When Are Objections ‘Religious’ Objections?: Hobby Lobby, Wheaton College, and Contraceptive Coverage
On June 30th, the Supreme Court of the United States handed down its decision in Burwell vs. Hobby Lobby. The case required the court to consider whether closely held for-profit companies owned by individuals with sincere religious objections to abortion should receive a special exemption from providing healthcare coverage for contraceptives that may act after fertilisation but before implantation of an egg. Coverage of twenty types of contraceptives – including the four specific types that the owners consider to be abortifacients – is otherwise legally required as part of the employer-sponsored health insurance mandated by the Patient Protection and Affordable Care Act 2010 (ACA). For a more in depth overview of the facts of the Hobby Lobby case and the key questions before the court, see my previous post on this blog. Continue reading
It is reported that Jimmy Savile crept at night into the mortuary at Leeds General Infirmary and committed sex acts on corpses.1
Well, for a start, assuming the acts involved penetration, he had committed a serious criminal offence.2
But shouldn’t we grow up? Shouldn’t we let live, and let the live love the dead? Who was hurt? Isn’t this legislation anachronistic? Doesn’t it stem from superannuated and probably, at root, theological ideas about the sanctity of life – irrationally extended to the sanctity of the dead human body?
If the acts gave Savile pleasure, then what’s the problem? Or, if we grant that the outraged relatives might suffer some distress (because they’ve not read enough philosophy), doesn’t the problem lie only in the fact that the relatives heard about what had happened, rather than in the acts themselves? In which case the real villains are the investigators and the media.
We have strong intuitions about many things. So strong, in fact, that they are often immune to the best arguments of the lawyers and philosophers. Continue reading
The purpose of this blog is, as you know, to comment on ethics in the news. It is written here just above: “Practical Ethics – Ethics in the News”. In this post, I am going to diverge from this purpose, and address a somewhat different topic. Numerous recent events that have been reported in the news raise the following question: what is the ethics of news? What should they be? Below, I outline what I perceive to be a very problematic tension that currently exists between the reality that journalists work in, and the ethical ideals that they subscribe to, and that we as consumers expect of them. I finish with speculating in what we can do about this, on the ethical side of things. Continue reading
In my academic and musty corner of the universe, there has been a lot of talk in the past few days about this publication in the prestigious Proceedings of the National Academy of Sciences. Researchers tweaked a Facebook algorithm such that Facebook users would see a higher proportion of posts with negative or positive emotional content in their feed. They wanted to know whether a user seeing a different proportion would influence the emotional content content of that user’s posts in a positive or negative direction. The news: it did (a little bit).
People are less interested in that, however, and more interested in whether the researchers acted unethically. The BBC has a short round-up of some tweets here, and among other things the Guardian quotes Labour MP Jim Sheridan calling for an investigation here. Slate tagged its story on the issue with the headline ‘Facebook’s Unethical Experiment’ – a headline that shifts blame away from researchers and entirely to Facebook. There are many more news stories on this out by now: you get the picture. Continue reading
So claims renowned Oxford philosopher and feminist Janet Radcliffe Richards. Professor Radcliffe Richards is the author of The Sceptical Feminist, Human Nature After Darwin and Careless Thought Costs Lives: the ethics of transplants. She was also listed recently as one of the world’s 50 most important thinkers by Prospect magazine.
Writing in the Journal of Practical Ethics, Radcliffe Richards criticises a common view about sexual equality.
Women hold only 11% of executive positions in top companies in Europe. There are public campaigns to achieve gender balance in public office and top positions in corporations. Political parties are criticised for having low numbers of women in parliament or cabinet.
But Radcliffe Richards argues that society should not be aiming for equal representation of men and women in these ways.
Sex equality sounds self-evident as a requirement of justice, but we need to be clear about exactly what kind of equality is required.
There is much confusion between two quite different kinds of equality, and only one of them is relevant to justice between women and men.
Justice does not require equality of status, wealth, or any other outcome between the sexes. What matters from a moral point of view is equal consideration of interests, which is quite different.
Radcliffe Richards agrees that policies to increase the representation of women in influential areas are of great importance. But she argues that they need a different kind of justification. Recognizing this should make a significant difference to the politics of sex.
See here for the free full text article in the latest issue of the Journal of Practical Ethics.
The Journal of Practical Ethics is a new open access philosophy journal, published by the Oxford Uehiro Centre for Practical Ethics at the University of Oxford. The journal aims to make philosophy relevant to public debate and practical questions. It publishes works by leading academic moral and political philosophers that are accessible to a broader public audience.
