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Bioethics
Principles, Issues, and Cases
Fourth Edition

Lewis Vaughn

New York Oxford


OX F OR D U N I V E R SI T Y PR E S S

vau03268_fm_i-xii.indd i 05/15/19 12:27 PM


viii Contents

“Cloning Human Beings: An Assessment “Genetic Interventions and the Ethics of


of the Ethical Issues Pro and Con,” Enhancement of Human Beings,” Julian
Dan W. Brock 551 Savulescu 627
“Germ-Line Gene Therapy,” LeRoy Walters and
Julie Gage Palmer 636
Chapter 9
“What Does ‘Respect for Embryos’ Mean
genetic choices 562 in the Context of Stem Cell Research?”
Genes and Genomes 562 Bonnie Steinbock 643
Genetic Testing 563 Declaration on the Production and the Scientific
In Depth: Direct-to-Consumer Genetic Tests 566 and Therapeutic Use of Human Embryonic
Gene Therapy 570 Stem Cells, Pontifical Academy for Life 646
Fact File: Available Genetic Tests for
Cancer Risk 571 Chapter 10
Fact File: Recent Research Breakthroughs
in Gene Therapy 574 euthanasia and physician-assisted
suicide 648
Stem Cells 575
Applying Major Theories 577 Deciding Life and Death 649
Classic Case File: The Kingsburys 578 Legal Brief: Euthanasia and Assisted Suicide:
Major Developments 651
Key Terms 579
In Depth: Assisted Suicide: What Do Doctors
Summary 579
Think? 652
Cases for Evaluation 579
Autonomy, Mercy, and Harm 653
Further Reading 582
In Depth: Oregon’s Death With Dignity Act 655
Notes 582
In Depth: End-of-Life Decisions in the
Netherlands 657
readings 583
Applying Major Theories 657
“Implications of Prenatal Diagnosis for the
In Depth: Physician-Assisted Suicide and Public
Human Right to Life,” Leon R. Kass 583
Opinion 658
“Genetics and Reproductive Risk: Can Having
Classic Case File: Nancy Cruzan 659
Children Be Immoral?” Laura M. Purdy 587
Key Terms 660
“The Morality of Screening for Disability,”
Summary 660
Jeff McMahan 594
Cases for Evaluation 661
“Genetic Dilemmas and the Child’s Right to an
Further Reading 664
Open Future,” Dena S. Davis 598
Notes 665
“Disowning Knowledge: Issues in Genetic
Testing,” Robert Wachbroit 608 readings 666
“The Non-Identity Problem and Genetic “Death and Dignity: A Case of Individualized
Harms—The Case of Wrongful Handicaps,” Decision Making,”
Dan W. Brock 612 Timothy E. Quill 666
“Is Gene Therapy a Form of Eugenics?” “Voluntary Active Euthanasia,” Dan W. Brock 670
John Harris 616 “When Self-Determination Runs Amok,”
“Genetic Enhancement,” Walter Glannon 622 Daniel Callahan 682

