Confronting Deep Moral Disagreement: The President's Council on Bioethics,Moral Status,and Human Embryos

The report of the President's Council on Bioethics, Human Cloning and Human Dignity, addresses the central ethical, political, and policy issue in human embryonic stem cell research: the moral status of extracorporeal human embryos. The Council members were in sharp disagreement on this issue and essentially failed to adequately engage and respectfully acknowledge each others' deepest moral concerns, despite their stated commitment to do so. This essay provides a detailed critique of the two extreme views on the Council (i.e., embryos have full moral status or they have none at all) and then gives theoretical grounding for our judgment about the intermediate moral status of embryos. It also supplies an account of how to address profound moral disagreements in the public arena, especially by way of constructing a middle ground that deliberately pays sincere respect to the views of those with whom it has deep disagreements.     

Physician-assisted suicide, euthanasia, and Christian bioethics: moral controversy in Germany.

Discussions in Germany regarding appropriate end-of-life decision-making have been heavily influenced by the liberalization of access to physician-assisted suicide and voluntary active euthanasia in the Netherlands and Belgium. These discussions disclose conflicting moral views regarding the propriety of physician-assisted suicide and euthanasia, threatening conflicts within not only the medical profession, but also the mainline churches in Germany, whose membership now entertains views regarding end-of-life decision-making at odds with traditional Christian doctrine. On the surface, there appears to be a broad consensus supporting the hospice movement and condemning physician-assisted suicide and euthanasia. The German Supreme Court has held that treatment decisions should, in absence of known patients' wishes, be made in light of commonly shared values, unless these violate the principle of "in dubio pro vita". The Roman Catholic church and the Evangelical Lutheran church in Germany have developed an advance directive for treatment choices at the end of life, while condemning physician-assisted suicide and euthanasia. This stance is in tension with the strong emerging support for physician-assisted suicide and euthanasia, a development that promises to open up foundational disagreements within mainline German Christianity regarding the appropriate approach to intentionally terminating human life.     

At the edge of humanity: human stem cells, chimeras, and moral status

Experiments involving the transplantation of human stem cells and their derivatives into early fetal or embryonic nonhuman animals raise novel ethical issues due to their possible implications for enhancing the moral status of che chimeric individual. Although status-enhancing research is not necessarily objectionable from the perspective of the chimeric individual, there are grounds for objecting to it in the conditions in which it is likely to occur. Translating this ethical conclusion into a policy recommendation, however, is complicated by the fact that substantial empirical and ethical uncertainties remain about which transplants, if any, would significantly enhance the chimeric individual's moral status. Considerations of moral status justify either an early-termination policy on chimeric embryos, or, in the absence of such a policy, restrictions on the introduction of pluripotent human stem cells into early-stage developing animals, pending the resolution of those uncertainties.     

Disagreement, consensus, and moral integrity

The Advisory Committee on Human Radiation Experiments experienced some disagreements among its members in the course of its work. An epistemological controversy over the nature and degree of evidence required to draw ethical conclusions pervaded the Committee's deliberations. Other disagreements involved the proper role of a governmental advisory committee and the question of when it is appropriate to notify people that they were unknowing subjects of radiation experiments. In the end, the Committee was able to reach consensus on almost all of its findings and recommendations through a process that preserved the integrity of its members.     

Blaming, praising, and protecting our humanity: the implications of everyday dehumanization for judgments of moral status

Being human implies a particular moral status: having moral value, agency, and responsibility. However, people are not seen as equally human. Across two studies, we examine the consequences that subtle variations in the perceived humanness of actors or groups have for their perceived moral status. Drawing on Haslam's two-dimensional model of humanness and focusing on three ways people may be considered to have moral status - moral patiency (value), agency, or responsibility - we demonstrate that subtly denying humanness to others has implications for whether they are blamed, praised, or considered worthy of moral concern and rehabilitation. Moreover, we show that distinct human characteristics are linked to specific judgments of moral status. This work demonstrates that everyday judgments of moral status are influenced by perceptions of humanness.     

On the alleged connection between moral evil and human freedom

Those who advance the traditional argument from human freedom presume that human freedom provides an adequate explanation of moral evil. I argue that this presumption is erroneous. An adequate explanation of our capacity to make choices that produce moral evil must be distinguished from an adequate explanation of the actuality of such choices. Human freedom may account for our ability to make choices that issue in moral evil. It cannot, by itself, account for our actually making such choices. Something more than our potential for choices that produce moral evil is required to adequately explain the profusion of moral evil that we actually find in the world.     