By Kimberly Schelle & Nadira Faulmüller
Horizon 2020, the European Union’s 2014-2020 largest research programme ever, includes the call to pursue ‘Responsible Research and Innovation’ (RRI). RRI stands for a research and innovation process in which all societal actors (e.g. citizens, policy makers, business and researchers) are working together in the process to align the outcomes with the values, needs, and expectations of the European Society. In a recently published paper on the importance of including the public and patients’ voices in bioethical reasoning, the authors describe, although in other words, the value of the RRI approach in bioethical issues:
“A bioethical position that fails to do this [exchange with the public opinion], and which thus avoids the confrontation with different public arguments, including ones perhaps based in different cultural histories, relations and ontological grounds […], not only runs the risk of missing important aspects, ideas and arguments. It also arouses strong suspicion of being indeed one-sided, biased or ideological—thus illegitimate.”
Last week, the Crown Prosecution Service announced that it would not pursue further action against Oxford Union president Ben Sullivan, due to insufficient evidence arising from an investigation into the two accusations of rape and attempted rape made against him. In early May, Sullivan was arrested and released on bail, prompting a chaotic six-week period for the Union as the Thames Valley Police investigated the claims made against him. After Sullivan refused to resign, a number of high-profile speakers, including the UK director of Human Rights Watch, the Interpol secretary-general, and a Nobel Peace prize winner, pulled out of their speaking commitments as part of a larger boycott of Union events.
In an open letter (which has since been taken down) calling for the boycott, students Sarah Pine, who is Oxford University Student Union’s Vice President for Women, and Helena Dollimor wrote, “Remaining in his presidency continues to offer prestige and power to someone who is being investigated for rape. This undermines the severe nature of allegations of sexual offences.” In contrast, Oxford professor A.C. Grayling penned a response to the letter refusing to cancel his scheduled talk at the Union, noting, “I simply cannot, in all conscience, allow myself to act only on the basis of allegations and suspicions, or of conviction by the kangaroo court of opinion, or trial by press…” In this post, I look at the spectrum of responses in the wake of Sullivan’s arrest, of which these two examples represent the poles. More broadly, I consider how we ought to respond – both as individuals and a society – when those in positions of power are accused of rape or other sexual offences. Continue reading
The Court of Appeal has stated that a statement in a capacitous patient’s medical notes that resuscitation should not be attempted (a ‘Do Not Attempt Resuscitation’ Order – DNAR), should usually only be inserted after consultation with the patient: see R (Tracey) v Cambridge University Hospitals NHS Foundation Trust and others  EWCA Civ 822 (17 June 2014).
The facts have been widely aired in the media: see, for example, here.
Mrs. Tracey had terminal lung cancer. Her clinicians indicated in the notes that no attempts at resuscitation should be made. Her family found out about this, and were outraged, saying that the DNAR order should not have been made without consultation with Mrs. Tracey. Their quarrel was not with the medical appropriateness of the determination that resuscitation would not be in Mrs. Tracey’s best interests, but with the procedure - the failure to consult. This, they said, violated Mrs. Tracey’s rights under Article 8 of the ECHR.
The Resuscitation Council, intervening, said that a requirement to consult with the patient would interfere with clinicians’ ability to deliver individual and compassionate care. A patient might, for instance, be very distressed by a discussion about a possible DNAR order.
The outcome can be briefly stated:
- Mrs. Tracey’s Article 8 rights were engaged by recording the DNAR in the notes. This followed from, inter alia, Pretty v UK (2002) 35 EHRR 1.
- Her Article 8(1) rights were violated by failing to involve her in the process
- Article 8(2) required the policy adopted by a Trust in relation to DNAR orders to be sufficiently clear and accessible: see Purdy v DPP  UKHL 45;  1 AC 345.
- The absence of a mandatory national DNAR policy was not a violation of Article 8. Local policies would, if properly formulated, satisfy the demands of Article 8(2)
- The concerns of the Resuscitation Council were real, but could be met by an important caveat: there should be consultation with the patient unless the clinician ‘thinks that the patient will be distressed by being consulted and that distress might cause the patient harm.’ Continue reading
In the last few years, there has been a push from various bodies—including the UN—to get Western countries to adopt eating insects as an alternative to meat. Insects have been hailed as a type of super food. They are: rich in protein; environmentally friendly to harvest; sustainable; and, they’re already eaten, and enjoyed, in many other parts of the world. There have been a number of occasions recently that I’ve been asked, as a (moral) vegetarian, for my thoughts on eating insects. “What if…?” and “Would you…?” questions are quite a common occurrence for veggies, but this one actually got me thinking. Continue reading