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Morrissey 2016 Article The Value of Dignity in and For Bioet
Morrissey 2016 Article The Value of Dignity in and For Bioet
DOI 10.1007/s11017-016-9368-6
Clair Morrissey1
Abstract The discussion of the nature and value of dignity in and for bioethics
concerns not only the importance of the concept but also the aims of bioethics itself.
Here, I challenge the claim that the concept of dignity is useless by challenging the
implicit conception of usefulness involved. I argue that the conception of usefulness
that both opponents and proponents of dignity in bioethics adopt is rooted in a
narrow understanding of the role of normative theory in practical ethical thinking. I
then offer an alternate understanding of the nature and value of dignity. I begin by
recognizing that claims that one’s dignity has been violated point to an important
difference between ‘‘respect for autonomy’’ and ‘‘respect for persons.’’ I then
suggest three different conceptions of how dignity can be normatively guiding for
bioethics, and conclude that, ultimately, understanding dignity as the cornerstone of
a reflective perspective that frames moral reflection and deliberation is valuable for
doing bioethics well.
Introduction
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174 C. Morrissey
standing philosophical problem, has gained even greater attention due to the
concept’s inclusion in transnational rights documents and national constitutions that
refer to it in the context of the rights they articulate.1 Explicit reliance on dignity in
the 2008 revision of the Helsinki Declaration, the Council of Europe’s Convention
on Human Rights and Biomedicine, and UNESCO’s Universal Declaration of the
Human Genome and Human Rights has brought this more general philosophical
question to the fore in bioethics. Moreover, the concept of dignity took center stage
for the President’s Council on Bioethics in the 2000s, as it was given a prominent
role in discussions of advances in biotechnology. The Council commissioned both a
reader of primary texts about human nature and human value, and a collection of
essays from leading scholars on the nature and importance of the concept of human
dignity for bioethics [5, 6]. At the same time, Leon Kass’s tenure as chairman of the
Council (2001–2005) explicitly politicized this discussion, as his work employs the
concept of dignity to argue for socially conservative policies on human cloning and
aid-in-dying [7, 8].
Despite, and in part because of, this widespread use, there is a great deal of
skepticism about the value or importance of the concept of dignity. As is well
known, in a 2003 editorial in BMJ, Ruth Macklin argues that bioethicists’
appeals to dignity ‘‘are either vague restatements of other, more precise, notions
or mere slogans that add nothing to an understanding of the topic.’’ She
concludes: ‘‘dignity is a useless concept’’ [9]. Notice that Macklin’s criticism of
dignity is specific to its role in contemporary bioethics. Although her piece can
be read as posing a larger challenge, it is addressed to bioethicists in particular,
and it is the more narrowly focused discussion in which it participates that I term
‘‘the dignity debate in bioethics.’’ This debate is best characterized as a
disagreement about whether there is a conception of dignity that can be used to
do meaningful work in bioethics. In this way, it is as much about the nature and
aims of contemporary bioethics as about the content of ‘‘dignity’’ as a particular
moral concept.
Here, I aim to challenge the conclusion that dignity is useless for bioethics. My
challenge begins by reflecting on the terms of the debate itself, specifically on
implicit assumptions regarding the conditions for being ‘‘useful.’’ I argue that the
conception of usefulness underwriting a significant aspect of the dignity debates is
problematic, and rooted in an overly narrow understanding of the role of normative
theory in practical ethical contexts. Instead, I propose that considerations of dignity
point to recognizing an important difference between ‘‘respect for autonomy’’ and
‘‘respect for persons,’’ and suggest three alternative conceptions of how dignity can
be normatively guiding for bioethics. Ultimately, I contend that understanding
dignity as the cornerstone of a reflective perspective that frames moral reflection
and deliberation is valuable for doing bioethics well.
1
The role of human dignity in grounding human rights has also received a great deal of philosophical
attention beyond bioethics in recent years, especially in the context of the foundation of human rights
[1–4].
