formalism is so-called input/output logic. A bottom-line example is introduced. It raises the issue of whether the conventional wisdom is right in assuming that normative reasons run parallel to epistemic ones. (shrink)

The principal aim of this book is to develop and defend an analysis of the concept of moral obligation. The analysis is neutral regarding competing substantive theories of obligation, whether consequentialist or deontological in character. What it seeks to do is generate solutions to a range of philosophical problems concerning obligation and its application. Amongst these problems are deontic paradoxes, the supersession of obligation, conditional obligation, prima facie obligation, actualism and possibilism, dilemmas, supererogation, and cooperation. By virtue of (...) its normative neutrality, the analysis provides a theoretical framework within which competing theories of obligation can be developed and assessed. This study is a major contribution to metaethics that will be of particular interest to all philosophers concerned with normative ethical theory. (shrink)

Is there a prima facie obligation to produce additional individuals whose lives would be worth living? In his paper ‘Is it Good to Make Happy People?’, Stuart Rachels argues not only that there is, but, also, that precisely as much weight should be assigned to the quality of life that would be enjoyed by such potential persons, if they were to be actualized, as to the quality of life enjoyed by actually existing persons. In response, I shall argue, (...) first, that Rachels’ view is exposed to very serious objections, and secondly, that his arguments in support of his position involve a crucial assumption, which cannot be sustained, concerning the relation between, on the one hand, propositions about good‐making and bad‐making properties, and, on the other, propositions about right‐making and wrong‐making ones. I shall then argue that there is a very plausible position concerning the conditions under which an action can be morally wrong which entails the following asymmetry: there is a prima facie obligation not to bring into existence individuals whose lives are not worth living, but there is no corresponding obligation to create additional individuals whose lives would be worth living. (shrink)

In Horton’s All or Nothing Problem, the agent has three options: a permissible act that saves no one, a wrongful act that saves only one child, or a supererogatory act that saves two children. Some may argue that if the agent is not going to save two children, she should save none rather than just one. However, this conclusion is counterintuitive. Although there are many proposed solutions to this problem, none of them provides a fully satisfactory answer. In this article, (...) I argue that it is plausible to accept the Individualist Obligation Principle according to which, the agent is morally permitted to fulfill a _prima facie_ obligation to save an individual in grave peril, provided that doing so demonstrates a substantial engagement with the individualized obligations to each individual involved. (shrink)

PRESCRIPTIVE EXPLICATION OF THE NORMATIVITY OF MEANING THESIS The aim of this paper is to analyse prescriptive interpretations of the thesis that meaning is normative, which was introduced by Saul Kripke and later developed by Paul Boghossian. We are going to show that meaning prescriptivism is counter-intuitive and has implausible consequences. Attempts to save prescriptive interpretations by appealing to prima facie obligations or „normativity of judgment” are unsuccessful.

This paper develops a novel approach to the question of the normativity of logic, which we reinterpret as a clash between two intuitions: the direct normativity intuition and the unfeasibility intuition. The standard response has been to dismiss the direct normativity intuition, bridging logic and reasoning via principles that relativize the normative import of logic to pragmatic and feasibility considerations. We argue that the standard response is misguided. Building upon theories of bounded rationality, our approach conceptualizes reasoning as constrained by (...) multiple, independent normative factors, logical and non-logical ones. These different factors can conflict with one another, to the effect that logically sound inferences might not coincide with what is feasible for an agent to infer. From this perspective, we will argue that logic gives us only prima facie, i.e. contributive and defeasible, obligations on what to believe, but that such obligations do not always coincide with what an agent ought to believe all things considered. These distinctions will dissolve the alleged clash between the direct normativity and the unfeasibility intuition. (shrink)

The most important moral question concerned with the problem of political obligation relates to the limits of obedience of a citizen owed to the state. The problem of political obligation raises the questions such as – (1) To what extent the citizen has an obligation to obey the laws of the state? (2) Is the citizen of a state, whether democratic or otherwise, under an obligation to obey the unjust laws of the state? There are two different viewpoints concerning the (...) character of obligation to obey the laws of the State. (1) The first position states -- “one has an absolute obligation to obey the law and therefore disobedience to the state law is never justified”. (2) The second position asserts -- “one has a prima facie obligation to obey the law, but this obligation can be overridden by conflictingobligations. Hence disobedience to the state law can be justified in the presence of outweighing circumstances”. (shrink)

