Introduction: Law and Disobedience

This essay considers some major questions raised by civil and other forms of conscientious disobedience. What distinguishes that form of dissent? Can we recognise the legitimacy of a political system yet defy its laws? Is disobeying a democratic decision especially or entirely unacceptable, or can disobedience be an instrument of democracy? If a regime recognises rights, how should we regard disobedience that appeals to those rights in challenging the regime’s laws? How should reasons for obedience figure in our thinking about justified disobedience? The essay locates the contributions that make up this special issue of Res Publica within these debates about disobedience. It questions whether any general theory of justified disobedience can command agreement: the conditions that give rise to conscientious disobedience -- conflicting values and judgements -- seem to preclude consensus on when its use is justified.     

The role of philosophy in the contemporary abortion debate.

Inspired by Patrick Lee's "A Christian Philosopher's View of Recent Directions in the Abortion Debate," this essay raises the question of how effective philosophical arguments can be in determining the moral status of legalized abortion. On one hand, Christian philosophers have been successful in explaining both the humanity and the personhood of the unborn child, as well as exposing the incoherence of those who would deny the unborn child's humanity or personhood. Nevertheless, in order to confront the pro-abortion position in its most radical form, a much more complex philosophical argument must be given. Following thinkers such as Alasdaire MacIntyre, Christian philosophers must articulate and promote a philosophical position according to which morality is conceived in richer terms than the mere respecting of individual rights. The social dimension of human nature must be rediscovered in order that the happiness and welfare of others becomes a desirable goal in and of itself. According to a morality where individual rights is the bottom line (for example, that of Judith Jarvis Thompson), women very well may have the right to "extricate" themselves from their pregnancy even when doing so will result in the death of their child. What must be explained, therefore, is the more profound insight that social morality is equally concerned with obligations to others, including those who are most helpless and unable to speak for themselves.     

Global Economy,Justice and Sustainability

Although this paper attends to some extent to the question whether the global economy promotes or impedes either justice or sustainability, its main focus is on the relationship between justice and sustainability. Whilst sustainability itself as a normative goal is about sustaining inter alia justice, justice itself requires intergenerationally the sustaining of the conditions of a good life for all. At the heart of this is a conception of justice as realising the basic rights of all–in contrast to a more demanding distributive principle or a less demanding principle of not violating the liberty rights or other basic rights of others. Although Pogge’s analysis that the global economy causes harm by failing to realise basic rights is seen as a useful challenge to common libertarian assumptions, the acceptance of other positive correlative duties, following Shue, is advocated. Insofar as the global economy fails to realise basic justice, the question is ‘how far can it realistically be changed?’ and this is a function partly of the moral attitudes of individuals at large.     

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.     

病人自主权及其保障条件

病人自主权是病人的基本人权之一,是保障其生存权与健康权的基本条件,也是医学人道主义的重要内容。同时,在医疗活动的权力制衡中,代表病人权利的权力是必不可少的要素之一。因此,病人自主权必须受到充分的尊重。病人自主权要想得到充分的保障,必须以全民的权利意识觉醒为条件,以完善的法制与法治为保障,并要符合健康目的,遵从科学规律。     

Parent Satisfaction with Case Managed Systems of Care for Children and Youth with Severe Emotional Disturbance

Case management has emerged as an integral component of current efforts to reform the delivery of mental health services to children and youth with Severe Emotional Disturbance (SED). We examined parental satisfaction with one program's case management system for SED children. In order to validly address parental satisfaction, the program first turned to a group of its parents to develop a satisfaction measure, the Family Satisfaction Survey (FSS). Of the 51 parents who returned an FSS, 74% of the parents were generally satisfied while 26% indicated that they were dissatisfied with their families' case management services. Multivariate regression analyses were employed to examine the role played by client, service, and outcome variables in predicting parental satisfaction. After controlling for child diagnoses, severity of impairment, and levels of psychosocial stress, parent satisfaction with case management services was best predicted by the frequency of monthly contact and fewer days is a psychiatric hospital proportional to length of service. Our results suggest that parent satisfaction is based not only on what case managers do but on how this service impacts SED children's ability to remain at home and in their communities.     

Ethical Considerations in Psychotherapeutic Systems

Theoretical Medicine and Bioethics - In the process of individual psychotherapy, the client and the therapist work together towards clarifying the client's problems, unlocking vicious circles,...     

Once More into the Breach of Self-Ownership: Reply to Narveson and Brenkert

In reply to Narveson, I distinguish his no-proviso argument from his liberty argument, and I show that both fail. I also argue that interference lacks the strategic status he assigns to it, because it cannot be appropriately distinguished, conceptually and morally, from prevention; that natural resources do enjoy the importance he denies they have; that laissez-faire economies lack the superiority he attributes to them; that ownership can indeed be a reflexive relation; that anti-paternalism does not entail libertarianism; and that he misrepresents the doctrines of a number of philosophers, including John Locke, Ronald Dworkin, and myself. In reply to Brenkert, I show that he seriously misconstrues my view of the nature of freedom, and of its relationship to self-ownership. I then refute his criticisms of my treatment of the contrasts between self-ownership, on the one hand, and autonomy and non-slavery, on the other. I also show that his attempt to exorcize the demon of self-ownership is multiply flawed.     

RIGHTS AND RESPONSIBILITIES ON THE HOME PLANET

Abstract. Earth is the home planet, right for life. But rights, a notable political category, is, unfortunately, a biologically awkward word. Humans, nonetheless, have rights to a natural environment with integrity. Humans have responsibilities to respect values in fauna and flora. Appropriate survival units include species populations and ecosystems. Increasingly the ultimate survival unit isglobal; and humans have a responsibility to the planet Earth. Human political systems are not well suited to protect life atglobal ranges. National boundaries ignore important ecologicalprocesses; national policies do not favor an equitable distribution of sustainable resources. But there are signs of hope.     

Civic engagement and the possibility of the political

During the last half a century, civil rights movements have been led by people of faith even as they have marched in different directions. Some spoke out for the status quo while others demanded a different vision of justice, some for peace and others for war, for a violence-free life for women and against it. The issues and partisans shift, particularly as the relationship between state and church, faith and politics, has varied from one country to the next. Participation is dangerous, but even more so are inaction, withdrawal, obedience. This issue of Dialog takes another look at the history, philosophy, and practice of Christians.