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The value of dignity in and for bioethics: rethinking the… 175
The charges
As a starting point, within the debate, the concept of dignity can be understood as a
special, foundational kind of moral value or worth of human beings or persons as
such, which explains special moral concern for, or the equal moral status of, human
beings or persons.2 Macklin’s concise and forceful argument against the use of
dignity in bioethics is a useful framework for presenting the position of those who
oppose the use of the concept in bioethics.3 Macklin begins her argument by
recognizing a (seemingly) strange feature of a host of bioethical discussions: both
‘‘sides’’ use the language of dignity to support their respective positions. Debates
between people who disagree about the proper policies regarding abortion, aid-in-
dying, embryonic stem cell research, and genetic engineering and enhancement all
cite dignity as a point in favor of their respective positions. In light of this rather
widespread phenomenon, Macklin claims that the concept of dignity is indetermi-
nate and empty.
The charge that dignity is indeterminate is best understood as a set of related
criticisms of how people use the concept in contemporary scholarly and public
discussion. The first is the criticism that bioethicists’ appeals to dignity often fail to
clearly define or articulate the meaning of the term. Sometimes, the concept is left
undefined because its meaning is (wrongly) assumed to be self-evident, and
therefore without need of specification. Other times, the term is used as a
placeholder of sorts, pointing to some value or property but not, itself, explained.
When theorists do specify the meaning of dignity, skeptics claim, they do so in a
number of different and competing or contradictory ways. From the point of view of
doing bioethics well, indeterminate concepts get us nowhere, as they provide no
clear or definite meaning that can be used to illuminate or motivate ethical claims or
arguments.
Furthermore, Macklin and others argue, the most plausible conceptions or
specifications of the concept render it redundant. They provide no further moral
content than the more precise notion of ‘‘respect for autonomy’’ which generates
relatively concrete and precise obligations or prescriptions for actions, such as
‘‘obtain voluntary, informed consent’’ and ‘‘protect confidentiality.’’ Thus, appeals
to dignity in argument rely either on an unspecified vague notion or an idiosyncratic
conception of the concept, or else, needlessly complicate the discussion by
introducing a redundant concept instead of focusing on the more precisely
understood ‘‘respect for autonomy’’ [12].
2
Discussions of dignity are often bound up with debates about moral status, most notably, attempts to
distinguish ‘‘persons’’ from ‘‘human beings.’’ Below, I contest one aspect of the tight connection between
these two discussions by arguing that the ‘‘metaphysical framing’’ of the dignity debate, which sets out to
identify particular status conferring properties, is misguided. In this section, I use the phrase ‘‘human
being or person’’ to indicate that my characterization of the dignity debate in bioethics includes those who
understand members of either or both categories as at issue.
3
Although Macklin’s view is arguably the best known in this skeptical camp, many theorists make
similar arguments, or maintain aspects of the argument Macklin gives here [10, 11].
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176 C. Morrissey
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The value of dignity in and for bioethics: rethinking the… 177
5
This metaphysical framing of dignity discussions is in no way unique to bioethics. The foundation of
human rights discussion has much the same character, so much so that Joel Feinberg beat me to this
observation and characterization of the parties to the discussion by at least 30 years [18].
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practical ethical questions and concerns which require public or collective practical
moral deliberation.
If, instead, the worry about grounding moral obligations is not about compliance
but about the justified authority of those who enforce or issue the obligations, more
needs to be said by those who adopt this metaphysical framing about why this kind
of rational assent to the foundational principles or values is required for legitimacy.
It could be that they cannot be justified in coercing compliance with policies unless
everyone can reasonably accept or (at least) not reasonably reject them. It does not
follow from this that a reductive account of dignity is necessary to assure that this is
true. There are many conceptions of legitimate authority, and a plethora of accounts
of the kind of justification needed to exercise it. Rational assent to a foundational
account of the moral value grounded in the nature of individuals is only one such
account, and quite extreme among them. Moreover, contemporary liberal democ-
racies of the kind that significantly constitute the context for the dignity debate have
increasingly come to embrace more pluralist accounts of the values that citizens
bring to the political context with respect to which legitimacy would need to be
determined.