In their article published in Nanoethics, “Ethical, Legal and Social Aspects of Brain-Implants Using Nano-Scale Materials and Techniques”, Berger et al. suggest that there may be a prima facie moral obligation to improve neuro implants with nanotechnology given their possible therapeutic advantages for patients [Nanoethics, 2:241–249]. Although we agree with Berger et al. that developments in nanomedicine hold the potential to render brain implant technologies less invasive and to better target neural stimulation to respond to brain impairments in (...) the near future, we argue against presenting the development of nanobionic clinical devices in terms of a moral obligation to conduct this research. In the first part of the paper, we consider what a duty to pursue new technologies might mean, and in the second we explore some of the negative consequences of defending such development as a moral obligation based on potential benefit. We argue that promoting the advances available to brain implants through developments in nanotechnology and bionics could contribute to medical rhetoric that indirectly increases the risk of exposing patients to harm when participating in clinical trials. We argue that rather than there being a moral obligation to improve nanobionics implants because of their potential benefit, the pursuit of improved neuro implants must be balanced against the prima facie obligations to protect patients against harm and to promote and protect patient autonomy. (shrink)

Do facts about what an agent would freely do in certain circumstances at least partly determine any of her moral obligations? Actualists answer ‘yes’, while possibilists answer ‘no’. We defend two novel hybrid accounts that are alternatives to actualism and possibilism: Dual Obligations Hybridism and Single Obligation Hybridism. By positing two moral ‘oughts’, each account retains the benefits of actualism and possibilism, yet is immune from the prima facie problems that face actualism and possibilism. We conclude (...) by highlighting one substantive difference between our two hybrid accounts. (shrink)

I address a question in moral metaphysics: How are conflicts between moral obligations possible? I begin by explaining why we cannot give a satisfactory answer to this question simply by positing that such conflicts are conflicts between rules, principles, or reasons. I then develop and defend the “Dispositional Account,” which posits that conflicts between moral obligations are conflicts between the manifestations of obligating dispositions (obligating powers, capacities, etc.), just as conflicts between physical forces are conflicts between the manifestations (...) of (certain) causal dispositions (causal powers, capacities, etc.). This account combines the so-called “moral forces” interpretation of prima facie obligations with a dispositional moral metaphysic according to which the metaphysical grounds of moral obligations are not rules or laws, but rather real, irreducibly dispositional properties (or powers) of moral agents and patients. My principal aims are to offer a theoretically attractive and suitably metaphysical account of conflicts of obligation, and to show that the dispositional moral metaphysic that grounds the Dispositional Account can explain and accommodate plausible normative views that rule- and law-based alternatives cannot, as well as to answer objections that have been pressed against other accounts of moral conflict (especially Ross’s) that appeal to moral dispositions or forces. (shrink)

John Searle attempts to show through a consideration of promising that at least some ‘ought’ statements can be derived from ‘is’ statements. He thinks that you can determine on purely factual grounds that a person has made a promise, and that it follows logically from the statement that a person has made a promise that he has at least a prima facie obligation to do the thing he promised to do. I agree with but not with.

In this paper, I outline and defend a commonly-held moral view which has received surprisingly little sustained philosophical attention. This view, which I call the ‘authority of conscience,’ states that believing ourselves to have moral obligations to act in a certain way does in fact create an obligation to act in that way. Although I do not provide a positive case for the principle of authoritative conscience, beyond its popularity and intuitive force, I defend it against several prima (...) facie objections. I then go on to demonstrate that the principle does not entail any anti-realist metaethical commitments, and is therefore compatible in particular, and contrary to appearances, with plausible formulations of moral realism. (shrink)

The moral principle of fairness or fair play is widely believed to be a solid ground for political obligation, i.e., a general prima facie moral duty to obey the law qua law. In this article, I advance a new and, more importantly, principled objection to fairness theories of political obligation by revealing and defending a justificatory gap between the principle of fairness and political obligation: the duty of fairness on its own is incapable of preempting the citizen‟s liberty (...) to reciprocate fairly in ways other than obeying the law. This justificatory gap is unaffected by the ongoing debate between the voluntarist and the nonvoluntarist accounts of fairness, and it cannot be bridged by the two arguments that are perhaps implicit in Klosko‟s account, namely the presumptive benefits argument and the democratic procedure argument. (shrink)

