THE FORUM

In this article, I present a contractualist conception of human-participant research ethics, arguing that the most appropriate source of the rights and responsibilities of researcher and participant is the contractual understanding between them. This conception appears to explain many of the more fundamental ethical incidents of human-participant research. I argue that a system of contractual rights and responsibilities would allow a great deal of research that has often been felt to be ethically problematic, such as research involving deception, concealed research, and research on dependent populations. However, in defining the conditions under which such research should be permissible, my contractualist theory also makes it clear that there are limits-and explains what those limits are-to the propriety of such research.     

Contractualism,Person-Affecting Wrongness and the Non-identity Problem

A number of theorists have argued that Scanlon's contractualist theory both "gets around" and "solves" the non-identity problem. They argue that it gets around the problem because hypothetical deliberation on general moral principles excludes the considerations that lead to the problem. They argue that it solves the problem because violating a contractualist moral principle in one's treatment of another wrongs that particular other, grounding a person-affecting moral claim. In this paper, I agree with the first claim but note that all it shows is that the act is impersonally wrong. I then dispute the second claim. On Scanlon's contractualist view, one wrongs a particular other if one treats the other in a way that is unjustifiable to that other on reasons she could not reasonably reject. We should think of person-affecting wronging in terms of the reasons had by the actual agent and the actual person affected by the agent's action. In non-identity cases, interpersonal justifiability is therefore shaped both by the reason to reject the treatment provided by the bad suffered and the reason to affirm the treatment provided by the goods had as a result of existing. I argue it would be reasonable for the actual person to find the treatment justifiable, and so I conclude that Scanlon's contractualist metaethics does not provide a narrow person-affecting solution to the non-identity problem on its own terms. I conclude that the two claims represent a tension within Scanlon's contractualist theory itself.     

THE FEASIBILITY OF BASIC SOCIOECONOMIC HUMAN RIGHTS: A CONCEPTUAL EXPLORATION

To be justifiable, the demands of a conception of human rights and global justice must be such that (a) they focus on the protection of important human interests, and (b) their fulfilment is feasible. I discuss the feasibility condition. I present a general account of the relation between moral desirability, feasibility and obligation within a conception of justice. I analyse feasibility, a complex idea including different types, domains and degrees. It is possible to respond in various ways if the fulfilment of basic socioeconomic human rights against severe poverty seems at first to be infeasible.     

Why it is Disrespectful to Violate Rights: Contractualism and the Kind-Desire Theory

The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based desire is a reason to want something which one has simply in virtue of being a member of a certain kind. Rowan Cruft objects that this theory creates a puzzle about the relation between rights and respect. In particular, if rights are not grounded in aspects of the particular individuals whose rights they are (e.g., their well-being), how can we sustain the intuitive notion that to violate a right is to disrespect the right-holder? I present a contractualist account of respect which reconciles the Kind-Desire Theory with the intuition that rights-violations are disrespectful. On this account, respect for a person is a matter of acknowledging her legitimate authority to make demands on the will and conduct of others. And I argue that kind-based desires authorize a person to make demands even if they do not correspond to that person’s well-being or other non-relational features.     

A Contextualized Approach to Patient Autonomy Within the Therapeutic Relationship

Some authors have advanced a contractual model to protect patient autonomy within the therapeutic relationship. Such a conception of the physician–patient relationship is intended to serve both parties by respecting patients' choices and preserving physician integrity. I critique this contractual view and offer an alternative, feminist contextualized approach to autonomy within the therapeutic relationship. This approach places the physician-patient relationship within a larger social context, and indicates the many social inequalities that render insupportable the notion of physicians and patients as contracting equals.     

Do Engineers have Social Responsibilities?

ABSTRACT Most American engineers believe that they have a responsibility for the safety and well-being of society, but whence does this responsibility arise? What does it entail? After describing engineering practice in America as compared with the practice of other professions, this paper examines two standard types of accounts of the social responsibilities of professionals. While neither provides a satisfactory account of the social responsibilities of American engineers, several lessons are learned by uncovering their weaknesses. Identifying the framework in which professional rights and responsibilities are justified, I argue that an end or primary good is the starting place for conceptualizing a profession, and justifying its existence and shape. Too little attention has been paid to the end(s) of engineering. The social responsibilities of American engineers as defined in the present system of engineering are ambiguous and weak. I indicate how the case for assigning American engineers stronger social responsibilities must be made by starting with the end(s) of engineering. I argue that, at present, American engineers do not have social responsibilities as engineers, though they do have social responsibilities as persons.     