Finally, some may worry about what is meant by ‘‘normative guidance’’ in the
conception of usefulness at play in the dignity debates. Drawing on insights from
those adopting a host of non-traditional approaches to bioethics, there is good
reason to question whether normative guidance should be understood as the ability
of a concept or value to be used as a premise in practical argument or to be
articulated as a principle or rule for general application. Virtue ethicists, casuists,
feminist theorists, and narrative ethicists, among others, have made important
contributions to discussion of the problems with this applied theory approach
[24–27]. They have argued not only against particular attempts to identify the right
set of moral rules and procedures but also against the view that having such a set
would be attractive in the first place.
I will not rehearse this discussion in full here, but two basic worries can serve as
umbrella considerations for the various concerns. The first can be expressed using
the common adage: if all one has is a hammer, everything looks like a nail. Seeing
every situation as something that can be fixed with the instrument one has ready to
hand can lead to an inappropriate (not to mention indiscriminate) hammering away.
If one is committed to the idea that the contribution of an ethical concept must be
rooted in its contribution to practical reasoning of the kind discussed above, then
one’s ethical theorizing will be solely directed to this end. The second worry is the
danger of viewing ethics as a toolbox—as providing a sundry set of instruments one
can pull out as different needs arise. Seeing ethics this way risks prioritizing
reaching an answer (either any answer or some particular answer) over
understanding the situation at hand.
Not only might this conception of moral decision-making be undesirable, it may
not be possible for any moral concept or moral theory to play such a role in practical
deliberation—either for individuals or for scholars and stakeholders engaged in
more public or collective ethical deliberation. Even the strongest proponents of a
principle-based approach to moral decision-making recognize that values, rules, and
ideals must be specified to a particular context, and weighed and balanced against
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other similarly specified values [28]. That is, principles are not the kinds of things
that can be straightforwardly applied to actual institutions and cases. Thus, the
conception of normative guidance that holds as a mark against the concept of
dignity appealed to by those who reach contradictory normative conclusions is not
rooted in a realistic picture of moral reasoning.
In what follows, I take up the suggestion that bioethicists give up our quest for the
grail and, instead, adopt a new way of thinking about the nature and importance of
the concept of dignity for bioethics. The considerations offered in the section just
above do not necessarily tell in favor of skepticism about the value of dignity for
bioethics, but instead, they tell against giving an account of the concept in the terms
set out by the debate. Here, I begin the project of articulating an alternative
conception.
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The practice and the justifications for it fail to respect incarcerated women as
persons, not merely their autonomy.6 It misses the point to locate the morally
troubling aspect of shackling incarcerated women during childbirth in the fact that
the women would not have chosen to be chained or that they did not, or would not,
consent to wearing the cuffs while they give birth. Even with a more robust notion
of autonomy, the moral wrong is not fully explained in terms of lack of self-
determination, even though being shackled during childbirth is likely a deep
violation of the women’s ability to lead their lives according to their own values and
principles. Moreover, the wrong-making feature of this practice is not best or solely
described in terms of paternalism or failing to respect the autonomy of incarcerated
women as patients. It also misses the point to locate the moral wrongs only or
primarily in the potential physical harm to the woman or the child. Merely citing
empirical evidence regarding the significant negative health outcomes for the
woman and her child does not fully explain what is morally troubling about this
practice, thus principles of non-maleficence similarly do not exhaust the moral
problems. This practice is morally troubling because the women are regarded in
solely instrumental terms. This can be seen clearly both in the justification that sees
the women only as potential threats to the community (and not as patients, or
pregnant bodies, or women) and in the explanation that writes the practice off as
bureaucratic oversight, as they indicate that the women do not even rise to the level
of consideration as people, as subjects of lives, in the eyes of those enforcing the
policies.
Elizabeth Spelman makes a helpful distinction between two senses of treating
someone as a person [31].7 In the first, and more pervasive sense in moral
philosophy, treating someone as a person involves recognizing her as a bearer of
rights, and as such, as owed particular treatment. The second sense, perhaps more
familiar from everyday interaction, can be thought of treating and recognizing
someone as ‘‘the person one is.’’ Respecting and treating someone as the person she
is involves making an effort to understand her self-conception, over which she has a
kind of practical authority.
