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In this article, I defend Frances Kamm’sinviolability account against a powerful objection referred to as the saveability objection. Theinviolability account aims to justify deontological constraints (that prohibit us from harming innocent people even to minimise instances of the same type of harm overall) by referring to the idea that constraints hold us to be more inviolable and hence more important beings than we would otherwise be. The saveability objection says that we would seem to be at (...) least equally important if it was permissible to harm innocent people to save us in greater numbers. We would be less inviolable but more saveable. I argue that, despite looking initially forceful, the saveability objection fails to establish that we would have greater saveability without constraints because there is a sense in which the absence of constraints would not only make us less inviolable but also less saveable. (shrink)

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Introduction Non-consequentialists often attempt to capture a familiar, if slightly elusive, sense of moral wrongness. In particular, many non-consequentialists give a central role to the idea that there is a distinction to be made between acting wrongly and wronging someone. To explain, consider the difference between my duty not to trample sunflowers and my duty not to trample you. In the case of sunflowers, I might act wrongly in trampling them without good reason, but it does not seem that I (...) can wrong them by doing so. In juxtaposition, if I trample you it does not seem that I have merely acted wrongly, but that I have wronged you in particular because I owe it to you not to do so. Call this the Wronging Distinction.Arguably, the Wronging Distinction is important because it offers one possible way of explaining the intuitive authority of moral reasons. Deontic constraints, for example, seem to carry an unusual normative stringency insofar as they seem to be non-optional. Ted, for i .. (shrink)

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: This paper starts from three assumptions: that we are essentially human organisms, that we start to exist at conception, and that we retain our identity throughout our lives. The identity claim provides the background to argue that it is irrational for a person to claim that it would be impermissible to kill her now but permissible to have killed her at an earlier age. The notion of "full moral status" as an ascertainable property is questioned and shown to be (...) dependent on previously accepted moral norms. It is concluded that the exclusion of the very young from the scope of the norm o f common morality that prohibits the killing of the innocent amounts to discrimination on the basis of age. (shrink)

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There are increasing calls for rejecting the ‘dead donor’ rule and permitting ‘organ donation euthanasia’ in organ transplantation. I argue that the fundamental problem with this proposal is that it would bestow more worth on the organs than the donor who has them. What is at stake is the basis of human equality, which, I argue, should be based on an ineliminable dignity that each of us has in virtue of having a rational nature. To allow mortal harvesting would be (...) to make our worth contingent upon variable quality of life of judgments that can only be based on properties that come in degrees. Thus, rejecting the ‘dead donor’ rule comes at the expense of our egalitarian principles with respect to the value each individual human life has in relation to the protections against killing. (shrink)

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Agent-relative restrictions prohibit minimizing violations: that is, they require us not to minimize the total number of their violations by violating them ourselves. Frances Kamm has explained this prohibition in terms of the moral worth of persons, which, in turn, she explains in terms of persons’ high moral status as inviolable beings. I press the following criticism of this account: even if minimizing violations are permissible, we need not have a lower moral status provided other determinants thereof boost it. Thus, (...) Kamm’s account is incomplete at best. And when, to address this incompleteness, it is insisted that our moral worth derives from specific moral statuses, theinviolability account comes to seem deficient because it begs the question against those who are not initially persuaded that minimizing violations are impermissible. (shrink)

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I argue that contraception is morally wrong but that periodic abstinence (or natural family planning) is not. Further, I argue that altered nuclear transfer—a proposed technique for creating human stem cells without destroying human embryos—is morally wrong for the same reason that contraception is. Contrary to what readers might expect, my argument assumes nothing about the morality of cloning or abortion and requires no premises about God or natural teleology. Instead, I argue that contraception and altered nuclear transfer are morally (...) wrong because they fail to treat humanity as an inviolable end. (shrink)

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Frances Kamm has for some time now been a foremost champion of non-consequentialist ethics. One of her most powerful non-consequentialist themes has been the idea ofinviolability. Morality's prohibitions, she argues, confer on persons the status ofinviolability. This thought helps articulate a rationale for moral prohibitions that will resist the protean threat posed by the consequentialist argument that anyone should surely be willing to violate a constraint if doing so will minimize the overall number of such violations. (...) As Kamm put it in a 1992 article, ‘If morality permitted minimizing violations of persons by violating other persons, then each of those saved as well as those persons used to save others would be less inviolable. It is the permission, not any actual violation of persons, that makes this so.’ Now, as thus baldly asserted, this claim borders on the conclusory. It is almost as if the claim were that morality conferred on persons the following status: that of being protected from consequentialism. One wants to hear in whatinviolability consists, in more detail, so that we can understand it independently of the negation of consequentialism. And there is also an opposite problem: ifinviolability is a good, then why can't consequentialism take it into account? Hence, one also wants to hear why this would not be the case. (shrink)

