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1.
Camb Q Healthc Ethics ; : 1-11, 2024 Apr 11.
Artículo en Inglés | MEDLINE | ID: mdl-38602073

RESUMEN

Sometimes healthcare professionals conscientiously refuse to treat patients despite the patient requesting legal, medically indicated treatments within the professionals' remit. Recently, there has been a proliferation of views using the concept of public reason to specify which conscientious refusals of treatment should be accommodated. Four such views are critically assessed, namely, those of Robert Card, Massimo Reichlin, David Scott, and Doug McConnell. This paper argues that McConnell's view has advantages over the other approaches because it combines the requirement that healthcare professionals publicly justify the grounds of their conscientious refusals of treatment with the requirement that those grounds align with minimally decent healthcare. This relatively restrictive approach accommodates conscientious refusals from minimally decent healthcare professionals while still protecting good healthcare, the independence of the healthcare professions, and the fiduciary relationships.

2.
Camb Q Healthc Ethics ; : 1-13, 2024 Mar 12.
Artículo en Inglés | MEDLINE | ID: mdl-38469878

RESUMEN

Bioethicists aim to provide moral guidance in policy, research, and clinical contexts using methods of moral analysis (e.g., principlism, casuistry, and narrative ethics) that aim to satisfy the constraints of public reason. Among other objections, some critics have argued that public reason lacks the moral content needed to resolve bioethical controversies because discursive reason simply cannot justify any substantive moral claims in a pluralistic society. In this paper, the authors defend public reason from this criticism by showing that it contains sufficient content to address one of the perennial controversies in bioethics-the permissibility and limits of clinician conscientious objection. They develop a "reasonability view" grounded in public reason and apply it to some recent examples of conscientious objection.

3.
Camb Q Healthc Ethics ; : 1-15, 2024 Mar 11.
Artículo en Inglés | MEDLINE | ID: mdl-38465673

RESUMEN

Can Rawlsian public reason sufficiently justify public policies that regulate or restrain controversial medical and technological interventions in bioethics (and the broader social world), such as abortion, physician aid-in-dying, CRISPER-cas9 gene editing of embryos, surrogate mothers, pre-implantation genetic diagnosis of eight-cell embryos, and so on? The first part of this essay briefly explicates the central concepts that define Rawlsian political liberalism. The latter half of this essay then demonstrates how a commitment to Rawlsian public reason can ameliorate (not completely resolve) many of the policy disagreements related to bioethically controversial medical interventions today. The goal of public reason is to reduce the size of the disagreement by eliminating features of the disagreement that violate the norms of public reason. The norms of public reason are those norms that are politically necessary to preserve the liberal, pluralistic, democratic character of this society. What remains is reasonable disagreement to be addressed through normal democratic deliberative processes. Specific issues addressed from a public reason perspective include personal responsibility for excessive health costs, the utility of a metaphysical definition of death for organ transplantation, and the moral status of excess embryos generated through IVF and/or their use in medical research.

4.
Camb Q Healthc Ethics ; : 1-10, 2024 Feb 23.
Artículo en Inglés | MEDLINE | ID: mdl-38389493

RESUMEN

This paper analyzes the use of public reason requirements in bioethical discourse and discusses when such requirements are warranted. By a "public reason requirement," I mean a requirement that those involved in a particular discourse or debate only use reasons that can properly be described as public reasons. The first part of the paper outlines the concept of public reasons as developed by John Rawls and others and discusses some of the general criticisms of the concept and its importance. The second part then distinguishes between two types of public reason requirements in bioethics. One type is what I will call the orthodox public reason requirement since it hews closely to the original Rawlsian conception. The second is what I will call the expansive public reason requirement, which departs quite radically from the Rawlsian conception and applies the requirement not to policy discourse or policymaking, but to the actions of individuals. Both types of requirements will be analyzed, and some problems in applying public reason requirements in bioethics will be identified. It will be argued that the expansive public reason requirement is misguided. The concluding part argues that requirements of civic civility and what Rawls terms an "inclusive view" of public reason should be important in bioethical discourse.