Recognizing an individual as a bearer of rights risks ignoring ‘‘the person she is,’’
as recognizing her as a rights-bearer may require abstracting away from the
particular features of the individual and her circumstances in order to classify her as
6
Recognition of the need for a notion of respect for persons or respect for autonomy that is better able to
capture and attend to the value of particular selves (embodied, and historically and socially situated) is not
novel. The notion of relational autonomy has been central to the development of such an account, and
bioethicists who employ and develop the notion are a valuable source of insight in this area. See
Mackenzie and Stoljar’s volume for such contributions [30]. As such, the notion of relational autonomy
suggests a similar value to the value of dignity I hope to point to here. At the same time, I believe the
discussion of relational autonomy does not exhaust the content of the notion of dignity at play in these
examples, as relational autonomy tends to privilege particularity and the construction of selves through
relationships and in the context of institutions and practices. Here, appeal to dignity is pointing to how we
share particularity. Asserting dignity, or recognizing that dignity has been violated, involves recognition
that we are all individuals who lead particular lives and occupy particular social roles (whatever those
may be) from the inside.
7
I have focused my attention on the notion of respect for persons, which departs, in some ways, from the
broader dignity debate’s discussion of both human beings and persons. Below, I consider how the view I
suggest here may be useful for thinking about moral obligations with respect to non-person human beings.
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a certain kind of thing. For example, and resonant with the metaphysical framing of
the dignity debate above, to recognize and respect someone as a rights-bearer may
be to identify her as having or manifesting a particular property, say, rationality, and
on that basis, as subject to particular rules or obligations. To do so, one ignores the
particular things about her that make her who she is rather than someone else.
Moreover, it is often the idiosyncratic, incidental, or particular features that make
her who she is from her own point of view. Her demand to be treated as a person,
then, may be a demand that others recognize who she is (in her full complexity), and
not merely what she is (a creature with a particular property).
In reflecting on these two notions of respect for persons, one may first be struck
by how the particular properties and features often appealed to in the first sense are
or can be problematically androcentric, racist, heteronormative, and ableist. This is
an important and familiar concern from feminist theory and critical race theory
about who is excluded and who is included by conceptions of properties that confer
moral worth and status. Beyond this concern, Spelman’s discussion illuminates that
regardless of which property is identified, there is a worry that this way of
understanding respect for persons involves organizing one’s treatment of others
according to and on the basis of general properties they happen to have, rather than
according to the particular features and details of their individual identities, which
often are the things that someone most identifies with about who they are (again in
contrast to something like, say, being a rational agent).
At the same time, recognition of the person one is as a standard for ‘‘respect for
persons’’ is an overwhelming obligation in practice. As Spelman highlights,
attending to individuals as the persons they are can be incredibly demanding, to the
point that doing so would make it impossible to navigate our everyday interactions.
If buying a coffee required attending to the this-person specificity of each barista,
how could you make it through morning coffee, let alone the rest of the day? [31]
Given our interest here in a notion of dignity that can be useful for bioethics, an
account that embraces the second sense of respect for persons may, then, seem like a
non-starter—as the kind of attention, concern, and insight one would need in order
to do so for everyone with which one interacts is not possible.
However, recognition of individuality, specificity, and particularity as the core of
something like respect for persons (or self-respect) is taken up and developed by
many.8 Following this line of inquiry, my suggestion is that calls for concern for
dignity in policy-making or protests and demands that one be recognized as having
dignity, call for recognition of a certain kind of equal status (akin to ‘‘rights-bearer’’
in the discussion above), but not merely to be recognized as instantiating a particular
property in virtue of which one has this status. Rather, concern for dignity can be
understood as concern to recognize individuals as subjects of lives or selves. In this
sense, concern for dignity is concern for individuals as beings that have particular
bodies, histories, values, desires, beliefs, social contexts, and worldviews. Recog-
nition of dignity need not require, in every context, full understanding of the
particularities of each particular person’s identity, but only that the individuals at
issue are selves rather than bare particulars or ideal rational natures. My aim is not
8
My discussion here is informed most directly by Robin Dillon and Seyla Benhabib [32, 33].
