ON RETRIBUTIVE JUSTICE

Hsiao has recently developed what he considers a ‘simple and straightforward’ argument for the moral permissibility of corporal punishment. In this article we argue that Hsiao's argument is seriously flawed for at least two reasons. Specifically, we argue that (i) a key premise of Hsiao's argument is question-begging, and (ii) Hsiao's argument depends upon a pair of false underlying assumptions, namely, the assumption that children are moral agents, and the assumption that all forms of wrongdoing demand retribution.

Regulating the Use of Solitary Confinement in US Prisons

Statement of Significance: This article aims to summarize relevant literature on the topic of prolonged solitary confinement from the perspective of the medical sciences to outline the detrimental health impacts associated with this practice, evaluate the extent to which the current use of this practice in the United States (US) aligns with the recommendations outlined in human rights literature, and offer recommendations to further regulate the use of solitary confinement in prisons to better align with the rehabilitative goals of the US criminal justice system. This review details the well-studied physical and psychological harms associated with prolonged solitary confinement to support the notion that restrictions should be placed on the use of this practice for the well-being of incarcerated individuals. Additionally, it reviews the recommendations for appropriate use of this practice outlined in human rights literature and examines how the contemporary utilization of solitary confinement within US prisons fails to meet these proposed standards. Finally, this article offers specific recommendations regarding the appropriate settings in which solitary confinement should be used, key regulations to limit the extent of its use, and additional measures to minimize harm to incarcerated individuals. The limitations of this study include the decision to pursue a targeted literature review, as opposed to an exhaustive systematic review, which may have excluded specific arguments relevant to this paper’s discussion. Further, the scope of this article was focused on a discussion on the topic of prolonged solitary confinement and did not comment on the separate issue regarding the moral permissibility of the solitary confinement, as a whole. Finally, the cultural differences between the US and other high-income countries may limit the ability to compare models of rehabilitation in correctional institutions between these nations, suggesting that the proposed impact of the chosen recommendations should be interpreted with caution.

Triumph and concession? The moral and emotional construction of Ireland's campaign for abortion rights

In March 2018, the Irish government confirmed that a referendum would be held on 25 May, allowing for the Irish public to vote on the legalisation of abortion. The same month, Together for Yes – the national civil society campaign advocating for a ‘Yes’ vote in the referendum – was launched. This article draws upon findings from 27 in-depth interviews conducted in December 2019 and January 2020 with Irish abortion activists, to explore the moral and emotional construction of abortion within the ‘Yes’ campaign. This research suggests that the ‘Yes’ campaign, which secured 66% of the votes cast in the referendum, framed abortion as a negative affective object and constructed the moral permissibility of abortion along rather conservative lines. Data from the first year of abortion provision in the Republic of Ireland reveals that abortion seekers still face huge obstacles in accessing services in the State. The legislation introduced in January 2019 allows abortion on request only until 12 weeks, whilst issues remain in relation to the refusal of care. This article, therefore, concludes that by framing abortion in conservative terms, the pro-choice campaign has not yet succeeded in destigmatising abortion in Ireland – an issue now translated into limited legislation and inadequate provision of services.

Ending Malaria with Gene Drive Technologies? A Normative Analysis of the Role of Humans in Nature

"Gene drive technologies (GDT) promote the rapid, progressive spread of gene alterations within a population or a species of wild organisms. If GDT are successfully developed and implemented, they could help to resolve intractable problems in the realm of vector-borne disease, invasive species and pest control, but these technologies have also raised concerns regarding the moral permissibility of interfering in nature in this way. In particular, it has been argued that perspectives on humans’ relationship to nature and their impact on and manipulation of ecosystems play a crucial role in determining the moral permissibility of GDT. Nonetheless, these perspectives have thus far remained underexplored in the emerging ethical debate on GDT. In this presentation, I identify these perspectives and concerns and analyse them normatively. Four issues are demonstrated to be of central importance in deciding whether (a particular) use of GDT is in accordance with the relationship humans should have to nature: (1) the moral status of and direct duties towards different organisms; (2) the prioritisation of duties towards different organisms in case of conflicting claims; (3) the moral (ir)relevance of ‘wildness’; and (4) the moral status of holistic entities such as species and ecosystems. The normative positions that can be taken on these issues are presented and critically assessed to determine the moral permissibility of particular applications of GDT. Doing so elucidates the central trade-offs and points of contention in the ethical debate on interfering in nature in this way. "

Promoting Justice Across Borders

This book develops a theory of the ethics of “reform intervention,” a category that includes any attempt to promote justice in a society other than one’s own. It identifies several dimensions along which reform interventions can vary (the degree of control interveners exercise over recipients, the urgency of interveners’ objectives, the costs an intervention poses to recipients, and how interveners interact with recipients’ existing political institutions) and examines how these variations affect the moral permissibility of reform intervention. The book argues that, once one acknowledges the variety of forms reform intervention can take, it becomes clear that not all of them are vulnerable to the objections usually leveled against intervention. In particular, not all reform interventions treat recipients with intolerance, disrespect recipients’ legitimate institutions, or undermine recipients’ collective self-determination. Combining philosophical analysis and discussion of several real-world cases, the book investigates which kinds of reform intervention are or are not vulnerable to these objections. In so doing, it also develops new understandings of the roles toleration, legitimacy, and collective self-determination should play in global politics. After developing principles to specify when different kinds of reform interventions are morally permissible, the book investigates how these principles could be applied in the real world. Ultimately, it argues that some reform interventions are, all things considered, morally permissible and that sometimes reform intervention is morally required. It argues we should reconceive the ordinary boundaries of political activity and begin to see the pursuit of justice via political contestation as humanity’s collective project.