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In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Asylia: TerritorialInviolability in the Hellenistic WorldElizabeth A. MeyerKent J. Rigsby. Asylia: TerritorialInviolability in the Hellenistic World. Berkeley, Los Angeles, and London: University of California Press, 1996. xvii 1 672 pp., 9 pls. (Hellenistic Culture and Society, 22)What was asylia, and what did the numerous grants of it signify? Kent Rigsby has tackled this 300-year-old question by compiling the first-ever collection of asylia decrees and (...) coin legends, thereby performing an immense service for those interested in Hellenistic diplomacy and religion, and putting the study of asylia on an entirely new footing.Asylia is “the declaredinviolability of places” (19), not persons, granted by “Panhellenic recognition” (21), and embodying “first and foremost a religious gesture, increasing the honor of the god” (14). The body of material about asylia begins in the 260s B.C. and ends in A.D. 22–23, when the Romans reviewed claims to asylia (Tac. 3.60–63, 4.14); references to asylia thereafter are not to new grants, but to grants made before A.D. 23 (3, 29, 35). This declaredinviolability of places includes both temples and cities, for “the inscriptions... by their language, geography, and chronology imply that asylia of temple and [End Page 460] city was the same” (20). As preface to the corpus there is a brief introduction (1–29), which surveys existing explanations of asylia, and an even briefer chapter called “The Documents” (30–40), which discusses terminology and the restrictions on the corpus itself. Finally, there is another brief chapter that looks at the mythical or quasi-historical examples of asylia at Elis, Delphi, Plataea, and Delos (41–53).In the corpus of 230 epigraphic entries that follows, the phenomenon of asylia in each area or city is discussed in its own chapter or section, parallel or supporting material thoughtfully examined, and the coin evidence scrutinized. This is not a book for beginners, as its policy of selective translation (40) and its lack of maps demonstrate. (All who know where Rhaucus and Baetocaece are situated, raise your hands!) The erudition is enormous, the scholarship meticulous. Even the fearsome editors of the Bulletin Epigraphique quailed at reporting all of Rigsby’s corrections and plausible conjectures and meekly recorded only five footnote-sized adjustments of their own. (Two of these, it should be noted, were based on information published too late to have come to Rigsby’s attention anyway; see REG 110 [1997] 484–85.) His grasp of detail and relentless good judgment must and will disarm all but the most aggressively knowledgeable critic with strong opinions on small matters. Louis Robert I am not.The question that seems to me worth asking, however, is: What can be made of this material? Rigsby, although he decided that “a corpus of the evidence would be of more use to scholars than another essay of historical interpretation” (xiii), does not neglect the necessary act of evaluating the significance of asylia. I do, however, question some of his conclusions, while emphasizing strongly that only his meticulous collection and study of the inscriptions make possible my qualified skepticism and the further questions I would like to see asked of this material.The introduction (1–29) critiques previous explanations of asylia from Spanheim (1706) to Pritchett (1991) and offers Rigsby’s own (13–19, 22–29). As he says, declarations ofinviolability can hardly have been attempts to enact the proper (and traditional) immunity of “sacred or neutral places” when popular religious scruple was no longer upholding it: there seems little likelihood that what was not instinctively felt would be voluntarily observed in obedience to a mere declaration (15). Nor were grants of asylia promises of collective defense (against, e.g., pirates), for no such collective defense was ever mounted, those granting asylia were often in no position to offer useful assistance, and no oath—“the sine qua non of a serious military intent” (22–23)—secured compliance (16).So far, so good. But what function, then, did grants of asylia serve? Rigsby suggests (22) that a declaration of asylia “never brought a recipient anything but honor, and that for most of its history no more than honor... (shrink)

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An important part of the debate over physician-assisted suicide concerns moral duties that are specific to physicians. It is sometimes argued that physicians, by virtue of special commitments rooted in the nature of their profession, may never intentionally kill a patient, and that therefore, whether or not assisted suicide may be justifiable, it can never be right for a physician to take part in such an act. I examine four types of argument that have been offered in support of this (...) conclusion, and find that none succeeds. Each attempts to show why the duty to conserve life must be unconditional for physicians, yet a consideration of the ways in which contemporary medicine has evolved shows that such a duty is now no more fundamental to the profession than a duty to relieve suffering, which may in some cases override it. (shrink)

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Ford, Norman The moral worth and dignity of the unborn child varies according to peoples' fundamental religious and personal beliefs on what constitutes a human person. The antithetical views on the moral value of the unborn child are due to different philosophies, which admits the existence and meaningfulness of nonmaterial reality and the other that practically denies both.

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One of the most difficult and widely discussed questions in recent moral theory is that of the status of human rights—the rights of individuals not to be violated, sacrificed, or used in certain ways, even in the service of valuable ends, either by other individuals or by governments and intermediate institutions. The reason for claiming such things as rights—apart from the natural tendency for rhetoric to escalate—is that they have some claim to be given priority over other values, a claim (...) to be taken care of first, for everyone, even if this cannot be justified by balancing their utility against other components of the general good or general welfare. There is probably no harm in attaching the term “right” to the minima that ought thus to be guaranteed to everyone—provided it does not produce confusion with negative rights, which are likewise equally to be accorded to everyone, and provided it does not beg any questions about the relative priorities between positive and negative rights, should they conflict. (shrink)

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The paper uses insights from the so-called rape in disguise case study to describe forensic DNA practices in the Netherlands in late 1980s. It describes how "reliabilities" of forensic DNA practices were achieved. One such reliability - convincing evidence - proliferates body parts through time and space. Then, attention shifts to the individual who was suspected of having committed the rape. He was asked to deliver tissue for DNA typing, but refused to do so. Hence DNA typing could not be (...) used to connect the suspect to a cervical smear collected from the body of the victim. His refusal and the legal impossibility to use force to obtain his biological material led first to questions in the Dutch parliament and then to the Dutch forensic DNA law. Other legal measures enacted after this are also described. I argue that, by means of the various Dutch forensic DNA laws and new forensic genetic techniques, the application of forensic DNA practices have shifted from identification and evidence to a tool for criminal investigation and prevention of future crimes. In the final part of the paper, the right toinviolability of the body and its synonym bodily integrity are emphasised. I argue that despite the various forensic DNA laws, bodily integrity of obtained tissue for DNA typing is still at stake as the result of convincing evidence. (shrink)

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We show that we in ways related to the classical Square of Opposition may define a Cube of Opposition for some useful statements, and we as a by-product isolate a distinct directive of being inviolable which deserves attention; a second central purpose is to show that we may extend our construction to isolate hypercubes of opposition of any finite cardinality when given enough independent modalities. The cube of opposition for obligations was first introduced publically in a lecture for the Square (...) of Opposition Conference in the Vatican in May 2014. -/- A COLORFUL ERRATUM: The article Cubes and Hypercubes of Opposition, with Ethical Ruminations onInviolability, suffered a couple of mishaps when it was published in Logica Universalis, ISSN 1661-8297, 10(2-3), p. 373–376. The worst of them was that the colorful cube was printed in shades of grey, instead of decorating the sides with two transparent sides, and then a red, a yellow, a blue and a green side. The text of the article is not quite understandable because of this mishap, so I avail a colorfully updated version of the original article here. -/- . (shrink)

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Partimos de que en sociedades políticas complejas, aun siendo el Estado un artificio necesario para evitar situaciones de dominación, su entramado institucional no está exento de reproducir análogas situaciones a aquellas cuya eliminación justificaba su existencia. Analizaremos desde esta óptica las críticas de Rawls y Nozick al utilitarismo, al que acusan de amparar actuaciones injustas por parte del colectivo hacia los individuos. En concreto, abordaremos el problema de los derechos inviolables desde estas tres líneas de pensamiento para concluir que, a (...) pesar de que existen marcadas diferencias en sus respectivos planteamientos metodológicos, hay en las tres líneas de convergencia en lo sustantivo. Concluiremos con una réplica a las objeciones antiutilitaristas y una defensa, siguiendo a John Stuart Mill de la mayor adecuación de esta escuela a la hora de defender la inviolabilidad de ciertos derechos fundamentales. (shrink)

