It centers on the capacity of victims and creditors to release transgressors and debtors from their moral and financial debts. "If justice is a matter of receiving one's due," he says, "then political forgiveness entails releasing one's due." Neverthless, political forgiveness remains connected to justice in important ways.".
around issues of identity ( and responsibility ) over time , clearly establishing the nature of what is due , and the possibility of tragic choices in which state actors must choose between two wrongful actions ( although not all ...
Author: Peter Digeser
Publisher: Cornell University Press
Category: Political Science
Philosophical debates over the fundamental principles that should guide life-and-death medical decisions usually occur at a considerable remove from the tough, real-world choices made in hospital rooms, courthouses, and legislatures. David Orentlicher seeks to change that, drawing on his extensive experience in both medicine and law to address the translation of moral principle into practice--a move that itself generates important moral concerns. Orentlicher uses controversial life-and-death issues as case studies for evaluating three models for translating principle into practice. Physician-assisted suicide illustrates the application of ''generally valid rules,'' a model that provides predictability and simplicity and, more importantly, avoids the personal biases that influence case-by-case judgments. The author then takes up the debate over forcing pregnant women to accept treatments to save their fetuses. He uses this issue to weigh the ''avoidance of perverse incentives,'' an approach to translation that follows principles hesitantly for fear of generating unintended results. And third, Orentlicher considers the denial of life-sustaining treatment on grounds of medical futility in his evaluation of the ''tragic choices'' model, which hides difficult life-and-death choices in order to prevent paralyzing social conflict. Matters of Life and Death is a rich and stimulating contribution to bioethics and law. It is the first book to examine closely the broad problems of translating principle into practice. And by analyzing specific controversies along the way, it develops original insights likely to provoke both moral philosophers and those working on thorny issues of life and death.
When someone dies for lack of a ventilator , we might not see this as involving a tragic choice if we believe that the patients who are denied ventilation are not appropriate candidates for a ventilator . In other words , we try to hide ...
Author: David Orentlicher
Publisher: Princeton University Press
How developing a more expansive, non-formal conception of reason produces richer ethical understandings of human situations, explored and illustrated with many real examples. In Re-Reasoning Ethics, Barry Hoffmaster and Cliff Hooker enhance and empower ethics by adopting a non-formal paradigm of rational deliberation as intelligent problem-solving and a complementary non-formal paradigm of ethical deliberation as problem-solving design to promote human flourishing. The non-formal conception of reason produces broader and richer ethical understandings of human situations, not the simple, constrained depictions provided by moral theories and their logical applications in medical ethics and bioethics. Instead, it delivers and vindicates the moral judgment that complex, contextual, and dynamic situations require. Hoffmaster and Hooker demonstrate how this more expansive rationality operates with examples, first in science and then in ethics. Non-formal reason brings rationality not just to the empirical world of science but also to the empirical realities of human lives. Among the many real cases they present is that of how women at risk of having children with genetic conditions decide whether to try to become pregnant. These women do not apply the formal principle of maximizing expected utility (as advised by genetic counselors) and instead imagine scenarios of what their lives could be like with an affected child and assess whether they could accept the worst of these scenarios. Hoffmaster and Hooker explain how moral compromise and a liberated, extended, and enriched reflective equilibrium expand and augment rational ethical deliberation and how that deliberation can rationally design ethical practices, institutions, and policies.
Consequently, the moral burden of legitimacy falls not just on the tragic choice itself but on how the tragic choice ... They focus on the fundamental values of a society that tragic choices expose—for example, the preciousness of life, ...
Author: Barry Hoffmaster
Publisher: MIT Press
Thirty years ago, English jurist Patrick Devlin wrote: "Is it not a pleasant tribute to the medical profession that by and large it has been able to manage its relations with its patients ... without the aid of lawyers and law makers". Medical interventions at the beginnings and the endings of life have rendered that assessment dated if not defeated. This book picks up some of the most important of those developments and reflects on the legal and social consequences of this metamorphosis over the past ten years, and will be of interest to students of law, sociology and ethics who want a considered and critical introduction to, and reflection on, key issues in these pivotal moments of human life.
Biomedical diplomacy, negotiating the tragic choices, is in part about ensuring that we may enjoy some of the benefits of Hans Jonas' call for 'lengthened foresight'. Tragic choices are the tragedies of cultures.
Author: Derek Morgan
Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Here, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers.
An obligation to properly acknowledge harms resulting from one's tragic choices thus derives from the need to avoid inflicting ... and from the desire of the person making a tragic choice to attest to the legitimacy of that choice.