5.
Camb Q Healthc Ethics ; 33(1): 1-4, 2024 Jan.
Artículo en Inglés | MEDLINE | ID: mdl-37326243

RESUMEN

What exactly is a "wicked problem"? It is a social or economic problem that is so complex and so interconnected with other issues that it is extraordinarily difficult or impossible to resolve. This is because all proposed resolutions generate equally complex, equally wicked problems. In this essay, I argue that precision medicine, especially in the context of the U.S. healthcare system, generates numerous wicked problems related to distributive justice. Further, I argue that there are no easy solutions to these wicked problems. The need for trade-offs is inescapable. Rough justice is the best outcome we can hope for, and that outcome requires a commitment to processes of public reason that are fair and inclusive.


Asunto(s)
Atención a la Salud , Medicina de Precisión , Humanos , Justicia Social
6.
Ethical Theory Moral Pract ; : 1-21, 2023 Feb 15.
Artículo en Inglés | MEDLINE | ID: mdl-36816818

RESUMEN

As the COVID-19 pandemic continues to evolve, taking its toll on people's lives around the world, vaccine passports remain a contentious topic of debate in most liberal democracies. While a small literature on vaccine passports has sprung up over the past few years that considers their ethical pros and cons, in this paper we focus on the question of when vaccine passports are politically legitimate. Specifically, we put forward a 'public reason ethics framework' for resolving ethical disputes and use the case of vaccine passports to demonstrate how it works. The framework walks users through a structured analysis of a vaccine passport proposal to determine whether the proposal can be publicly justified and is therefore legitimate. Use of this framework may also help policymakers to design more effective vaccine passports, by incorporating structured input from the public, and thereby better taking the public's interests and values into account. In short, a public reason ethics framework is meant to encourage better, more legitimate decision-making, resulting in policies that are ethically justifiable, legitimate and effective.

7.
Camb Q Healthc Ethics ; 32(3): 310-322, 2023 07.
Artículo en Inglés | MEDLINE | ID: mdl-36683585

RESUMEN

John Rawls has held up as a model of public reason the U.S. Supreme Court. I argue that the Dobbs Court is justifiably criticized for failing to respect public reason. First, the entire opinion is governed by an originalist ideological logic almost entirely incongruent with public reason in a liberal, pluralistic, democratic society. Second, Alito's emphasis on "ordered liberty" seems completely at odds with the "disordered liberty" regarding abortion already evident among the states. Third, describing the embryo/fetus from conception until birth as an "unborn human being" begs the question of the legal status of the embryo/fetus, as if an obiter dictum settled the matter. Fourth, Alito accuses the Roe court of failing to exercise judicial restraint, although Alito argued to overturn Roe in its entirety. In brief, the Dobbs opinion is an illiberal, disingenuous, ideological swamp that swallows up public reason and the reproductive rights of women.


Asunto(s)
Aborto Inducido , Embarazo , Femenino , Humanos , Estados Unidos , Aborto Legal
8.
Bioethics ; 37(1): 15-27, 2023 01.
Artículo en Inglés | MEDLINE | ID: mdl-36399084

RESUMEN

This paper considers what concept of accommodation is necessary to identify and address discrimination, disadvantages and disparities in such a way that the plurality of religious people with their beliefs, values and practices may be justly accommodated in healthcare. It evaluates threats to the possibility of such accommodation pertaining by considering what beliefs and practices might increase the risk of unjust discrimination against and disadvantage for religious people, whether as individuals or as groups; and the risk of disparities between the care provided to religious people. The claim is that there is an important cluster of risks that are political in kind and emergent within philosophical bioethics. While not amounting (yet) to a trend, they are sufficiently threatening to a just civic life for patients and healthcare staff as to warrant scrutiny. After an Introductory Section 1, Section 2 evaluates a criticism of 'accommodation' and the apparently additional health-related requirements that those of religious faith demand, when compared with other people. It does so by comparing Lori Beaman's idea of agonism with that of a distinct and somewhat complementary approach in Jonathan Chaplin's political philosophy, before examining the role of established religion in setting the conditions for the accommodation of religion and belief in healthcare. Section 3 examines risks to such accommodation by engaging critically with three health-related instantiations of political philosophy that differ radically from both Beaman and Chaplin. A concluding Section 4 focusses on appropriate modes of communicating about religious and other beliefs in healthcare.