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Frances Kamm’s Intricate Ethics1 lives up to its title. It presents the methods and contents of Kamm’s nonconsequentialist ethical theory with discussion of some alternatives, both substantive and methodological. The main focus is on the distinctions that non- consequentialist ethical theory draws between different ways of bringing about states of affairs. This is presented in Kamm’s char- acteristic style. Readers should expect highly complex, subtle arguments as Kamm draws out fine-grained distinctions from intuitive responses to cases. Those who find their (...) intuitions less than firm at such a level of detail may find Intricate Ethics frustrat- ing at times. Nonetheless, it is a highly significant work. It dis- cusses issues at the heart of nonconsequentialist ethical theory with prodigious insight and clarity of thought. Even those whose intuitions prevent them from following Kamm to her conclusions will find the discussion along the way richly rewarding. (shrink)

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The author examines the arguments for applicability of the limitation clause which specifies the requirements for limitation of constitutional freedoms and rights (Article 31 para. 3 of the Constitution) to the right to protection of life (Article 38). Even if there is almost a general acceptance of such applicability, this approach does not hold up to criticism based on the rule existing in the Polish legal order that treaty commitments concerning human rights have supremacy over national statutory regulations. Due to (...) an international pattern which does not provide application of the limitation clause to the right to life protection, despite the recognition — at the level of a constitutional standard — of applicability of the clause of Article 31 para. 3 to Article 38, and to protection of life in general, this will be made impossible at any attempt to formulate a statutory standard. He also points out the defectiveness of the reasoning leading to acceptance of certain limitations of a particular value (e.g. life) on the basis of the ex definitione exemptions existing in the international standard to the assumption of applicability of the limitation clause when shaping statutory standards in the Polish legal system. The discussed issues are related to the question of interpretation of theinviolability of human rights. This term takes different meaning in the context of: 1)inviolability of all human rights understood in abstracto as normative structures of a general and abstract nature; 2) right protecting certain values with no exception; 3) rights to which an application of the limitation clause is forbidden; 4) rights not subject to derogation; 5)inviolability of understood in concreto, as that is (here and now) due to the subject of dignity; 6) inviolable essence of freedoms and rights. One should also clearly distinguish between (7) the descriptive and (8) the normative meaning ofinviolability. -/- Punktem wyjścia jest analiza argumentacji na rzecz tezy o stosowalności do prawa do ochrony życia (art. 38 Konstytucji RP), klauzuli limitacyjnej określającej warunki ograniczania konstytucyjnych wolności i praw (art. 31 ust. 3). Mimo niemal powszechnej akceptacji tej tezy, nie wytrzymuje ona krytyki opartej na pierwszeństwie, które w polskim porządku prawnym mają zobowiązania traktowe dotyczące praw człowieka, wobec regulacji ustawowych. Ze względu na wzorzec międzynarodowy, który nie przewiduje stosowania klasycznej klauzuli limitacyjnej do prawa do życia, mimo uznania - na poziomie standardu konstytucyjnego - stosowalności klauzuli z art. 31 ust. 3 do art. 38 i ochrony życia w ogóle, stosowalność tej klauzuli będzie uniemożliwiona przy każdej próbie formułowania standardu ustawowego. Autor zwraca uwagę na wadliwość wnioskowania prowadzącego od uznania dopuszczalności pewnych ograniczeń ochrony jakiejś wartości (np. życia) na podstawie wyjątków ex definitione obecnych w standardzie międzynarodowym, do tezy o stosowalności klauzuli limitacyjnej przy kształtowaniu standardu ustawowego w polskim systemie prawnym. (shrink)

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Cultured meat is a lab grown product that aims to tackle the cravings of omnivores who struggle to switch to a plant-based diet, while still being friendly to animals and the environment. Possibly, in time, the curiosity to apply this technology towards human meat production will emerge. However, when presented with the thought of eating cultured human meat potential consumers’ reaction greatly varies from pure disgust to indifference to excitement. This instinctive response indicates a lack of preformed judgements towards the (...) topic. Without a clear vision on the possibility of cultured human meat, scattered and uncertain regulations will fail to uphold paramount moral values. The risk is that we would either dig into this option out of excitement, or ban it without convincing motivations. The ethical theories of deontology and consequentialism can be followed to investigate this divisive issue. With an evaluation based on disgust I argue that the deontological perspective is mostly concerned with values of identity and humanness, while with a chain-reaction reasoning I argue that consequentialism would be concerned with health safety, privacy and equality. I conclude that cultured human meat is not acceptable. (shrink)

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Though religious belief may be the foundation for private morality and therefore supply such morality with inviolable principles, it has no such role in the case of public policy-making, even where the policy is concerned with matters agreed to be matters of morality. It could have such a role only if the certainty of the principles supplied by religion were generally shared, or were held themselves to be enforceable by law (i.e. in a theocratic state).

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Relazione presentata al Seminario di Filosofia Teoretica nella primavera 2015.Given the topic of the given, it would be all too easy to become entangled in highly technical disputes about Wilfrid Sellars, John McDowell, and other authors regarding how to interpret and, then, assess, their critiques of “myth of the given.” Though I am dubious whether we could within the limits of this articlemove toward resolving any of these questions, such an engagement might nonetheless prove profitable. It would also likely prove (...) to be invigorating, since wrestling with technical issues in a systematic manner carries a unique form of intellectual enjoyment for the properly trained philosopher. Even so, that is not my intention today. Rather my aim is simply to sketch, mostly in broad bold strokes, though to some extent also in minute, careful ones, what I take to be a pragmatist approach to this multifaceted controversy. In my judgment, much still depends upon coming to a deeper appreciation of one of the central lessons of the pragmatist movement: the recurrent need to articulate a more truly empirical understanding of human experience. Above all else, then, my reflections aim at deepening the contemporary appreciation of the pragmatist take on human experience. (shrink)

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Le concept de corps sans organes, d’abord pensé par Deleuze à partir du modèle clinique de la schizophrénie dans L’Anti-Œdipe, est ensuite construit à partir du modèle clinique du masochisme pervers dans Mille plateaux. Cet article examine les motifs et la portée d’un tel changement de paradigme. Il s’efforce également de clarifier le concept de devenir-animal dans le masochisme, en mobilisant la catégorie d’analyse de l’agencement.