Assessing the remedy: the case for contracts in clinical trials

Current orthodoxy in research ethics assumes that subjects of clinical trials reserve rights to withdraw at any time and without giving any reason. This view sees the right to withdraw as a simple extension of the right to refuse to participate all together. In this paper, however, I suggest that subjects should assume some responsibilities for the internal validity of the trial at consent and that these responsibilities should be captured by contract. This would allow the researcher to impose a penalty on the subject if he were to withdraw without good reason and on a whim. This proposal still leaves open the possibility of withdrawing without penalty when it is in the subject's best interests to do so. Giving researchers recourse to legal remedy may now be necessary to protect the science, as existing methods used to increase retention are inadequate for one reason or another.     

POVERTY AND RIGHTS

I defend economic and social rights as human rights, and as a feasible approach to addressing world poverty. I propose a modest conception of economic and social rights that includes rights to subsistence, basic health care and basic education. The second part of the paper defends these three rights. I begin by sketching a pluralistic justificatory framework that starts with abstract norms pertaining to life, leading a life, avoiding severely cruel treatment, and avoiding severe unfairness. I argue that economic and social rights are not excessively burdensome on their addressees and that they are feasible worldwide in the appropriate sense. Severe poverty violates economic and social rights, and accordingly generates high-priority duties of many parties to work towards its elimination.     

The family and the bonds of recognition

I draw upon the resources of the philosophy of recognition, as well as recent research associated with existentialist, psychoanalytic and family-therapy forms of psychotherapy, to develop an account of the family as a distinctive and relatively autonomous system of affective recognition. Those forms of recognition that are most essential in the broader social and political spheres—for instance, those found in law and in contractual relations—generally concern our recognition of each other as discrete, self-conscious, individual agents who are at bottom independent of each other. In contrast, it is argued that familial recognition is founded upon a rather different conception of selfhood, one that emphasizes our inherent porosity with respect to other selves, and so on our incapacity to set ourselves apart from others. Moreover, familial recognition is enacted primarily at the affective, preconscious level, such that members find themselves implicated in each other's self-identities prior to their being in a position to fully appreciate, in a more self-conscious and independent manner, the nature and extent of their involvement. I follow Hegel in arguing that, for these reasons, familial recognition is not only autonomous with respect to certain of the forms of recognition governing the wider social world, but that it is in certain respects at odds with them.     

Contractualism and Global Economic Justice

This article examines Rawls's and Scanlon's surprisingly undemanding contractualist accounts of global moral principles. Scanlon's Principle of Rescue requires too little of the world's rich unless the causal links between them and the poor are unreliable. Rawls's principle of legitimacy leads him to theorize in terms of a law of peoples instead of persons, and his conception of a people leads him to spurn global distributive equality. Rawls's approach has advantages over the cosmopolitan egalitarianism of Beitz and Pogge. But it cannot generate principles to regulate the entire global economic order. The article proposes a new cosmopolitan economic original position argument to make up for this lack in Rawls's Law of Peoples.     

Open your eyes and look harder! (An investigation into the idea of a responsible visual search)

In this paper, I explore and defend the idea that we have epistemic responsibilities with respect to our visual searches, responsibilities that are far more fine‐grained and interesting than the trivial responsibilities to keep our eyes open and “look hard.” In order to have such responsibilities, we must be able to exert fine‐grained and interesting forms of control over our visual searches. I present both an intuitive case and an empirical case for thinking that we do, in fact, have such forms of control over our visual searches. I then show how these forms of control can be used to aim the visual beliefs that result from our searches toward various epistemic goals.     

Nozick, Prohibition, and No-Fault Motor Insurance

ABSTRACT No‐fault insurance schemes involve prohibiting exercise of the natural rights of individuals to recover damages from those whose negligence causes them harm. Public debate about no‐fault emphasises consequentialist benefits, and takes little account of the putative rights of individuals to recovery. I argue, however, that even on a relatively extreme rights‐based conception of justice, such as Robert Nozick’s, it may be possible to justify a no‐fault scheme. The argument proceeds by: (1) elucidating what compensation the Nozickian must offer in return for prohibiting an activity such as the private recovery of damages; and consequently (2) arguing that there is no prima facie reason to think that the compensation afforded by participation in a no‐fault scheme would be any less adequate than that afforded by participation in a system of tort law     

Rights, Duties and Responsibilities in Health Care

ABSTRACT The value of autonomy is generally stated to be of prime importance in relation to health care. Arising out of this, rights of the patient to and in health care have been extensively discussed and stated, and have found expression in law. There have been minimal statements of the rights of others involved in health care, such as caregivers, and minimal discussion of duties and responsibilities in relation to rights claimed and conferred. The author suggests that no claim to rights in health care should now be accepted without consideration of related duties and responsibilities.     

Sympathy

In this article I examine an example of sympathy -- the actions of one woman who rescued Jews during their persecution in Nazi Europe. I argue that this woman's account of her actions here suggests that sympathy is a primitive response to the suffering of another. By primitive here I mean: first, that these responses are immediate and unthinking; and second, that these responses are explanatorily basic, that they cannot be explained in terms of some more fundamental feature of human nature -- such as some particular desire or sentiment that we possess. My conclusion is then that our sympathetic responses are themselves partially constitutive of our conception of what is to be a human being.     