Author: Emily M. Calhoun
Publisher: Oxford University Press
Facing Up to Scarcity offers a powerful critique of the nonconsequentialist approaches that have been dominant in Anglophone moral and political thought over the last fifty years. In these essays Barbara H. Fried examines the leading schools of contemporary nonconsequentialist thought, including Rawlsianism, Kantianism, libertarianism, and social contractarianism. In the realm of moral philosophy, she argues that nonconsequentialist theories grounded in the sanctity of "individual reasons" cannot solve the most important problems taken to be within their domain. Those problems, which arise from irreducible conflicts among legitimate (and often identical) individual interests, can be resolved only through large-scale interpersonal trade-offs of the sort that nonconsequentialism foundationally rejects. In addition to scrutinizing the internal logic of nonconsequentialist thought, Fried considers the disastrous social consequences when nonconsequentialist intuitions are allowed to drive public policy. In the realm of political philosophy, she looks at the treatment of distributive justice in leading nonconsequentialist theories. Here one can design distributive schemes roughly along the lines of the outcomes favoured—but those outcomes are not logically entailed by the normative premises from which they are ostensibly derived, and some are extraordinarily strained interpretations of those premises. Fried concludes, as a result, that contemporary nonconsequentialist political philosophy has to date relied on weak justifications for some very strong conclusions.
Wood's argument that obsessing on trolley problems has led us to exaggerate the necessity for tragic choices is straightforward. By stipulating that we face a tragic choice and focusing attention solely on how we ought to choose—whether ...
Author: Barbara H. Fried
Publisher: Oxford University Press
Moral dilemmas set a challenge for ethical theory. They are situations where agents seem to be under an obligation both to do, and to refrain from doing, a specific act. Are such situations possible? What is their exact nature? These are the questions that Moral Dilemmas tries to answer. The book argues that moral theories should not allow for the possibility of irresolvable dilemmas, for situations in which no right answer exists. To this end, arguments seeking to prove the existence of irresolvable dilemmas, especially the argument from the incommensurability of values, are discussed at length and refuted. The book shows that though on the normative level dilemmas are resolved, they typically involve a high moral cost for which there is no adequate compensation. This moral cost is the source of the regret and pain suffered by agents in moral dilemmas. Thus, moral dilemmas do not point to any inconsistency in our moral reasoning or theory, but to a problematic aspect of the human condition; at times (probably less often than is usually believed), human beings are justified, and even required, to dirty their hands by behaving in ways that in ordinary situations would be strictly forbidden and condemned.
This is the background we should bear in mind in order to understand the expression " tragic dilemma " or " tragic choice . " These are situations when the unavoidable doing of evil by the agents threatens to ruin them .
Author: Daniel Statman
Today Issues in Contemporary Social Philosophy Thirty-two essayists provide scholarly insight and opportunities for constructive dialogue on social philosophical theory regarding freedom, equality, and social change. SSPT 3*] $99.95 350pp. 1989
threatened by tragic choices . Thus , if these choices are unavoidable , and if any choice that is made threatens the moral foundations of society , then making the choice " invisible " to society as a whole would be morally justified ...
Author: James P. Sterba
Publisher: Edwin Mellen Press
A rational look at health care rationing, from ethical, economic, psychological, and clinical perspectives. Although managed health care is a hot topic, too few discussions focus on health care rationing--who lives and who dies, death versus dollars. In this book physician and bioethicist Peter A. Ubel argues that physicians, health insurance companies, managed care organizations, and governments need to consider the cost-effectiveness of many new health care technologies. In particular, they need to think about how best to ration health care. Ubel believes that standard medical training should provide physicians with the expertise to decide when to withhold health care from patients. He discusses the moral questions raised by this position, and by health care rationing in general. He incorporates ethical arguments about the appropriate role of cost-effectiveness analysis in health care rationing, empirical research about how the general public wants to ration care, and clinical insights based on his practice of general internal medicine. Straddling the fields of ethics, economics, research psychology, and clinical medicine, he moves the debate forward from whether to ration to how to ration. The discussion is enlivened by actual case studies.
In effect , allocation decisions limit resources . ... Evans's distinction between allocation and rationing is reminiscent of Calabresi and Bobbit's ( 1978 ) distinction between " first - order " and " second - order " tragic choices .
Author: Peter A. Ubel
Publisher: MIT Press
Given a choice between a life and a value , the courts will certainly choose life if they can do so without ... Of course , tragic choices made by the market are not always less blatantly life - sacrificing than those made by the state ...
Author: Guido Calabresi
Publisher: Syracuse University Press