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STRESZCZENIE Opracowanie zmierza do udzielenia odpowiedzi na pytanie, czym – z punktu widzenia struktury procesu wykładni i struktury wchodzących w grę wartości konstytucyjnych – różni się ograniczanie wolności i praw w ramach stosowania „zwykłych środków konstytucyjnych”, od ograniczania wolności i praw dopuszczalnego w stanach nadzwyczajnych. Podjęta zostaje problematyka dotyczącą kwestii materialnych, a poza zakresem rozważanych zagadnień pozostają kwestie dotyczące formalnych warunków dopuszczalności ograniczeń, jak publiczne ogłoszenie zagrożenia czy możliwość wprowadzania ograniczeń w aktach podustawowych. Stawiane tezy są polemiczne wobec poglądów, że (...) zawieszenie wolności lub praw jest skrajnym typem ograniczania i następuje wtedy, gdy wolności czy prawa „już nie ma”, lub że zawieszenie zakłada ograniczenie istoty wolności lub prawa. Okazuje się, że można sensownie mówić o zawieszaniu wolności lub praw także wówczas, gdy są one ograniczane w niewielkim tylko stopniu. Ponadto, możliwe jest zawieszanie, które nie prowadzi do ograniczenia istoty wolności lub prawa. Argumentuje się, że istotą zawieszania wolności lub praw w stanach nadzwyczajnych jest zakwestionowanie podstawowego ich przymiotu, jakim jest – uznawana w prawie międzynarodowym – nienaruszalność „całych” poszczególnych praw człowieka, która jest czymś innym od nienaruszalności ich istoty. Przy okazji prowadzona jest refleksja teoretycznoprawna nad zagadnieniem zawieszania wolności lub praw. Zawieszenie okazuje się czymś istotnie różnym od czasowej utraty mocy obowiązującej przepisów dotyczących wolności czy praw. Ich ciągłe obowiązywanie znajduje wyraz, na przykład, w zasadzie proporcjonalności mającej zastosowanie do zawieszanych wolności lub praw. -/- Extraordinary Measures and Restrictions of Constitutional Freedoms and Rights ABSTRACT The study aims to answer the question on the difference between limitation of freedoms and rights in ordinary situations and their suspension (derogation) when extraordinary measures are introduced. This question is considered from the point of view of the structure of the interpretation process and the structure of the constitutional values. Consideration is given to issues relating to material aspects. However, issues relating to formal conditions for the admissibility of restrictions, such as public announcement of a threat or the possibility of introducing restrictions in sub-statutory acts, are not examined. The theses put forward are critical of the view that suspension of freedoms or rights is an extreme type of limitation and a freedom or a right "is no longer there", and of the view that suspension presupposes violation of the essence of freedom or right. It can be argued that it makes sense to talk about the suspension of freedoms or rights also when they are only slightly restricted. Moreover, it is possible to suspend a freedom or a right without violating their essence. It is argued that suspension of freedoms or rights leads to questioning of their basic characteristic that is theirinviolability as recognized in international law. However, thisinviolability of freedoms or rights is something different from theinviolability of their essence. In terms of the theory of law, the suspension of freedoms or rights turns out to be something significantly different from the temporary loss of the binding force of the respective provisions. Their continued validity is reflected, for example, in the application of the principle of proportionality to the suspended freedoms or rights. (shrink)

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In this paper I explore the role that the concept of the sacred can play in our moral thinking. I accept that the assertion that ‘human life is sacred’ can be one way of articulating the special value of individual human lives as in some sense inviolable. I cautiously allow that the idea of ‘sacred value’ might also apply to other things such as certain kinds of human commitments, uniquely precious art-works, and some other kinds of living things. In conclusion (...) I offer reasons for resisting the claim, made especially by Roger Scruton, that the experience of the sacred, when properly understood, draws us ineluctably into a religious view of the world. (shrink)

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When faced with multiple claims to a particular good, what does distributive justice require? To answer this question, we need a substantive moral theory that will enable us assign relative moral weights to the parties' claims. But this is not all we need. Once we have assessed the moral weight of each party's claim, we still need to decide what method of distribution to employ, for there are two methods open to us. We could take the winner-take-all approach, and award (...) the good to the party with the strongest claim. On the other hand, we could divide the good proportionally, according to the relative strength of each party's claim. Because the choice between these two methods of distribution can have a dramatic impact on the resulting pattern of distribution, the choice presents a question of justice. But this is a question of justice that is often overlooked. As a result, we currently employ the principle of proportionality far less often than justice actually requires. If we focus on the question of distributive method, however, we are not only better able to understand how certain reasons enter into our all-things-considered moral judgments, we are also able to explain some perplexing but common aspects of our moral beliefs: how rights can be said to have peremptory force, yet still be balanced against other important interests; how justice can sometimes require compromise, yet sometimes require victory; and how a moral theory can avoid being too demanding while still being demanding enough. Key Words: autonomy • equality • indivisibility •inviolability • weighted lotteries • rights. (shrink)

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“Human dignity is inviolable. It must be respected and protected.” What is the status of this proposition? Is human dignity inviolable? Statements on human dignity are closely intertwined with philosophical, anthropological and legal issues – and with the obligations, possibilities and limits of philosophy. Why a plea for human dignity? There are two reasons at least: (i) human dignity is violated, (ii) there are heated debates on exactly what “human dignity“ means. Accordingly, the elements of a normative theory of the (...) state and legal rights are discussed in order to explain what rights and the state should be and can be. After an exposition of the plurality of competing definitions and a short archeology of the concept of human dignity, the author defends the following thesis: Only the conceptualization of human dignity as a principle, concept and norm of positive law allows an appropriate understanding of what should be protected by the guarantee of dignity: i.e. the freedom and equality of everyone who is a human being. (shrink)

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This study examines the inviolable and admonitory norms for graduate teaching and mentorship in the Turkish higher education sector. Research data were gathered using a quantitative survey from 633 graduate students at 100 public and foundation higher education institutions (HEIs) in Turkey. The Graduate Teaching and Mentoring Behaviors Inventory by Braxton et al. (Professors behaving badly: Faculty misconduct in graduate education, 2011) was used to evaluate normative behaviors. These actions were distributed and gathered under inviolable and admonitory norms by taking (...) into account the severity of the sanction. Graduate students appear to place greater value on inviolable norms, according to the results of descriptive and inferential statistics. Additionally, the participants place more importance on the admonitory norms of mentoring and advising than they do on instructional techniques. The findings of the study suggest that significant differences do exist between graduate students’ perceptions of normative behaviors linked to mentoring and teaching by their gender, academic discipline, and occupational status, but not by the university type. Some implications are offered in the paper’s conclusion. (shrink)