Asunto(s)
Bioética , Democracia , Humanos , Religión , Atención a la Salud , Filosofía
9.
HEC Forum ; 35(4): 309-323, 2023 Dec.
Artículo en Inglés | MEDLINE | ID: mdl-34994915

RESUMEN

Every clinical ethics consultant, no matter their own spirituality, will meet patients, families, and healthcare professionals whose spiritualities anchor their moral worldviews. How might ethicists respond to those who rely on spirituality when making medical decisions? And further, should ethicists incorporate their own spiritual commitments into their clinical analyses and recommendations? These questions prompt reflection on foundational issues in the philosophy of medicine, political and moral theory, and methods of proper clinical ethics consultation. Rather than attempting to offer definitive answers to these questions, this essay prompts readers to consider their own answers to these questions. Specifically, it offers a taxonomic analysis of six (6) distinct responses: assessment, delegation, examination, translation, incorporation, and assertion. Furthermore, this essay describes the role of the ethicist's own spiritual commitments during the responses. Each section also names several strengths and weaknesses that ethicists ought to consider when evaluating the purpose and scope of each response. This paper prompts readers to consider circumstances under which they might promote, critique, or incorporate spiritual worldviews-their own and those of their patients-when offering clinical analyses and recommendations.


Asunto(s)
Toma de Decisiones , Eticistas , Humanos , Ética Clínica , Principios Morales , Filosofía
10.
Philosophia (Ramat Gan) ; 50(3): 1503-1513, 2022.
Artículo en Inglés | MEDLINE | ID: mdl-35125552

RESUMEN

In "Justice as Fairness: Political not Metaphysical," John Rawls suggests an approach to a public conception of justice that eschews any dependence on metaphysical conceptions of justice in favor of a political conception of justice. This means that if there is a metaphysical conception of justice that actually obtains, then Rawls' theory would not (and could not) be sensitive to it. Rawls himself admitted in Political Liberalism that "the political conception does without the truth." Similarly, in Law of Peoples, Rawls endorses a political conception of justice to govern the society of peoples that is not concerned with truth, but instead concerned with being sufficiently neutral so as to avoid conflict with any reasonable comprehensive doctrines. The odd result is that this neutrality excludes any conception of truth at all. Therefore, in times of crisis that demand incisive decision making based on scientific, economic or moral considerations, public reason will stall because it can contain no coherent conception of truth.

11.
Hastings Cent Rep ; 51(6): 51-53, 2021 11.
Artículo en Inglés | MEDLINE | ID: mdl-34904737

RESUMEN

At a time when ethical and political philosophy were thought passé, John Rawls gave serious attention to ethical questions, providing them with a renewed academic legitimacy. This helped fields of practical ethics such as bioethics become established in higher education and in public affairs. This essay addresses the influence Rawls has had on bioethics through both the style and the substance of his ethical argumentation. The essay argues that his distinctive rhetorical strategy and tone attempted to rein in the scope of normative commitments in order to make an equilibrium between refined understandings of freedom and equality possible and sustainable. Bioethics has been strongly influenced by this approach to maintaining social stability in a liberal society that has become highly stratified and culturally diverse. Bioethics continues to echo the Rawlsian call for a calmly reasoned political life but finds that call increasingly difficult to answer.


Asunto(s)
Bioética , Teoría Ética , Libertad , Humanos , Principios Morales , Filosofía
12.
J Med Philos ; 46(2): 169-187, 2021 04 02.
Artículo en Inglés | MEDLINE | ID: mdl-33822133

RESUMEN

The proper role, if any, for religion-based arguments is a live and sometimes heated issue within the field of bioethics. The issue attracts heat primarily because bioethical analyses influence the outcomes of controversial court cases and help shape legislation in sensitive biopolicy areas. A problem for religious bioethicists who seek to influence biopolicy is that there is now widespread academic and public acceptance, at least within liberal democracies, that the state should not base its policies on any particular religion's metaphysical claims or esoteric moral system. In response, bioethicists motivated by religious concerns have adopted two identifiable strategies. Sometimes they rely on slippery-slope arguments that, sometimes at least, have empirically testable premises. A more questionable response is the manipulation and misuse of secular-sounding moral language, such as references to "human dignity," and the plights of groups of people labeled "vulnerable."