On what basis, and to what extent, are refugees obligated to obey the laws of their host countries? Consideration of the specific case of asylum-seekers generates, I think, two competing intuitions: the refugee has a prima facie obligation to obey the laws of her host country and none of the popularly canvassed substrates of political obligation—consent, tacit consent, fairness, or social role—is at all apt to explain the presence of this obligation. I contend that the unfashionable gratitude account (...) of political obligation does the best job of accounting for the intuitions. As has been noticed by other commentators, obligations of gratitude are difficult to specify and subject to numerous cancelling conditions. I analyze these conditions in detail and conclude that if one accepts that gratitude is the basis of the political obligation of the refugee, then one must face up to just how frangible the obligation is. In particular, the obligation is conditional on the fair and generous treatment of refugees that is consistent with their dignity as human beings. (shrink)

Judicial obligation to enforce the law is typically regarded as both unproblematic and important: unproblematic because there is little reason to doubt that judges have a general, if prima facie, obligation to enforce law, and important because the obligation gives judges significant reason to limit their concern in adjudication to applying the law. I challenge both of these assumptions and argue that norms of political legitimacy, which may be extra-legal, are irretrievably at the basis of responsible judicial reasoning.

This paper attempts to demonstrate that special responsibilities exist as a necessary and fundamental component of relationships. It seeks to show that, while special responsibilities may be superseded by other relevant concerns, they remain absolute. The paper attempts to demonstrate further that, even in cases of repugnant conclusion, special responsibilities exhibit a residual nature. It argues that such obligations are not always voluntary entered, but nevertheless represent prima facie duties to those parties involved.

In this article I criticize a theory of political obligation recently put forward by Christopher Wellman. Wellman's “samaritan theory” grounds both state legitimacy and political obligation in a natural duty to help people in need when this can be done at no unreasonable cost. I argue that this view is not able to account for some important features of the relation between state and citizens that Wellman himself seems to value. My conclusion is that the samaritan theory can only be (...) accepted if we are ready to give up either the traditional notion of political obligation as a prima facie duty valid for every citizen, or the current view of the relationships that should exist between states, citizens and foreigners (the view according to which states should have special concerns for their own citizens). (shrink)

Learning to address moral dilemmas is important for participants on courses in business ethics and corporate social responsibility (CSR). While modern, rule-based ethical theory often provides the normative input here, this has faced criticism in its application. In response, post-modern and Aristotelian perspectives have found favour. This paper follows a similar line, presenting an approach based initially on a critical interpretation of Ross's theory of prima facie duties, which emphasises moral judgement in actual situations. However, the retention of (...) a modern element is suggested, with an invitation to hypothetically universalise detailed proposals for action, following Hare. This further step may reassure students/managers who seek additional closure in their decision-making. Some pedagogical implications are also briefly raised regarding the use of case material and the need to recognise questions of social interaction and personal character as features of dilemma resolution in actual organisational contexts. (shrink)

Obligations can be affected by knowledge. Several approaches exist to formalize knowledge-based obligations, but no formalism has been developed yet to capture the dynamic interaction between knowledge and obligations. We introduce the dynamic extension of an existing logic for knowledge-based obligations here. We motivate the logic by analyzing several scenarios and by showing how it can capture in an original manner several fundamental deontic notions such as absolute, prima facie and all-things-considered obligations. Finally, (...) in the dynamic epistemic logic tradition, we provide reduction axioms for the dynamic operator of the new logic. (shrink)

This thesis examines a prima facie tension between the narrow scope of social justice proposed by many liberal, rights-based accounts, and the intuition that we have a strong obligation to help distant people who are in great need. 'Distant people' in this instance are people who do not share our nationality, or those who will come to exist as members of future generations. Ways in which liberal, right-based theories of political philosophy can resolve this tension are examined, and (...) the thesis concludes that a liberal, rights-based account of our obligations to distant people is possible, by understanding the extent of our connections to distant people. (shrink)

Is it always morally wrong to violate a law and in doing so does one necessarily act badly? I argue that whether in breaking a law one acts badly depends on considerations unique to the particular act of lawbreaking. The moral judgment in question is deeply contextual and cannot be settled by appeal to blanket moral rules such as that it is wrong to break (any) law. The argument is made by focusing on the example of a runner having to (...) decide whether to disobey the law against trespass. If in trespassing one acts badly it is not because there is a prima facie moral obligation to obey law. Theories of political obligation which ground an obligation to obey law in the principles of fairness or gratitude or in consent all fail to provide a persuasive reason not to trespass given a particular fact situation. I argue that when it is morally wrong to trespass it is morally wrong not because one has broken the law, but because and insofar as one has violated reasonable expectations of privacy. Whether there is a reasonable expectation of privacy in one's property depends in part on the character of the property in question. (shrink)