The scourge: moral implications of natural embryo loss

It is often claimed that from the moment of conception embryos have the same moral status as adult humans. This claim plays a central role in many arguments against abortion, in vitro fertilization, and stem cell research. In what follows, I show that this claim leads directly to an unexpected and unwelcome conclusion: that natural embryo loss is one of the greatest problems of our time and that we must do almost everything in our power to prevent it. I examine the responses available to those who hold that embryos have full moral status and conclude that they cannot avoid the force of this argument without giving up this key claim.     

The controversy over retrospective moral judgment

The mandate of the U.S. Advisory Committee on Human Radiation Experiments required that the Committee take a position on the validity of retrospective moral judgments. However, throughout its period of operation, the Committee remained divided on the question of whether sound judgments of individual culpability and wrongdoing should be included in its Final Report. This essay examines the arguments that various committee members marshalled to support their opposing views on retrospective moral judgment and explains the significance of the controversy.     

Contingency,arbitrariness, and the basis of moral equality

Hardly anyone denies that (nearly) all human beings have equal moral status and therefore should be considered and treated as equals. Yet, if humans possess the property that confers moral status upon them to an unequal degree, how come they should be considered and treated as equals? It has been argued that this is because the variations in the degree to which the status-conferring property is held above a relevant threshold are contingencies that do not generate differences in degrees of moral status. Call this the contingency argument for the basis of moral equality. In this paper, I reject the contingency argument. Instead, I develop an attitude-based account of the basis of moral equality: according to this account, the basis of moral equality lies in a fitting, basic, and independent moral attitude which is owed to human beings qua moral status-holders, and provides a coherent and plausible explanation for why the variations above the threshold for moral status do not matter.     

Slaves, embryos, and nonhuman animals: moral status and the limitations of common morality theory

Common morality theory must confront apparent counterexamples from the history of morality, such as the widespread acceptance of slavery in prior eras, that suggest core norms have changed over time. A recent defense of common morality theory addresses this problem by drawing a distinction between the content of the norms of the common morality and the range of individuals to whom these norms apply. This distinction is successful in reconciling common morality theory with practices such as slavery, but only at the cost of underscoring the limits of common morality theory, in particular its inability to resolve disputes about the moral status of entities. Given that many controversies in bioethics center on the disputed status of various entities, such as embryos and nonhuman animals, this is an important limitation. Nonetheless, common morality theory still can be a useful resource in diminishing moral conflict on issues that do not involve disputes over moral status.     

Determining the status of non-transferred embryos in Ireland: a conspectus of case law and implications for clinical IVF practice

The development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional 'right to procreate' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered.     

Human Cloning and Embryo Research: The 2003 John J. Conley Lecture on Medical Ethics

The author, a member of the U.S.President's Council on Bioethics, discussesethical issues raised by human cloning, whetherfor purposes of bringing babies to birth or forresearch purposes. He first argues that everycloned human embryo is a new, distinct, andenduring organism, belonging to the speciesHomo sapiens, and directing its owndevelopment toward maturity. He then distinguishesbetween two types of capacities belonging toindividual organisms belonging to this species,an immediately exerciseable capacity and abasic natural capacity that develops over time. He argues that it is the second type ofcapacity that is the ground for full moralrespect, and that this capacity (and itsconcomitant degree of respect) belongs tocloned human embryos no less than to adulthuman beings. He then considers and rejectscounter-arguments to his position, includingthe suggestion that the capacity of embryos isequivalent to the capacity of somatic cells,that full human rights are afforded only tohuman organisms with functioning brains, thatthe possibility of twinning diminishes themoral status of embryos, that the fact thatpeople do not typically mourn the loss of earlyembryos implies that they have a diminishedmoral status, that the fact that earlyspontaneous abortions occur frequentlydiminishes the moral status of embryos, andthat his arguments depend upon a concept ofensoulment. He concludes that if the moralstatus of cloned human embryos is equivalent tothat of adults, then public policy should bebased upon this assumption.     

Human enhancement and supra-personal moral status

Several authors have speculated that (1) the pharmaceutical, genetic or other technological enhancement of human mental capacities could result in the creation of beings with greater moral status than persons, and (2) the creation of such beings would harm ordinary, unenhanced humans, perhaps by reducing their immunity to permissible harm. These claims have been taken to ground moral objections to the unrestrained pursuit of human enhancement. In recent work, Allen Buchanan responds to these objections by questioning both (1) and (2). I argue that Buchanan’s response fails. However, I then outline an alternative response. This response starts from the thought that, though moral status-increasing human enhancements might render ordinary, unenhanced humans less immune to permissible harm, they need not worsen the overall distribution of this immunity across beings. In the course of the argument I explore the relation between mental capacity and moral status and between moral status and immunity to permissible harm.     