(Re)Defining Fairy Tales: A Deontology Ethical Approach to Oscar Wilde’s Selected Fairy Tales

Fairy tales are often used by authors to impart their moral values and principles. This is commonly done through the portrayal of their main characters, including their personalities, actions, and the consequences of their actions. In some cases, authors use death as a moral lesson due to its connotation as a form of punishment for a character’s misdeed. However, Oscar Wilde’s fairy tales contradict the conventional aspect of death in classic fairy tales. His main characters experienced death or physical disfigurement in the end despite their actions which readers would perceive as good or morally permissible. Therefore, this study aims to investigate the theme of morality in Wilde’s selected fairy tales through a Deontology Ethical approach. This study addressed the relationship between the personalities and actions of Wilde’s selected characters, as well as the consequences of their actions. Furthermore, using Kantian Ethics, the study evaluated the moral permissibility of the characters’ maxims underlying their actions. The findings showed that the personalities of Wilde’s characters could be categorised into those who adhere to or oppose Kant’s definition of personality based on their actions. The study also highlighted the varying deaths that Wilde’s characters faced in the end. Additionally, the analysis suggests that the reasons behind the actions of Wilde’s characters could be categorised into “for duty” and “for other means”. At the end of this study, readers would be introduced to a different moral theory in understanding a character without justifying it based on the simple “right versus wrong” principle.

Forgiving Evil

Are evil acts forgivable? This question lies at the intersection of theories about the nature of evil and theories about the nature of forgiveness. Since evil acts seem to be the most plausible candidates for unforgivability, we start with a brief defense of the secular deployment of the idea of evil, and then move to an overview of various theories of evil. After providing an outline of what forgiveness involves, we consider what being unforgivable might actually amount to. Four possible accounts of being unforgivable are canvassed—psychological impossibility, psychological difficulty, lack of reasons for forgiveness, and a moral prohibition on forgiveness—and their implications for the opening question are considered. We conclude that nothing so far considered rules out the moral permissibility of forgiveness for evil acts. Finally, the question of whether forgiveness would enable the evildoer’s slate to be wiped clean at last is briefly considered.

Preserved intention understanding during moral judgments in schizophrenia

Introduction Although there is convincing evidence for socio-cognitive impairments in schizophrenia spectrum disorder (SSD), little evidence is found for deficient moral cognition. We investigated whether patients with SSD showed altered moral judgments in a story task where the protagonist either had a neutral or malicious intention towards another person. This paradigm examined whether SSD relates to altered moral cognition in general or specifically to impaired integration of prior information (such as beliefs) in moral judgments. Methods 23 patients and 32 healthy controls read vignettes created in a 2 x 2 design. The protagonist in each story either had a neutral or negative intention towards another person which, as a result, either died (negative outcome) or did not die (neutral outcome). Participants rated the moral permissibility of the protagonist’s action. Standard null hypothesis significance testing and equivalent Bayes analyses are reported. Results Schizophrenia patients did not differ significantly in permissibility ratings from healthy controls. This finding was supported by the Bayes analyses which favoured the null hypothesis. Task performance was not related to symptom severity or medication. Conclusions The current findings do not support the notion that moral judgments are deficient in schizophrenia. Furthermore, the current study shows that patients do not have observable difficulties in integrating the protagonist’s belief in the rating of the moral permissibility of the action-outcome.

Neuro-Oncology Clinicians’ Attitudes and Perspectives on Medical Assistance in Dying

IntroductionMedical assistance in dying (MAiD), also known as physician-assisted death, is currently legal in several locations across the globe. Even more jurisdictions are considering legalizing MAiD. Brain cancer or its treatments can lead to cognitive impairment, which can impact decision-making capacity. In most jurisdictions patients are assessed for mental capacity to inform MAiD eligibility. We sought to explore worldwide neuro-oncology clinicians’ attitudes and perspectives on MAiD, including interpretation of decision-making capacity for patient MAiD eligibility.MethodsAn online survey was distributed to members of national and international neuro-oncology societies. We asked questions about decision-making capacity and MAiD, in part using hypothetical patient scenarios. Multiple choice and free-text responses were captured.ResultsThere were 125 survey respondents. Impaired cognition was identified as the most important factor that would signal a decline in patient capacity. At least 26% of survey respondents had moral objections to MAiD. Fewer clinicians were willing to support a MAiD decision for patients with lower-grade tumors and better performance status.Conclusionshile there are differing opinions on the moral permissibility of MAiD in general and for neuro-oncology patients, most clinicians agree that capacity must be assessed carefully before a decision is made. Further, some patients with brain tumors are not generally thought to be MAiD-eligible due to the nature of their specific diseases. These results can inform assessments of patient capacity in neuro-oncological practice in jurisdictions where MAiD is legal.