There is a need to consider the impact of the new resident-hours regulations on the variety of aspects of medical education and patient care. Most existing literature about this subject has focused on the role of fatigue in resident performance, education, and health care delivery. However, there are other possible consequences of these new regulations, including a negative impact on decision ownership. Our main assumption of is that increased shift work in medicine can decrease ownership of treatment decisions and impact (...) negatively on quality of care. We review some potential components of decision ownership in treatment context and suggest possible ways in which the absence of decision ownership may decrease the quality of medical decision making. The article opens with the definition of decision ownership and the overview of some contextual factors that may contribute to the development of ownership in medical residency. The following section discusses decision ownership in medical care from the perspe... (shrink)

When clinical ethics committee members discuss a complex ethical dilemma, what use do they have for normative ethical theories? Members without training in ethical theory may still contribute to a pointed and nuanced analysis. Nonetheless, the knowledge and use of ethical theories can play four important roles: aiding in the initial awareness and identification of the moral challenges, assisting in the analysis and argumentation, contributing to a sound process and dialogue, and inspiring an attitude of reflexivity. These four roles of (...) ethical theory in clinical ethics consultation are described and their significance highlighted, while an example case is used as an illustration throughout. (shrink)

The purpose of this paper is to analyze the structure and the defeasibility conditions of argument from analogy, addressing the issues of determining the nature of the comparison underlying the analogy and the types of inferences justifying the conclusion. In the dialectical tradition, different forms of similarity were distinguished and related to the possible inferences that can be drawn from them. The kinds of similarity can be divided into four categories, depending on whether they represent fundamental semantic features of the (...) terms of the comparison or non-semantic ones, indicating possible characteristics of the referents. Such distinct types of similarity characterize different kinds of analogical arguments, all based on a similar general structure, in which a common genus is abstracted. Depending on the nature of the abstracted common feature, different rules of inference will apply, guaranteeing the attribution of the analogical predicate to the genus and to the primary subject. This analysis of similarity and the relationship thereof with the rules of inference allows a deeper investigation of the defeasibility conditions. (shrink)

Education and cognition research today generally recognize the tri-dimensional nature of reasoning processes as involving cognitive, social and emotional phenomena. However, there is so far no theoretical framework articulating these three dimensions from a descriptive perspective. This paper aims at presenting a first model of how group emotions work in collective reasoning, and specifies their social and cognitive functions. This model is inspired both from a multidisciplinary literature review and our extensive previous empirical work on an international corpus of videotaped (...) student debates. The cognitive function of emotions is defined in reference to the process of schematization and associated emotional framing. On the other hand, the social function of emotions refers to recognition-oriented behaviors that correspond to engagement into specific types of group talk, implying specific politeness rules or face-preservation systems. We believe that our multi-dimensional and multi-level approach to group reasoning, which mostly employs a linguistic perspective, can be applied to a diversity of contexts. We hope it will serve as a basis for further discussion on the role of emotions in reasoning among the interdisciplinary community of argumentation studies. (shrink)

A new kind of debate about the normative error theory has emerged. Whereas longstanding debates have fixed on the error theory’s plausibility, this new debate concerns the theory’s believability. Bart Streumer is the chief proponent of the error theory’s unbelievability. In this brief essay, we argue that Streumer’s argument prevails against extant critiques, and then press a criticism of our own.

In this paper I examine the prospects for a rights-based approach to the morality of pure risk-imposition. In particular, I discuss a practical challenge to proponents of the thesis that we have a right against being imposed a risk of harm. According to an influential criticism, a right against risk-imposition will rule out all ordinary activities. The paper examines two strategies that rights theorists may follow in response to this “Paralysis Problem”. The first strategy introduces a threshold for when a (...) risk-imposition is a rights violation. The second strategy drops the claim that rights are absolute and maintains that all rights infringements generate compensation duties. It is argued that both strategies face significant practical problems of their own and that the Paralysis Problem seems fatal for a right against risk-imposition in the absence of an adequate account of the morally relevant threshold risk. (shrink)

This paper offers a qualified defense of a historically popular view that I call sentimental perceptualism. At a first pass, sentimental perceptualism says that emotions play a role in grounding evaluative knowledge analogous to the role perceptions play in grounding empirical knowledge. Recently, András Szigeti and Michael Brady have independently developed an important set of objections to this theory. The objections have a common structure: they begin by conceding that emotions have some important epistemic role to play, but then go (...) on to argue that understanding how emotions play that role means that there must be some alternative, emotion-independent route to obtaining knowledge of value. If there has to be such an emotion-independent route, then the perceptual analogy breaks down in a significant way. In this paper, I argue that the right ways for sentimental perceptualists to respond to each of these objections are revealed by thinking through how analogous objections applied to perception and the empirical domain would be answered. Although Szigeti's and Brady's objections should not persuade sentimental perceptualists to give up their view, the objections do put important constraints on what a form of the view has to be like in order to do exciting metaethical work. (shrink)