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Sacred values differ from material or instrumental values in that they incorporate moral beliefs that drive action in ways dissociated from prospects for success. Across the world, people believe that devotion to essential or core values – such as the welfare of their family and country, or their commitment to religion, honor, and justice – are, or ought to be, absolute and inviolable. Counterintuitively, understanding an opponent's sacred values, we believe, offers surprising opportunities for breakthroughs to peace. Because of the (...) emotional unwillingness of those in conflict situations to negotiate sacred values, conventional wisdom suggests that negotiators should either leave sacred values for last in political negotiations or try to bypass them with sufficient material incentives. Our empirical findings and historical analysis suggest that conventional wisdom is wrong. In fact, offering to provide material benefits in exchange for giving up a sacred value actually makes settlement more difficult because people see the offering as an insult rather than a compromise. But we also found that making symbolic concessions of no apparent material benefit might open the way to resolving seemingly irresolvable conflicts. We offer suggestions for how negotiators can reframe their position by demonstrating respect, and/or by apologizing for what they sincerely regret. We also offer suggestions for how to overcome sacred barriers by refining sacred values to exclude outmoded claims, exploiting the inevitable ambiguity of sacred values, shifting the context, provisionally prioritizing values, and reframing responsibility. (shrink)

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Ethics position theory (EPT) maintains that individuals’ personal moral philosophies influence their judgments, actions, and emotions in ethically intense situations. The theory, when describing these moral viewpoints, stresses two dimensions: idealism (concern for benign outcomes) and relativism (skepticism with regards to inviolate moral principles). Variations in idealism and relativism across countries were examined via a meta-analysis of studies that assessed these two aspects of moral thought using the ethics position questionnaire (EPQ; Forsyth, Journal of Personality and Social Psychology39, 175–184, 1980). (...) This review identified 139 samples drawn from 29 different countries, for a total sample of 30,230 respondents, and concluded that (a) levels of idealism and relativism vary across regions of the world in predictable ways; (b) an exceptionist ethic is more common in Western countries, subjectivism and situationism in Eastern countries, and absolutism and situationism in Middle Eastern countries; and (c) a nation’s ethics position predicted that country’s location on previously documented cultural dimensions, such as individualism and avoidance of uncertainty (Hofstede, Culture’s Consequences: International Differences in Work-Related Values, 1980). Limitations in these methods and concerns about the validity of these cross-cultural conclusions are noted, as are suggestions for further research using the EPQ. (shrink)

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We may now ask the question: In what historical perspective should we place the work of Richard Goldschmidt? There is no doubt that in the period 1910–1950 Goldschmidt was an important and prolific figure in the history of biology in general, and of genetics in particular. His textbook on physiological genetics, published in 1938, was an amazing compendium of ideas put forward in the previous half-century about how genes influence physiology and development. His earlier studies on the genetic and geographic (...) distribution of the various species and races of Lymantria contributed soundly to an understanding of the inheritance and development of sex, as well as the genetics of speciation. He was a curious mixture of the experimentalist, empiricist, and theorizer, who could grasp both the large and the small at once and wrap them into the same integrated and coherent package.In insisting on trying to relate genetics to development, Goldschmidt was continually forced to speculate and to forsake experimental fact for generalized theory. In refusing to reconcile a physiological and developmental conception with a corpuscular theory of the gene, he forced himself to substitute for a large body of experimentally verified evidence, vague and general speculations which did not lead in any precise direction. L. C. Dunn summarizes succinctly the effect of Goldschmidt's thinking on the development of genetic theory: Although Goldschmidt's ideas had a considerable influence in directing attention to the developmental processes intervening between genes and characters, they did not lead to the establishment of a general theory of development in genetical terms. In fact, at the end of the period, as signalized by Goldschmidt's book of 1938 [Physiological Gentics] doubt remained whether there was a field with a defined problem which could be identified as developmental genetics.Yet the frequency with which Goldschmidt is cited by later writers suggests that there is a more positive side to his contribution than this. The early Mendelians had recognized the genic constitution of organisms and the Drosophila workers had uncovered in detail the chromosomal mechanism of heredity. These great discoveries were of classical character, solidly based on a multitude of well established facts. By themselves, however, they would not have been sufficient to place genetics in the central position within biology which it was to assume. Beyond the “static” analysis of gene transmission an insight was needed into the dynamic role of genes in cellular physiology, biochemistry, and development. Goldschmidt recognized this aspect and outlined in brilliant generalizations a physiological theory of genetics. Necessarily the prophetic nature of this achievement — romantic in the sense of Ostwald's classification of great scientists and their discoveries — transcended its factual basis. It was the audacity of the theoretician unimpeded by the still scanty data which gave a new focus to biological thought.Some have called Goldschmidt an “obstructionist” in the history of genetics—one whose efforts were largely directed toward useless and continual criticism — challenge for the sake of challenge. As this line of argument goes, time wasted answering Goldschmidt's poorly conceived criticisms could have been better used to pursue new lines of thought within the classical gene theory. Sometimes historians are upbraided for studying the work of such “obstructionists,” or even the work of those whose ideas have later proved to be inadequate. This argument misses the point of history and the lessons which it can teach. Perhaps Goldschmidt did take the time of a number of the classical geneticists who tried to answer his objections to the gene theory; and perhaps many of his own ideas about genes were, by today's view, “wrong.” These are always easier judgments to make by hindsight than at the moment. But that is not the point. Goldschmidt had a considerable influence on his contemporaries, and to dismiss him as an obstructionist because his opponents later proved to be more nearly right, distorts history and obscures significant questions which we might well be asking. It might be valuable to know why Goldschmidt felt compelled to be an iconoclast —and how that impulse, psychological in orgin, led him to overlook critical items of evidence which his opponents considered more carefully. It might also be valuable to try and understand how a contemporary of Goldschmidt or. Morgan really viewed the gene theory — what were its strong and weak point? Such questions are not readily answered by studying the work of only those men who were correct by later standards.Answers to some of the above questions can be gleaned from this study of Goldschmidt — though the first, and most psychologically oriented, question is largely untouched here.On the one hand, Goldschmidt forced classical geneticists to reexamine the foundation of their ideas about the nature,inviolability, and even physical dimensions of genes. He also kept alive the very real problems of gene physiology and its relations to development — a relationship that was given less attention by the Drosophila school in their pursuit of the transmission process. On a broader level he emphasized to the biological community a principle that was in danger of being lost in the enthusiasm surrounding the expansion of the Mendelian-chromosome theory. The point was that all theories in science are transient, logical constructs which should not be held as sacred. Time and again, as the history of science has shown, theories become rigid structures which retard new modes of thought. From Goldschmidt's perspective, the gene theory was in danger of performing just that function, for it was preventing workers from viewing the gene in a functional as well as a structural light.On the other hand, examining the work of critics (or even of outright “obstructionists”) gives the historian an opportunity to observe how the more established community of scholars at some point in time reacts to challenges of its cherished ideas. The fact that many workers in his own day (such as Beadle, Luria, Delbruck, Sturtevant, Bridges, and others), as well as most geneticists today, saw Goldschmidt as having been largely “obstructionist” is useful historical (and/or sociological) data. Clearly, as this paper has tried to show, Goldschmidt's ideas were not all obstructionist, and his viewpoint that genes must be considered functionally was one which was clearly valid, premature as it may have been from an experimental and technique point of view. Perhaps Goldschmidt's major fault was that he developed alternative theories which were not easily testable. Nonetheless, his challenge to a fundamental and established idea brought forth a reaction from many members of the genetic community which indicates how unwilling they were to reconsider the formalized theory on which their work was based. While many of Goldschmidt's criticisms — and particularly his way of making them — arose out of his own idiosyncrasies, they were also a product of his times. His view of the nature of theory-construction, and his rejection of old-style reductionism and mechanism, were part of a growing awareness within the world scientific community that explanations based on reducing complex phenomena to ultimate particles or units were clearly inadequate. The success of the Mendelian-chromosome theory had obscured that fact for many geneticists, but to Goldschmidt it was a point that could not be allowed to pass unnoticed. (shrink)

