regulation

Arbitrariness as an Ethical Criticism

Written by Ben Davies

We recently saw a legal challenge to the current UK law that compels fertility clinics to destroy frozen eggs after a decade. According to campaigners, the ten-year limit may have had a rationale when it was instituted, but advances in freezing technology have rendered the limit “arbitrary”. Appeals to arbitrariness often form the basis of moral and political criticisms of policy. Still, we need to be careful in relying on appeals to arbitrariness; it is not clear that arbitrariness is always a moral ‘deal-breaker’.

On the face of it, it seems clear why arbitrary policies are ethically unacceptable. To be arbitrary is to lack basis in good reasons. An appeal against arbitrariness is an appeal to consistency, to the principle that like cases should be treated alike. Arbitrariness may therefore seem to cut against the very root of fairness.

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The Ethics of Regulation

The New York Times just ran a fairly lengthy article that reported the use of psilocybin, a hallucinogenic drug, in a controlled experiment aimed at reducing anxiety and depression in cancer patients. (http://www.nytimes.com/2016/12/01/health/hallucinogenic-mushrooms-psilocybin-cancer-anxiety-depression.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news)

A few days earlier the New York Times ran a story on trials using MDMA (i.e., ecstasy) to treat post traumatic stress disorder. (http://www.nytimes.com/2016/11/29/us/ptsd-mdma-ecstasy.html)

Why are these stories news? Continue reading

The incoherence of Obama’s position on marijuana

           U.S. President Barack Obama’s recent interview in the New Yorker was surprisingly interesting.  While some have noted his disapproval towards a (hypothetical) son playing pro football out of concussion concerns, the more remarkable comments concern marijuana:  he says it’s “not very different from…cigarettes” and “I don’t think it’s more dangerous than alcohol.”  He did not come out in favour of legalisation, however, and this makes his views (and, to a certain extent, the position of the executive branch charged with carrying out federal law) incoherent – by which I mean, his various positions taken together are inconsistent.  Obama may well ‘evolve’ further as he did with gay marriage, but any such evolution will likely come too late in his term to lead to an effective, permanent change in policy. Continue reading

Beyond 23andMe’s Shutdown: The Role of the FDA in the Future of Direct-to-Consumer Genetic Testing

Kyle Edwards, Uehiro Centre for Practical Ethics and The Ethox Centre, University of Oxford

Caroline Huang, The Ethox Centre, University of Oxford

An article based on this blog post has now been published in the May – June 2014 Hastings Center Report: http://onlinelibrary.wiley.com/doi/10.1002/hast.310/full. Please check out our more developed thoughts on this topic there!

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