Asunto(s)
Bioética , Eticistas , Cristianismo , Humanos , Lenguaje , Religión , Secularismo , Teología
13.
HEC Forum ; 33(3): 269-289, 2021 Sep.
Artículo en Inglés | MEDLINE | ID: mdl-32221817

RESUMEN

The literature on conscientious objection in medicine presents two key problems that remain unresolved: (a) Which conscientious objections in medicine are justified, if it is not feasible for individual medical practitioners to conclusively demonstrate the genuineness or reasonableness of their objections ("the justification problem")? (b) How does one respect both medical practitioners' claims of conscience and patients' interests, without leaving practitioners complicit in perceived or actual wrongdoing ("the complicity problem")? My aim in this paper is to offer a new framework for conscientious objections in medicine, which, by bringing medical professionals' conscientious objection into the public realm, solves the justification and complicity problems. In particular, I will argue that: (a) an "Uber Conscientious Objection in Medicine Committee" ("UCOM Committee")-which includes representatives from the medical community and from other professions, as well as from various religions and from the patient population-should assess various well-known conscientious objections in medicine in terms of public reason and decide which conscientious objections should be permitted, without hearing out individual conscientious objectors; (b) medical practitioners should advertise their (UCOM Committee preapproved) conscientious objections, ahead of time, in an online database that would be easily accessible to the public, without being required, in most cases, to refer patients to non-objecting practitioners.


Asunto(s)
Conciencia , Ética Médica , Disentimientos y Disputas , Personal de Salud/ética , Personal de Salud/psicología , Humanos , Religión y Medicina
14.
J Med Philos ; 46(1): 37-57, 2021 01 25.
Artículo en Inglés | MEDLINE | ID: mdl-33372203

RESUMEN

Robert Card's "Reasonability View" is a significant contribution to the debate over the place of conscientious objection in health care. In his view, conscientious objections can only be accommodated if the grounds for the objection meet a reasonability standard. I identify inconsistencies in Card's description of the reasonability standard and argue that each version he specifies is unsatisfactory. The criteria for reasonability that Card sets out most frequently have no clear underpinning principle and are too permissive of immoral objections. Card has also claimed that petitioners must justify their positions with Rawlsian public reason. I argue that, although the resulting reasonability standard is principled, it is overly restrictive. I also show that a reasonability standard built on Rawls' more lenient conception of reasonableness would be overly permissive of objections at odds with professional healthcare standards. Finally, I argue for my favored solution, which bases the reasonability standard on minimal professional standards.


Asunto(s)
Conciencia , Negativa al Tratamiento , Atención a la Salud , Humanos , Masculino
15.
Bioethics ; 33(5): 625-632, 2019 06.
Artículo en Inglés | MEDLINE | ID: mdl-30865301

RESUMEN

Current mainstream approaches to conscientious objection either uphold the standards of public health care by preventing objections or protect the consciences of health-care professionals by accommodating objections. Public justification approaches are a compromise position that accommodate conscientious objections only when objectors can publicly justify the grounds of their objections. Public justification approaches require objectors and assessors to speak a common normative language and to this end it has been suggested that objectors should be required to cast their objection in terms of public reason. We provide critical support for such a public reason condition and argue that it would be neither too demanding nor too permissive. We also respond to objections that it unfairly favours secular over religious objectors and that public reasons cannot be held with the kind of sincerity thought to characterize conscientious objections.


Asunto(s)
Comunicación , Rechazo Conciente al Tratamiento , Personal de Salud/ética , Intención , Negativa a Participar , Humanos
16.
Philos Technol ; 31(4): 543-556, 2018.
Artículo en Inglés | MEDLINE | ID: mdl-30873342

RESUMEN

The ever-increasing application of algorithms to decision-making in a range of social contexts has prompted demands for algorithmic accountability. Accountable decision-makers must provide their decision-subjects with justifications for their automated system's outputs, but what kinds of broader principles should we expect such justifications to appeal to? Drawing from political philosophy, I present an account of algorithmic accountability in terms of the democratic ideal of 'public reason'. I argue that situating demands for algorithmic accountability within this justificatory framework enables us to better articulate their purpose and assess the adequacy of efforts toward them.

17.
J Med Ethics ; 44(3): 206-209, 2018 03.
Artículo en Inglés | MEDLINE | ID: mdl-28912287

RESUMEN

In a recent article for this journal, Morten Magelssen argues that the right to conscientious objection in healthcare is grounded in the moral integrity of healthcare professionals, a good for both professionals and society. In this paper, I argue that there is no right to conscientious objection in healthcare, at least as Magelssen conceives of it. Magelssen's conception of the right to conscientious objection is too expansive in nature. Although I will assume that there is a right to conscientious objection, it does not extend to objections that are purely religious in nature. i Thus, this right is considerably more restricted than Magelssen thinks. In making my case, I draw on John Rawls's later work in arguing for the claim that conscientious objection based on purely religious considerations fails to benefit society in the appropriate way.