道德本能与道德判断

Human beings’ moral life can be divided into two forms, one based on moral instincts and the other on moral judgments. The former is carried on without deliberation, while the latter relies upon valuations and judgments. The two can ultimately be viewed as man’s innate moral nature and acquired moral conventions. Theoretically, preference for the former will lead to naturalism and for the latter to culturalism, but this is the reality of man’s moral life. Moreover, there may be a parallel relation between the moral structure of human life and the grammatical structure of human language. Translated by Yu Xin from Zhexue yanjiu 哲学研究 (Philosophical Researches), 2007, (12): 72–78     

Religious factors in moral decision-making: Towards an integrated,socio-cultural,developmental, model

Abstract

For far too long, developmental approaches in the psychology of religion have paid insufficient attention to the richness and variety of social and cultural factors in human development and their relationship to religious belief, practice, belonging, identity, and world views, and often, related framing of spiritual questions, concerns, and disciplines. If scholars in the psychology of human development and psychology of religion have offered critical appraisals of the shortcomings of the neo-Piagetian, cognitive-developmental models that have dominated the scientific literature, and offered promising contributions and needed correctives to the omissions of cognitive-developmental approaches, the field is still in need of an integrated, socio-cultural developmental approach to human development and religious functioning. In this article we propose one way of moving toward a more integrated approach in these fields, with special attention to the advantages of such an effort in the study of religious elements in moral decision-making and moral development.     

Stem cell research: a target article collection: Part III--determining moral status

In this chapter, I review some of the background thinking concerning matters of moral status that I had developed in previous years and that I would now bring to the work of the Human Embryo Research Panel. Two ideas were at the forefront of my thinking. First, that biology usually offers not decisive "events" but only continuous processes of development. Second, in making status determinations we do not so much "identify" a point on a developmental continuum where moral respect should be accorded as "choose" that point. These choices are "balancing decisions" in which the community of moral agents weighs its interests in protecting an entity against the burdens of doing so. After illustrating these two contentions, I consider some of the reasons why thinkers on the "right" and "left" of our bioethics debates have resisted or missed this basic insight.     

Capacities, context and moral status of animals

According to a widely shared intuition, normal adult humans require greater moral concern than normal, adult animals in at least some circumstances. Even the most steadfast defenders of animals' moral status attempt to accommodate this intuition, often by holding that humans' higher-level capacities (intellect, linguistic ability, and so on) give rise to a greater number of interests, and thus the likelihood of greater satisfaction, thereby making their lives more valuable. However, the moves from capacities to interests, and from interests to the likelihood of satisfaction, have up to now gone unexamined and undefended. I argue that context plays a morally significant role both in the formation of an individual's capacities, and in the determination of the individual's interests and potential for satisfaction based on those capacities. Claims about an individual's capacities and interests are typically presented as unconditional; but on closer examination, they are revealed to be contingent on tacit assumptions about context. Until we develop an understanding of how to account for the role of context within our moral theories, attempts to defend special moral concern for human beings based on their superior capacities are less firmly grounded than is commonly thought.     

Moral realism as moral motivation: The impact of meta-ethics on everyday decision-making

People disagree about whether “moral facts” are objective facts like mathematical truths (moral realism) or simply products of the human mind (moral antirealism). What is the impact of different meta-ethical views on actual behavior? In Experiment 1, a street canvasser, soliciting donations for a charitable organization dedicated to helping impoverished children, primed passersby with realism or antirealism. Participants primed with realism were twice as likely to be donors, compared to control participants and participants primed with antirealism. In Experiment 2, online participants primed with realism as opposed to antirealism reported being willing to donate more money to a charity of their choice. Considering the existence of non-negotiable moral facts may have raised the stakes and motivated participants to behave better. These results therefore reveal the impact of meta-ethics on everyday decision-making: priming a belief in moral realism improved moral behavior.     

An analysis of moral issues affecting patenting inventions in the life sciences: A European perspective

Following the 1980 US Supreme Court decision to allow a patent on a living organism, debate has continued on the moral issues involved in biotechnology patents of many kinds and remains a contentious issue for those opposed to the use of biotechnology in industry and agriculture. Attitudes to patenting in the life sciences, including those of the research scientists themselves, are analysed. The relevance of morality to patent law is discussed here in an international context with particular reference to the law of the European Patent Convention administered by the European Patent Office (EPO). The EPO has been the principal forum for opposition to such patents and the few cases under dispute in the EPO are reviewed, including patents for the onco-mouse, human relaxin gene, and the PGS herbicidally resistant plant (gmo). Morality provisions in the European Parliament and Council Directive 98/44/EC are also summarised.