Alasdair Cochrane introduces an entirely new theory of animal rights grounded in their interests as sentient beings. He then applies this theory to different and underexplored policy areas, such as genetic engineering, pet-keeping, indigenous hunting, and religious slaughter. In contrast to other proponents of animal rights, Cochrane claims that because most sentient animals are not autonomous agents, they have no intrinsic interest in liberty. As such, he argues that our obligations to animals lie in ending practices that cause their (...) suffering and death and do not require the liberation of animals. Cochrane's "interest-based rights approach" weighs the interests of animals to determine which is sufficient to impose strict duties on humans. In so doing, Cochrane acknowledges that sentient animals have a clear and discernable right not to be made to suffer and not to be killed, but he argues that they do not have a prima facie right to liberty. Because most animals possess no interest in leading freely chosen lives, humans have no moral obligation to liberate them. Moving beyond theory to the practical aspects of applied ethics, this pragmatic volume provides much-needed perspective on the realities and responsibilities of the human-animal relationship. (shrink)

In moral dilemmas, where circumstances prevent two or more equally justified prima facie ethical requirements from being fulfilled, it is often maintained that, since the agent cannot do both, conjoint obligation is overridden by Kant's principle that ought implies can, but that the agent nevertheless has a disjunctive obligation to perform one of the otherwise obligatory actions or the other. Against this commonly received view, it is demonstrated that although Kant's ought-can principle may avoid logical inconsistency, the principle (...) is incompatible with disjunctive obligation in standard deontic logic, and that it entails paradoxically that none of the conflicting dilemma actions will in fact occur. The principle appears to provide the only plausible safeguard against deontic antinomy, but cannot be admitted because of its collision with considered moral judgments. (shrink)

The argument of Julian Savulescu’s 2001 paper, “Procreative Beneficence: Why We Should Select the Best Children” is flawed in a number of respects. Savulescu confuses reasons with obligations and equivocates between the claim that parents have some reason to want the best for their children and the more radical claim that they are morally obligated to attempt to produce the best child possible. Savulescu offers a prima facie implausible account of parental obligation, as even the best parents (...) typically fail to do everything they think would be best for their children let alone everything that is in fact best for their children. The profound philosophical difficulties which beset the attempt to formulate a plausible account of the best human life constitute a further independent reason to resile from Savulescu’s conclusion. Savulescu’s argument also requires parents to become complicit with racist and homophobic oppression, which is yet another reason to reject it. Removing the equivocation from Savulescu’s argument allows us to see that the assertion of an obligation to choose the “best child” has much more in common with the “old” eugenics than Savulescu acknowledges. (shrink)

Environmental ethicists have not reached a consensus about whether or not individuals who contribute to climate change have a moral obligation to reduce their personal greenhouse gas emissions. In this paper, I side with those who think that such individuals do have such an obligation by appealing to the concept of integrity. I argue that adopting a political commitment to work toward a collective solution to climate change—a commitment we all ought to share—requires also adopting a personal commitment to reduce (...) one’s emissions. On these grounds, individuals who contribute to climate change have a prima facie moral duty to lower their personal greenhouse gas emissions. After presenting this argument and supporting each of its premises, I defend it from two major lines of objection: skepticism about integrity’s status as a virtue and concerns that the resulting moral duty would be too demanding to be morally required. I then consider the role that an appeal to integrity could play in galvanizing the American public to take personal and political action regarding climate change. (shrink)

It is commonly supposed that citizens of a reasonably just state have a prima facie duty to obey its laws. In recent years, however, a number of influential political philosophers have concluded that there is no such duty. But how can the state be a legitimate authority if there is no general duty to obey its laws? This article is an attempt to explain how we can make sense of the idea of legitimate political authority without positing the (...) existence of a general duty to obey the law. The explanation makes use of a distinction between laws of general application, on one hand, and on the other the particularized, directed efforts by state officials to channel and resolve disputes (including those arising from violations of the law). A state's legitimate authority entails a general duty to cooperate in the latter type of effort, rather than upon a dubious general duty to obey the law. (shrink)

I summarize a conception of morality as containing a set of rules which hold ceteris paribus and which impose pro-tanto obligations. I explain two ways in which moral rules are ceteris-paribus, according to whether an exception is duty-voiding or duty-overriding. I defend the claim that moral rules are ceteris-paribus against two qualms suggested by Luke Robinson’s discussion of moral rules and against the worry that such rules are uninformative. I show that Robinson’s argument that moral rules cannot ground pro-tanto (...) obligations is unsound, because it confuses an absolute reason for an obligation with a reason for an absolute obligation, and because it overlooks the possibility that priority rules may be rules for ordering pro-tanto obligations rather than rules for eliminating contenders for the status of absolute obligation. (shrink)