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Since Mill's seminal work On Liberty, philosophers and political theorists have accepted that we should respect the decisions of individual agents when those decisions affect no one other than themselves. Indeed, to respect autonomy is often understood to be the chief way to bear witness to the intrinsic value of persons. In this book, Sarah Conly rejects the idea of autonomy as inviolable. Drawing on sources from behavioural economics and social psychology, she argues that we are so often irrational in (...) making our decisions that our autonomous choices often undercut the achievement of our own goals. Thus in many cases it would advance our goals more effectively if government were to prevent us from acting in accordance with our decisions. Her argument challenges widely held views of moral agency, democratic values and the public/private distinction, and will interest readers in ethics, political philosophy, political theory and philosophy of law. (shrink)

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Originally published in 1982. Aside from Jacques Derrida's own references to the "possible articulation" between deconstruction and Marxism, the relationship between the two has remained largely unexplored. In Marxism and Deconstruction, Michael Ryan examines that multifaceted relationship but not through a mere comparison of two distinct and inviolable entities. Instead, he looks at both with an eye to identifying their common elements and reweaving them into a new theory of political practice. To accomplish his task, Ryan undertakes a detailed comparison (...) of deconstruction and Marxism, relating deconstruction to the dialectical tradition in philosophy and demonstrating how deconstruction can be used in the critique of ideology. He is a forceful critic of both the politics of deconstruction and the metaphysical aspect of Marxism (as seen from a deconstructionist perspective). Besides offering the first book-length study of Derrida in this context, Ryan makes the first methodic attempt by an American scholar to apply deconstruction to domains beyond literature. He proposes a deconstructive Marxism, one lacking the metaphysical underpinnings of conservative "scientific" Marxist theory and employing deconstructive analysis both for Marxist political criticism and to further current anti-metaphysical developments within Marxism. Marxism and Deconstruction is an innovative and controversial contribution to the fields of literary criticism, philosophy, and political science. (shrink)

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"There is no attempt here to lay down as inviolable or to legislate certain ways of looking at things or ways of proceeding for philosophers of religion, only proposals for how to deal with a range of basic issues-proposals that I hope will ignite much fruitful discussion and which, in any case, I shall take as a basis for my own ongoing work in the field."-from the Preface Providing an original and systematic treatment of foundational issues in philosophy of religion, (...) J. L. Schellenberg's new book addresses the structure of religious and irreligious belief, the varieties of religious skepticism, and the nature of religion itself. From the author's searching analysis of faith emerges a novel understanding of propositional faith as requiring the absence of belief. Schellenberg asks what the aims of the field should be, setting out a series of principles for carrying out some of the most important of these aims. His account of justification considers not only belief but also other responses to religious claims and distinguishes the justification of responses, propositions, and persons. Throughout Prolegomena to a Philosophy of Religion, Schellenberg is laying the groundwork for an elaboration of his own vision while at the same time suggesting how philosophers might rethink assumptions guiding most of today's work in analytic philosophy of religion. (shrink)

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This paper explores the relationship between dignity and robot care for older people. It highlights the disquiet that is often expressed about failures to maintain the dignity of vulnerable older people, but points out some of the contradictory uses of the word ‘dignity’. Certain authors have resolved these contradictions by identifying different senses of dignity; contrasting the inviolable dignity inherent in human life to other forms of dignity which can be present to varying degrees. The Capability Approach (CA) is introduced (...) as a different but tangible account of what it means to live a life worthy of human dignity. It is used here as a framework for the assessment of the possible effects of eldercare robots on human dignity. The CA enables the identification of circumstances in which robots could enhance dignity by expanding the set of capabilities that are accessible to frail older people. At the same time, it is also possible within its framework to identify ways in which robots could have a negative impact, by impeding the access of older people to essential capabilities. It is concluded that the CA has some advantages over other accounts of dignity, but that further work and empirical study is needed in order to adapt it to the particular circumstances and concerns of those in the latter part of their lives. (shrink)

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This essay argues that Mark C. Murphy's original contribution to natural law ethics succeeds in finding a way between older metaphysical and newer purely practical approaches in this genre. Murphy's reconstruction of the function argument, critique of subjectivist theories of well-being, and rigorous formulation of a flexible welfarist theory of value deserve careful attention. I defend Kant against Murphy's critique and argue that Murphy faces the problem of showing that all his basic goods are morally inviolable. Although I endorse Murphy's (...) critique of radical virtue ethics, I raise objections to the basic moral norms he derives from his list of goods, and to the analysis of peace of mind and happiness as basic goods. (shrink)