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to claim that ‘‘individuality’’ is the property that confers the value of dignity (as if to
replace ‘‘rationality’’ with ‘‘individuality’’). Instead, I suggest that concern for
dignity involves calling on people to adopt a particular point of view on others—as
concrete particular selves who are subjects of a life.
Returning to the example above, the claim ‘‘shackling the pregnant prisoners is
wrong because it violates their dignity,’’ may be saying that the policy, or perhaps
particular actions of shackling, are wrong because they express or manifest
blindness to the women as selves or subjects of lives. It reduces them to bare
particulars (i.e., as threats to the community because they are criminals) and refuses
to recognize relevant features of them as individuals who are experiencing a
significant life event, from the inside (i.e., they are giving birth while incarcerated,
they may not have an opportunity to see or interact with the child after giving birth,
and they will experience the childbirth in a way fundamentally different than other
women in the same community experience childbirth, which likely threatens or
undermines their conception of themselves as women and as mothers).
Notice that this kind of violation is something that both individuals and
institutions can commit. We can also, as individuals, fail to recognize that someone
we are interacting with is some particular person, in addition to failing to recognize
the particular person that they are. When one criticizes a person, practice, or policy
for violating dignity in this way, one is calling on the individual or institution to
recognize that individuals are selves, not bare particulars or loci of rationality, by
behaving consistently with that recognition or by designing policies or practices that
are consistent with that recognition.
Appeals to dignity that indicate the need to see others (and ourselves) as selves
rather than as bare particulars or as ideal rational natures raises an important
question: what does the claim or judgment ‘‘dignity has been violated’’ amount to if
not a claim about a property from which one can derive rules or principles for
appropriate treatment? There are at least three alternative conceptions of the nature
of such judgments or claims that may prove fruitful for doing bioethics. Below, I
explore each of these alternatives, which I will refer to as (1) the attitude view, (2)
the commitment view, and (3) the reflective perspective view, respectively. I
understand all three approaches as genuine alternatives that avoid the metaphysical
morass discussed in the first part of this paper and, at the same time, can provide
relevant normative guidance. As such, they are each potentially valuable for doing
bioethics well. That said, below, I provide some reasons in favor of the third, the
reflective perspective view, as the most promising on the grounds that it encourages
us to think more broadly and richly about what doing bioethics means.
Beginning with the attitude view, one approach to rethinking dignity—or more
precisely, rethinking the nature of judgments that dignity is violated or respected in
a particular case—is to manifest an attitude of a particular kind. Both Joel Feinberg,
in discussion of the foundation of human rights, and Bernard Williams, in ‘‘The Idea
of Equality,’’ offer conceptions of dignity of this kind [18, 34]. Feinberg refers to
respect for humanity, or dignity, or belief in the equal moral worth of individuals, as
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an ultimate attitude, not justifiable in more fundamental terms. To explain the sense
in which it is an ultimate attitude, he gives an analogy to parents’ love for their
children. The attitude is natural in the sense that most normal people ‘‘fall into it.’’ It
is something one finds oneself with, and that one gives as a reason for one’s actions,
but which stands in no need of grounding or justification in something more
foundational. When one asks a parent, ‘‘why do you love your child?’’ one might
expect a somewhat befuddled response on the parent’s part. ‘‘Because she is my
child’’ seems to be the right answer, and one can expect the request for further
reasons to be met with confusion. This kind of ultimate attitude can justify behavior,
and it can make it the case that certain kinds of actions of individuals are
appropriate, or not. Asking ‘‘why did you give her a hug when she was sad?’’ can
similarly be sufficiently answered by ‘‘she’s my kid.’’ In this way, the attitude can
serve as a reason that we recognize in acting and in our evaluations of what is
appropriate. The attitude is, thus, normatively guiding for those who have or adopt
it.