I describe a number of views in which metaphysical fundamentality is accounted for in normative terms. After describing many different ways this key idea could be developed, I turn to developing the idea in one specific way. After all, the more detailed the proposal, the easier it is to assess whether it works. The rough idea is that what it is for a property to be fundamental is for it to be prima facie obligatory to theorize in terms (...) of that property. (shrink)

This paper defends the claim that mere temporal proximity always and without exception strengthens certain moral duties, including the duty to save – call this view Robust Temporalism. Although almost all other moral philosophers dismiss Robust Temporalism out of hand, I argue that it is prima facie intuitively plausible, and that it is analogous to a view about special obligations that many philosophers already accept. I also defend Robust Temporalism against several common objections, and I highlight its (...) relevance to a number of practical policy debates, including longtermism. My conclusion is that Robust Temporalism is a moral live option, that deserves to be taken much more seriously in the future. (shrink)

This article will explore a problem which is related to our moral obligations towards species. Although the re-creation of extinct animals has been discussed to some degree both in lay deliberations as well as by scientists, advocates tend to emphasize the technological and scientific value of such an endeavour, and the “coolness” factor, 32–33, 2013). This article will provide an argument in favour of re-creation based on normative considerations. The environmentalist community generally accepts that it is wrong to exterminate (...) species, for reasons beyond any instrumental value these species may have. It is often also claimed that humanity has a collective responsibility to either preserve or at least to not exterminate species. These two beliefs are here assumed to be correct. The argument presented here departs from and places these two ideas in a deontological framework, from which it is argued that when humanity causes the extinction of a species, this is a moral transgression, entailing a residual obligation. Such an obligation implies a positive duty to mitigate any harm caused by our moral failure. In light of recent scientific progress in the field of genetic engineering, it will be argued that humanity has a prima facie obligation to re-create species whose extinction mankind may have caused, also known as de-extinction. (shrink)

Corporate social responsibility is frequently defined primarily in terms of the social and environmental impact of systemic organisational activity. This misses the point. To be applicable, corporate responsibility should be understood as a process, through which individuals’ moral values and concerns are articulated. Moreover, there are important grounds for asserting that such a process should be participative, involving employees . It seems inconsistent not to respect such groups’ right to an opinion, while at the same time purporting to be ethical (...) and responsible; also, a better alignment of organisational policy and employees’ values holds possibilities for enhanced motivation and work performance. Through such a participative process, matters of social responsibility may be identified in the expectations and moral claims of an organisation’s stakeholders. Such claims constitute prima facie obligations to which those responsible for corporate policy should attend, and where such demands conflict then dialogue is required in order to establish an appropriate course of action. (shrink)

A learning health system (LHS) seeks to establish a closer connection between clinical care and research and establishes new responsibilities for healthcare providers as well as patients. A new set of technological approaches in medication adherence monitoring can potentially yield valuable data within an LHS, and raises the question of the scope and limitations of patients’ responsibilities to use them. We argue here that, in principle, it is plausible to suggest that patients have a prima facie obligation to (...) use novel adherence monitors. However, the strength of the obligations depends considerably on the extent to which data that adherence monitors generate are, in fact, used to further the goals of LHSs. The way in which data ownership is structured in the USA poses a considerable challenge here, while the European Union framework offers a more promising alternative. (shrink)

The central issue that I consider in this paper is the use of the so‐called ‘Rule of Rescue’ in the context of resource allocation. This ‘Rule’ has played an important role in resource allocation decisions in various parts of the world. It was invoked in Ontario to overturn a decision not to fund treatment for Gaucher's Disease and it has also been used to justify resource decisions in Israel concerning the same condition. -/- In the paper I consider the nature (...) of the Rule of Rescue and its moral justification. The latter involves consideration of the distinction between agent‐relative and agent‐neutral obligations. If the Rule of Rescue is to be justified, it is plausible to think that it will be in the context of agent‐relative obligations. Two problems with this suggestion are considered: the role of identifiability in the Rule of Rescue and the extent to which policy makers in a health care system can be taken to have such obligations. It is argued that in both cases these problems can be overcome and hence that there is a prima facie obligation to follow the Rule of Rescue. (shrink)