Asunto(s)
Conciencia , Negativa al Tratamiento , Atención a la Salud , Personal de Salud , Humanos , Principios Morales
18.
Soc Stud Sci ; 47(5): 751-770, 2017 10.
Artículo en Inglés | MEDLINE | ID: mdl-29034796

RESUMEN

The label 'post-truth' signals for many a troubling turn away from principles of enlightened government. The word 'post', moreover, implies a past when things were radically different and whose loss should be universally mourned. In this paper, we argue that this framing of 'post-truth' is flawed because it is ahistorical and ignores the co-production of knowledge and norms in political contexts. Debates about public facts are necessarily debates about social meanings, rooted in realities that are subjectively experienced as all-encompassing and complete, even when they are partial and contingent. Facts used in policy are normative in four ways: They are embedded in prior choices of which experiential realities matter, produced through processes that reflect institutionalized public values, arbiters of which issues are open to democratic contestation and deliberation, and vehicles through which polities imagine their collective futures. To restore truth to its rightful place in democracy, governments should be held accountable for explaining who generated public facts, in response to which sets of concerns, and with what opportunities for deliberation and closure.


Asunto(s)
Decepción , Democracia , Política , Política Pública
19.
Sci Eng Ethics ; 23(5): 1253-1271, 2017 10.
Artículo en Inglés | MEDLINE | ID: mdl-27116037

RESUMEN

Since 2011, the focus of international negotiations under the UNFCCC has been on producing a new climate agreement to be adopted in 2015. This phase of negotiations is known as the Durban Platform for Enhanced Action. The goal has been to update the global effort on climate for long-term cooperation. In this period, various changes have been contemplated on the design of the architecture of the global climate effort. Whereas previously, the negotiation process consisted of setting mandated targets exclusively for developed countries, the current setting requests of each country to pledge its contribution to the climate effort in the form of Intended Nationally Determined Contributions (INDCs). The shift away from establishing negotiated targets for rich countries alone towards a universal system of participation through intended contributions raised persistent questions on how exactly the new agreement can ensure equitable terms. How to conceptualize equity within the 2015 climate agreement, and beyond, is the focus of this paper. The paper advances a framework on equity, which moves away from substantive moral conceptions of burden allocation toward refining principles of public reason specially designed for the negotiation process under the UNFCCC. The paper outlines the framework's main features and discusses how it can serve a facilitating role for multilateral discussion on equity on a long-term basis capable of adapting to changing circumstances.


Asunto(s)
Cambio Climático , Clima , Cooperación Internacional , Negociación , Justicia Social , Conducta Cooperativa , Países Desarrollados , Países en Desarrollo , Humanos , Principios Morales , Sudáfrica , Naciones Unidas
20.
Top Cogn Sci ; 8(1): 19-48, 2016 Jan.
Artículo en Inglés | MEDLINE | ID: mdl-26799170

RESUMEN

The relationship between knowledge, belief, and ethics is an inaugural theme in philosophy; more recently, under the title "ethics of belief" philosophers have worked to develop the appropriate methodology for studying the nexus of epistemology, ethics, and psychology. The title "ethics of belief" comes from a 19th-century paper written by British philosopher and mathematician W.K. Clifford. Clifford argues that we are morally responsible for our beliefs because (a) each belief that we form creates the cognitive circumstances for related beliefs to follow, and (b) we inevitably influence each other through those beliefs. This study argues that recent cognitive research supports Cliffordian insights regarding patterns of belief formation and social influence. From the confirmation offered by such research, it follows that informational accuracy holds serious ethical significance in public discourse. Although scientific and epistemological matters are not always thought to be linked to normative morality, this study builds on Clifford's initial insights to show their linkage is fundamental to inquiry itself. In turn, Clifford's ethical and epistemic outline can inform a framework grounded in "public reason" under which seemingly opposed science communication strategies (e.g., "information deficit" and "cultural cognition" models) are philosophically united. With public discourse on climate change as the key example, empirically informed and grounded strategies for science communication in the public sphere are considered.


Asunto(s)
Cambio Climático , Cognición/fisiología , Cultura , Ética , Comunicación , Negación en Psicología , Humanos , Conocimiento , Modelos Psicológicos , Principios Morales , Filosofía , Investigación
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