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In the early 1950s Grant McConnell, Jr., called for a political adjudication of our environmental and political visions. He pointed out the arbitrary nature of Gifford Pinchot's noble-sounding formula (“The greatest good for the greatest number over the longest time”), noting that such a determination depended on whom you asked. No technocrat can determine the greatest good on the basis of some secret expertise or privileged knowledge. We need to resolve our disparate visions of the uses of nature and human (...) beings politically, without recourse to privileged knowledge.But does such a political adjudication imply the unimpeded domination of the will of the majority? Not necessarily, because there is no overall majority for a total “bundle” of policies and programs — these must be horse-traded and haggled over on the basis of shifting coalitions. Yet, can it not be argued that even so, some very deeply held values of minorities will be trounced and trampled? It would be dishonest not to admit to such a danger. What we must do is try to define and develop a workable conception of baseline human rights that will be inviolable by the will of temporary majorities, and this itself is a tenuous political process which we have only just embarked on in recent times.The danger of Valentin Rasputins, Vernadskii cultists, and Deep Ecologists everywhere is that they are arguing from privileged knowledge. “We know what is really best for you, what will cure you,” they assert. They alone know the distinction between natural harmony and disorder, social health and corruption, pollution and purity, alienation and unity. They do not recognize the social construction of their ethical beliefs and political visions; they absolutize their individual truths. They may be right, but what if they are not...?It is therefore all the more important for those of us who wish to preserve a maximum of biotic and human diversity for our-selves and for future humans (and nonhumans) to be explicit about the moral and political agendas we embrace. The soundest way for us to prevail is to persuade our neighbors on this planet that our visions have something of value for them, too. We must keep in mind the fact that in a world where there exists more than one fanaticism, peaceful coexistence is in principle impossible.And if fanaticisms, including ecological ones, are the products of the fear or the fact of material, cultural, or spiritual dispossession, then we must work harder to make a world in which each of us and our interests are treated with equal respect. We cannot get there through the tainted means of absolutizing individual truths.Aldo Leopold, in his testament Sand County Almanac, as much as called for a new myth, for us to “think like a mountain.”57 He called for a new myth because he believed that humans were dangerous (to ourselves, first of all, and to the planet), and that inculcating a myth was the only way to effect a deep behavioral change on a massive enough scale to save the situation.58 It is my belief that myths are often more dangerous than the situations they seek to remedy. We need to cultivate a taste of de-mythologizing, of making our lives more self-aware. We need to become aware of our needs and our value preferences and to take responsibility for them as individual preferences. Then we will be in a good position indeed to respect and compromise with the preferences of our neighbors all around this planet, just as we would have them respect and compromise with ours. *** DIRECT SUPPORT *** A8402064 00005 *** DIRECT SUPPORT *** A8402064 00006 *** DIRECT SUPPORT *** A8402064 00007. (shrink)

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The article interprets Kierkegaard’s thesis that “truth is subjectivity,” unfolding four possible meanings:1. the deepest kinds of knowledge can only come from lived experience;2. self-knowledge is essential for metanoia or change;3. if the “how” is right, then the “what” or the truth will also be given; and4. the deepest importance of truth lies in living it.These reflections are then related to personalist themes: the incarnate person as responsible, as inviolable, and as averse to coercion; the incarnate person as having a (...) mysterious interiority, an infinite abyss of existence, and as never reducible to a mere part of a whole nor simply determined from within or without; this interiority is not isolating but opens up toward others; and freedom is not arbitrary but implies universal moral and particular religious calls.Finally, I ask whether Kierkegaard’s personalism is too individualistic and does not do full justice to some of the themes here. (shrink)

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In lieu of an abstract, here is a brief excerpt of the content:CAN DETERRENCE BE MORAL? A Review Discussion I HE AUTHORS OF A RECENT BOOK on the subject of nuclear deterrence 1 contend that the United States' nuclear deterrence policy is immoral because its credibility ultimately depends upon U.S. willingness to kill directly and intentionally innocent non-combatants, either in attacks on some cities to establish intra-war deterrence, or in final massive retaliation in response to an all-out Soviet attack. The (...) moral principle the authors use for reaching their conclusion is theinviolability of non-combatants to direct attack which was reaffirmed at Vatican II: " Any act of war aimed indiscriminately at destruction of entire cities or extensive areas along with their population is a crime against God and against man himself. It merits unequiv;ocal and unhesitating condemnation." The empirical evidence the authors use to assess the morality of U.S. nuclear deterrence policy against this moral principle are statements by officials from several administrations, from Kennedy's through Reagan's, from Secretary of Defense MacNamara's statement that" U.S. strategic weapons were being placed in a configuration such that (Soviet) cities could either be spared or destroyed '', through Secretary of Defense Weil1!berger's assertion that "... our fo11ces can and will deny them their objectives at whatever level of nuclear conflict they (the Soviets) contemplate". However, the authors' conclusion that U.S. nuclear deterrence policy is immoral because it violates the just war cri1 Nualear Deterrenae: Morality and ReaUsm. By John M. Finnis, Germain Grisez and Joseph Boyle. New York: Oxford University Press, 1987. Pp. xv + 429. Hardback, $39.95 719 720 ROBERT L. BARRY, O.P. AND MATTHEW M. MURPHY terion of discrimination differs from that reached by the American Catholic bishops in their Pastoral Letter on War and Peace: This complex question has always produced a variety of responses, official and unofficial in character. The NCCB Committee has received a series of statements of clarification of policy from U.S. government officials. Essentially these statements declare that it is not U.S. strategic policy to target the Soviet civilian population as such or to use nuclear weapons deliberately for the purpose of destroying civilian population centers. These statements respond, in principle at least, to one moral criterion for assessing deterrence policy: the immunity of non-combatants from direct attack either by conventional or nuclear weapons. (The Challenge of Peace, Para. 179) The bishops point out, however, that Administration statements : do not address or resolve another very troublesome moral problem namely, that an attack on military targets or militarily significant industrial targets could involve " indirect " (i.e., unintended) but massive civilian casualties... and that: In our consultations, administration officials readily admitted that, while they hoped any nuclear exchange could be kept limited, they were prepared to retaliate in a massive way if necessary. They also agreed that once any substantial numbers of weapons were used, the civilian casualty levels would quickly become catastrophic, and that even with attacks limited to "military" targets, the number of deaths in a substantial exchange would be almost indistinguishable from what might occur if civilian centers had been deliberately and directly struck. These possibilities pose a different moral question and are to be judged by a different moral criterion: the principle of proportionality. (The Challenge of Peace, Para. 180) Thus, the bishop's objection to U.S. nuclear ·detenent policy is that it violates the just war criterion of proportionality. Note, however, this critical distinction: while the conclusion the bishops state after applying the princip1e of discrimination to U.S. nuclear deterrent policy is an example of a morally CAN DETERRENCE BE MORAL? binding statement, the conclusion they reach after applying the principle of proportionality is an example of a prudential judgment. As such, it is "... based on specific circumstances which can change or which can he interpreted differently by people of good will " and "the moral judgments that we make in specific cases, while not binding in conscience, are to he given serious attention and consideration by Catholics as they determine whether their moral judgments are consistent with the Gospel". (emphasis added) (The ChaJ,lenge of Peace, Para. IO) We, therefore, do not believe that the authors have... (shrink)