It is common to focus on the duties of the wrongdoer in cases that involve injustice. Presumably, the wrongdoer owes her victim an apology for having wronged her and perhaps compensation for having harmed her. But, these are not the only duties that may arise. Are other beneficiaries of an injustice permitted to retain the fruits of the injustice? If not, who becomes entitled to those funds? In recent years, the Connection Account has emerged as an influential account that purports (...) to explain cases such as Embezzlement. This account holds that benefiting from injustice can give rise to a corrective duty - that is, a duty of compensation - owed specifically to the victim of the injustice from which the recipient benefits. This duty is grounded in the connection between the victim and the beneficiary of a given injustice. This paper has two aims. First, I show that we must reject the Connection Account on the grounds that it risks failing correctly to identify those who become entitled to the fruits of injustice. I achieve this by developing and defending the fairness objection. Second, I offer an alternative account: the Moral Taintedness Account. This account states that, when identifying who is entitled to the fruits of injustice, the cause and the degree of the harm suffered by a victim are both relevant considerations, though it does not matter whether the victim is the victim of the injustice that gave rise to the fruits in question. This account avoids the problem associated with the Connection Account, and yields intuitive conclusions in an important range of test cases. (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)

I argue that the effectiveness of forgiveness in the healing of relationships is dependent on both the givers and recipients of forgiveness understanding that once it has been granted, forgiveness is not normally able to be retracted. When we forgive, we make a firm commitment not to return to our former state of moral resentment against the offender, replacing it by good-will. This commitment can be broken only where the forgiving party makes some significant cognitive adjustment to her appraisal of (...) either the offender or the offence, believing that her original forgiveness was granted in error. I reject the view that forgiveness can lapse or be withdrawn on the basis of a return of hurt or disappointed feelings, arguing that these do not amount to a restoration of the resentment that is extinguished when forgiveness is granted. I contend that a person who ‘forgives’ and later takes back that ‘forgiveness’ because certain negative feelings have returned either did not genuinely forgive in the first place or shows that she has not fully grasped the nature of forgiveness. (shrink)

This paper analyzes the following question: What do women deserve, ethically speaking, when they agree to gestate a fetus on behalf of third parties? I argue for several claims. First, I argue that gestational motherhood’s moral significance has been misunderstood, an oversight I attribute to the focus in family ethics on the conditions of parenthood. Second, I use a less controversial version of James Rachels’s account of desert to argue that gestational mothers deserve a parent-like voice as well as significant (...) care and support, conclusions that have implications for commercial surrogacy. Finally, I argue that we should not make requests of others when fulfilling them will lead others to deserve goods we cannot reasonably expect them to receive, and I conclude based on this thesis, what I call the “strings attached thesis,” that pro-life arguments in support of prohibitions on abortion commit their proponents to policies which they may not be willing to support. (shrink)

McMahan argues that justification defeats liability to defensive attack. In response, I argue, first, that McMahan’s attempt to burden the contrary claim with counter-intuitive implications fails; second, that McMahan’s own position implies that the innocent civilians do not have a right of self-defense against justified attackers, which neither coheres with his description of the case nor with his views about rights forfeiture, is unsupported by independent argument, and, in any case, extremely implausible and counter-intuitive; and third, that his interpretation of (...) the insulin case confuses the normative relations between an agent’s justification and non-liability on the one hand and permissible or impermissible interference with the agent’s act on the other. Similar confusions, fourth, affect his discussion of liability to compensation. (shrink)

In thinking about global poverty, the question of moral motivation is of central importance: Why should the average person in the West feel morally compelled to do anything to help the poor? Various answers to this question have been constructed—and yet poverty persists. In this paper I will argue that, among other difficulties, the current approaches to the problem of poverty overlook a critical element: that poverty not only harms the poor, it harms every human being. Its existence forces us (...) to live in a world where we are compelled by a pervasive ideology to eviscerate our own humanity and neglect our human impulses. Drawing on Karl Marx’s Aristotelian-influenced notion of our human essence as “species-being,” I will construct an account of moral motivation in the face of poverty that stems from a selfish desire to avoid these harms. Thus our moral impetus for acting to help the poor comes not from feelings of guilt about how poverty harms them, but rather from recognizing that poverty is harming all of us. By fighting against global poverty, we seek to make the world a better place for ourselves and the poor alike. (shrink)

In most theories of the quantum measurement process changes in an observer’s perception of a state can take place without forces, as for example if a state is prepared in an eigenstate of \ but \ is measured. In the “special state” theory any change in wave function requires forces. This allows experimental tests to distinguish these ideas and in the present article two examples of such tests are considered. The first is a kind of double Stern–Gerlach experiment, the second (...) a check for angular momentum changes in a polarizer. (shrink)