From the point of view of identifying an account of dignity that helps one do
bioethics well, one may worry both about an account that relies on the supposed
naturalness of the attitude, and the merely causal path to the belief about the nature
of others as selves. We want to do something with the judgment that dignity has
been violated. The attitude account of what it means to believe in dignity seems to
end the discussion by simply explaining the fact of having the attitude rather than
providing resources for doing normative work or making normative claims. People
may be advised to adopt this attitude, or institutions may be forced to manifest the
attitude, but neither opens up a great deal of room for theoretical or moral discussion
and deliberation. One either has the attitude or one does not, and the idea that it is
obtained through a causal process does not invite significant discussion or
deliberation about whether to adopt the attitude or whether the recommendations
on its basis are worth taking up or even taking seriously.
On the second alternative understanding of the nature of dignity judgments, the
commitment view, belief in dignity is a kind of fundamental commitment of
institutions or individual members of particular groups. This view begins by taking
seriously the important role that the attribution or ascription of dignity seems to play
in the political arena, especially foundational rights documents that begin from the
recognition of dignity. It draws from this observed practical role that upholding or
protecting dignity is a commitment a particular community or group of people, or
their institutions, have made. In this sense, it is either a promise that one will govern
the relevant institution or behavior according to the value of the equal moral worth
of individuals as such, or the adoption of an ideal according to which policy,
regulations, or practices are to be evaluated. The commitment to dignity would be
best thought of as a social convention. It would be a concept used to evaluate actions
and policies because one is a member of the relevant community or organization, or
perhaps because one is an individual who has adopted this ideal for oneself. One
may endorse this social convention out of a sense of solidarity either to other
members of one’s present community who have also committed to so doing or as an
obligation to those in past generations to uphold and protect things of value they
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9
Gerhold Becker also suggests and begins to develop an account of dignity that takes it as a foundation
or cornerstone of a basic moral attitude [35].
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10
See Adrienne Asch’s discussion of revising the current approach to advanced directives in the context
of the disability rights critique of end of life movement as a model of this kind of analysis [37].
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Conclusion
I hope to have advanced the discussion of the usefulness of the concept of dignity in
and for bioethics in two ways. First, I have relied on insights from methodological
critiques of traditional bioethics to organize, highlight, and ultimately undermine
two features of the dignity debate in bioethics. Second, I have suggested that
bioethics can benefit from thinking about concern for dignity as calling for respect
for persons as the individuals they are, and as a central aspect of a reflective
perspective or basic moral attitude.
Understanding concern for dignity as a cornerstone of a reflective perspective of
this kind emphasizes the importance of deliberation rather than efficient decision-
making about discrete moral questions. In this way, this approach (not only the
substance of this particular perspective) challenges the dominant decision-making
mode of the institutions central to bioethics. Although it is not possible to engage in
the kind of reflection encouraged by this approach in every interaction, it suggests
the importance of one of bioethics’ roles as a field.
My approach understands moral or ethical theory as centrally concerned with the
framing of moral considerations and guiding moral attention. In this, it is
importantly different from the metaphysical approach to dignity. Insofar as the latter
privileges the way in which the concept can be used to arrive at unique answers, it
seems to presuppose that bioethicists already know what the questions are, and
which are most important. Understood in this way, moral theory is normatively
guiding because it can be used to determine answers to questions that can be readily
identified as the important or pressing ones to ask. In contrast, the reflective
perspective approach holds that moral theory provides normative guidance by
helping bioethicists identify and ask new questions, to see and attend to what is
morally important about the situations faced, and by providing terms in which to
figure out, through discussion and reflection, how to navigate those situations.
Acknowledgments I had the good fortune to present this work in many different venues. I would like to
thank audiences at the Feminist Association of Bioethics 2014 World Congress and the ASBH 2014
Philosophy Affinity Group Meeting. I am especially grateful to Josephine Johnston, Gregory Kaebnick,
Erik Parens, Dylan Sabo, Daniel Sulmasy, Kristi Upson-Saia, and the anonymous reviewers for this
journal for their insightful and helpful feedback on earlier versions of this argument.
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