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This handbook provides a systematic overview of the legal concept and the meaning of human dignity for each European state and the European Union. For each of these 43 countries and the EU, it scrutinizes three main aspects: the constitution, legislation, and application of law. The book addresses and presents answers to important questions relating to the concept of human dignity. These questions include the following: What is the meaning of human dignity? What is the legal status of the respective (...) human dignity norms? Are human dignity norms of a programmatic nature, or do they establish an individual right which can be invoked before court? Is human dignity inviolable? The volume answers these questions from the perspectives of all European countries. As a reaction to the barbaric events during World War II, human dignity found its way into international law. Article 1 of the Universal Declaration of Human Rights states that “[a]ll human beings are born free and equal in dignity and rights.” The starting point for developing the concept on a national level was the codification of human dignity in article 1, paragraph 1 of the German Grundgesetz. Consequently, the concept of human dignity spread throughout Europe and, in the context of human rights, became a fundamental legal concept. (shrink)

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In lieu of an abstract, here is a brief excerpt of the content:Fortuyn, Van Gogh, Hirsi AliWhy the Unholy Trinity Was Driven Out of the NetherlandsHenri Beunders (bio)“Vulnerability” and “tolerance” are pretty vague notions. A lot of suggestions, images, and good intentions cling to them, while scientific clarity is virtually absent.The same goes for the Netherlands. Abroad, my country had the image of a tolerant, liberal, and free society, a place where things could be said and done that were forbidden (...) elsewhere. So the question is: how on earth did this country turn into a battlefield due to a clash of civilizations almost overnight?I will try to explain to you how and why in the past decades the Netherlands became so vulnerable that in 2002 a political revolt broke out quite unexpectedly, a revolt that lasted for years and still is not over yet. The crisis resulted in two people becoming victims of political killings, while a third had to flee the country. Because all three of these people were liberal individualists who criticized two types of religion—the political-cultural left, or “Red Church,” and fundamentalist Islam—I will refer to them as the unholy trinity, an unholy trinity that had to be exorcized to restore the peace.Freedom of speech and freedom of religion are key factors in the Dutch crisis. Cultural wars and mimetic rivalry are other factors. Americanization and the advent of the multicultural society are the forces profondes. [End Page 201]I: Tolerance and the Dutch ConstitutionLet us talk briefly about tolerance first. Everybody seems to be in favor of it, except when we collectively decide we must not tolerate things, like drunk driving, smoking in public buildings, and so on.In the present Dutch constitution, created in 1983, article 1 begins with these sentences: “All persons in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race, or sex or on any other grounds whatsoever shall not be permitted.”1In essence, the constitution states that a colored Dutchman has the right to be treated in the same way as a white one. This has, however, nothing to do with tolerance. Tolerance means that a dominant group permits a nondominant group to have opinions or lifestyles that seem to deviate from the usual order. If we ask natives to be tolerant toward exotic immigrants, this implies hierarchy. There is a group that tolerates, and there is a group that is tolerated. In the strict sense of the word, tolerance implies discrimination and is therefore hostile to the constitution.As a Dutch historian once remarked, every philosopher who thought about these things, like John Locke, Mirabeau, or Thomas Paine, knew that the notion of religious tolerance is useless if you assume all men by nature to have inviolable rights anyway, like those of freedom of thought, expression, and religion.2Of course, a nation-state has to be intolerant sometimes, for instance, when freedom of religion is used to undermine the state, when, for example, the state is promoting violence, which in democratic societies is the monopoly of the state. This is a matter of principle. The rest is a matter of political debate.At this point we have to conclude that trying to give meaning to a word such as tolerance can be very complicated and confusing, and that such a word has to be used very carefully. The same goes for all those other container words, like racism, fascism, populism, and so forth, that have been used so frequently in recent decades to label and scapegoat people and things that are feared or simply disliked. But words are important.The idle and gratuitous manner in which container words of this kind are used to denounce “the enemy” represents the other side of the so-called liberal, “tolerant” society of the Netherlands. All this name calling definitely keeps you from researching and facing the things that are really going on. During the 1990s, this name calling resulted in the dominance of political correctness, a phenomenon that leaves no room for doubt as to who the angels and devils are in society, and it implies that there is no need to look... (shrink)

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Due to the increasing cost of health care and the diminishing resources available, priority of health care resources has become a most important political and ethical issue. What principles should guide the decisions of priorities? The Swedish Commission of Priorities in Health Care proposed in 1995 that priorities in health care should be based on a Principle of Human Dignity . Later, the recommendations of the commission were implemented in Swedish law.The question I will try to answer in this article (...) is whether a principle of human dignity is helpful when establishing priorities in health care. What implications, if any, will it have for the decisions on how to make priorities?It is often said that human life has intrinsic value and that human beings are inviolable. When applied to normative ethics, these views are the bases for a Sanctity of Life Principle and a Principle of Human Dignity , ethical standards that have a long history in the western tradition. The principles stating the intrinsic value of human life have been interpreted in different ways and there are a large number of definitions of concepts like `sanctity of life' and `human dignity' . The concept `sanctity of life' is often used by authors in a religious tradition, while `human dignity' is usually used by secular authors. Immanuel Kant, using the concept `dignity' is one example of the latter.To establish a priority is to make a choice to do one thing before something else. In health care it means in practice in some cases a choice to treat one patient first. It seems that if human life is of intrinsic value and inviolable, one should always give priority to life-saving treatment and critical care. Thus, a duty always to save human lives would follow from the PHD and saving human life would be primary in an ordering of priorities. As a consequence, one could question an allocation of health care resources to other ends than saving human lives.One objection against this application is that it leaves out of account the distinction between direct and indirect ways of saving human lives. Some minor illnesses may in the long run become grave, if they are not treated when they are just minor. Thus, to treat them at an early stage is an indirect way of saving the life of the patient. And it may also be a more cost-efficient way. The treatment at an early stage may be much easier and cheaper than at a late stage in the development of the illness.On the other hand, the objection based on the distinction between direct and indirect ways of saving human lives applies only to some of the minor illnesses. There are others, among them fractures, which in the long run do not threaten the life of the patient if not treated.The PHD has been under forceful attack in recent discussions in medical ethics. It is said to imply indefensible consequences and stands accused of being a remnant of a moral tradition no longer relevant. Does the PHD imply that saving human life is primary in an ordering of priorities? Is the principle relevant for the discussion on priorities in health care? In order to answer these questions I will examine some different views of the PHD and ways of applying the principle to decisions on priorities. I will start with the report from the Swedish Commission on Priorities in Health Care that claimed that the PHD should be the most basic principle for priorities. Than, I will examine some theological and philosophical views in support of, or questioning, the PHD. I will relate the application of these views to the moral aspects of establishing priorities in health care. Finally, I will answer the question whether the PHD really has any relevance for decisions on priorities in health care. (shrink)

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