The moral limits of Feinberg's liberalism

This essay explores Joel Feinberg's conception of liberalism and the moral limits of the criminal law. Feinberg identifies liberty with the absence of law. He defends a strong liberal presumption against law, except where it is necessary to prevent wrongful harm or offense to others. Drawing on Rawlsian, Marxian, and feminist standpoints, I argue that there are injuries to individual liberty rooted not in law, but in civil society. Against Feinberg, I defend a richer account of liberalism and liberty, linking them to human dignity, and a more positive role for law. Feinberg justifies liberty as an instrumental welfare‐interest, valuable in virtue of the way it serves the individual's ulterior goals. Drawing on the example of racism and civil rights, I argue that the value of equal liberty stems from its social role in constituting persons’ sense of their own worth and dignity. Against Feinberg, I claim that liberty's value is grounded in a shared historical ideal of personhood, not in the individual's goals or desires. Feinberg also links liberalism with an extreme anti‐paternalist position, on which individuals should be at liberty to alienate their very own right of personal autonomy. Drawing on the examples of slavery and drug addiction, I argue against this liberty, and the conception of liberalism and paternalism in Feinberg which leads to it. A liberalism founded upon an ideal of human dignity allows, even requires, a use of law to prevent persons from destroying the very conditions of their own autonomy and dignity.     

A Zero-Relationship Justification of Rights: A Contractual Approach Based on Rawls’ Device of the “Original Position”

In contemporary moral and political philosophy, there are two leading approaches to the justification of rights. These could be broadly identified as deontological theories and consequential theories. These two schools of theories each have their own strengths and weakness, while there is also a third contractual approach that is under represented. Because Rawls’ and Scanlon’s well-known contractual theories are designed for purposes other than the justification of rights, the purpose of this paper is to establish a principle of rights on the basis of Rawls’ justification device of the “original position.” First, it supplies a criterion based on human conduct or action. Second, based on this account of human conduct, different types of relationships are constructed and presented to the parties in the “original position.” Third, it will show that the parties in the “original position” would choose one of these relationships as the principle of rights. Finally, Rawls’ first principle of justice will be reformulated. The procedure of choosing a principle of rights in this paper could also be viewed as a demonstration that, when properly situated and motivated, human beings exhibit their potential as rational beings.     

Scientific Research and Human Rights: A Response to Kitcher on the Limitations of Inquiry

In his recent work exploring the role of science in democratic societies Kitcher (Science in a democratic society. Prometheus Books, New York, 2011) claims that scientists ought to have a prominent role in setting the agenda for and limits to research. Against the backdrop of the claim that the proper limits of scientific inquiry is John Stuart Mill’s Harm Principle (Kitcher in Science, truth, and democracy. Oxford University Press, New York, 2001), he identifies the limits of inquiry as the point where the outcomes of research could cause harm to already vulnerable populations. Nonetheless, Kitcher argues against explicit limitations on unscrupulous research on the grounds that restrictions would exacerbate underlying social problems. I show that Kitcher’s argument in favor of dissuading inquiry through conventional standards is problematic and falls prey to the same critique he offers in opposition to official bans. I expand the conversation of limiting scientific research by recognizing that the actions that count as ‘science’ are located in the space between ‘thinking’ and ‘doing’. In this space, we often attempt to balance freedom of research, as scientific speech, against the disparate impact citizens might experience in light of such research. I end by exploring if such disparate impact justifies limiting research, within the context of the United States, under Title VII of the Civil Rights Act of 1964 or under international human rights standards more generally.     

Risking Future Generations

Many of the policy choices we face that have implications for the lives of future generations involve creating a risk that they will live lives that are significantly compromised. I argue that we can fruitfully make use of the resources of Scanlon’s contractualist account of moral reasoning to make sense of the intuitive idea that, in many cases, the objection to adopting a policy that puts the interest of future generations at risk is that doing so wrongs those who will live in the further future.     

Soft Libertarianism and Hard Compatibilism

In this paper I discuss two kinds of attempts to qualify incompatibilist and compatibilist conceptions of freedom to avoid what have been thought to be incredible commitments of these rival accounts. One attempt -- which I call soft libertarianism -- is represented by Robert Kane's work. It hopes to defend an incompatibilist conception of freedom without the apparently difficult metaphysical costs traditionally incurred by these views. On the other hand, in response to what I call the robot objection (that if compatibilism is true, human beings could be the products of design), some compatibilists are tempted to soften their position by placing restrictions on the origins of agency. I argue that both of these attempts are misguided. Hard libertarianism and hard compatibilism are the only theoretical options.