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Contents ix

“Physician-Assisted Suicide: A Tragic View,” The Ethics of Rationing 754


John D. Arras 687 Classic Case File: Christine deMeurers 756
“Active and Passive Euthanasia,” James Key Terms 758
Rachels 702 Summary 758
“Dying at the Right Time: Reflections on Cases for Evaluation 759
(Un)Assisted Suicide,” John Hardwig 706 Further Reading 761
“The Philosophers’ Brief,” Ronald Dworkin, Thomas Notes 762
Nagel, Robert Nozick, John Rawls, Thomas
Scanlon, and Judith Jarvis Thomson 717 readings 763
“Legalizing Assisted Dying Is Dangerous “Is There a Right to Health Care and, if So, What
for Disabled People,” Liz Carr 725 Does It Encompass?,” Norman Daniels 763
“  ‘For Now Have I My Death’: The ‘Duty to Die’ “The Right to a Decent Minimum of Health
Versus the Duty to Help the Ill Stay Alive,” Care,” Allen E. Buchanan 770
Felicia Ackerman 727 “Rights to Health Care, Social Justice, and Fairness
Vacco v. Quill, United States Supreme Court 738 in Health Care Allocations: Frustrations in the
Face of Finitude,” H. Tristram Engelhardt, Jr. 776
Part 4. ​Justice and Health Care “Mirror, Mirror 2017: International Comparison
Reflects Flaws and Opportunities for Better
Chapter 11 U.S. Health Care,” Eric C. Schneider, Dana O.
dividing up health care Sarnak, David Squires, et al. 784
resources 743 “Public Health Ethics: Mapping the Terrain,”
Health Care in Trouble 743 James F. Childress et al. 788
In Depth: Unequal Health Care for “Human Rights Approach to Public Health
Minorities 746 Policy,” D. Tarantola and S. Gruskin 799
Fact File: U.S. Health Care 747
Appendix 811
Theories of Justice 748
Glossary 813
In Depth: Comparing Health Care Systems:
United States, Canada, and Index 815
Germany 749
Fact File: Poll: The Public’s Views on the ACA
(“Obamacare”) 751
A Right to Health Care 752
In Depth: Public Health and Bioethics 753

vau03268_fm_i-xii.indd ix 05/15/19 01:53 PM


P R E FAC E

This fourth edition of Bioethics embodies all the features filling out the discussions with background on the
that have made it a best-selling textbook and includes all latest medical, legal, and social developments. The
the most important changes and improvements that main issues include paternalism and patient auton-
dozens of teachers have asked for recently and over the omy, truth-telling, confidentiality, informed consent,
years. The book is, therefore, better than ever. And if it research ethics, clinical trials, abortion, assisted re-
isn’t, let even more good teachers say so and let the cor- production, surrogacy, cloning, genetic testing, gene
rections and enhancements continue. And may the book therapy, stem cells, euthanasia, physician-assisted
remain, as so many teachers have said, exactly suitable to suicide, and the just allocation of health care.
their teaching approach. Every issues chapter contains five to twelve read-
Bioethics provides in-depth discussions of the ings, with each selection prefaced by a brief s­ ummary.
philosophical, medical, scientific, social, and legal The a­ rticles—old standards as well as new ones—
aspects of controversial bioethical issues and reflect the major arguments and latest thinking in
combines this material with a varied collection of each debate. They present a diversity of perspectives
thought-provoking readings. But on this foundation on each topic, with pro and con positions well rep-
are laid elements that other texts sometimes forgo: resented. In most cases, the relevant court rulings
are also included.
1. An extensive introduction to ethics, bioethics,
moral principles, critical thinking, and moral
reasoning special features
2. Full coverage of influential moral theories, A two-chapter introduction to bioethics, moral
including criteria and guidelines for evaluat- reasoning, moral theories, and critical thinking.
ing them (the focus is on utilitarianism, These chapters are designed not only to introduce
­Kantian ethics, natural law theory, Rawls’ the subject matter of bioethics but also to add co-
contract theory, virtue ethics, the ethics of herence to subsequent chapter material and to
care, and feminist ethics) provide the student with a framework for thinking
3. Detailed examinations of the classic cases critically about issues and cases. Chapter 1 is an in­
that have helped shape debate in major issues troduction to basic ethical concepts, the field of
4. Collections of current, news-making cases for bioethics, moral principles and judgments, moral
evaluation reasoning and arguments, the challenges of rela-
5. Many pedagogical features to engage students tivism, and the relationship between ethics and
and reinforce lessons in the main text both religion and the law. Chapter 2 explores moral
6. Writing that strives hard for clarity and conci- theory, shows how theories relate to moral princi-
sion to convey both the excitement and com- ples and judgments, examines influential theories
plexity of issues without sacrificing accuracy (including virtue ethics, the ethics of care, and
feminist ethics), and demonstrates how they can be
topics and readings applied to moral problems. It also explains how to
Nine chapters cover many of the most controversial evaluate moral theories using plausible criteria of
issues in bioethics, detailing the main arguments and adequacy.

vau03268_fm_i-xii.indd x 05/15/19 12:27 PM


Preface xi

Helpful chapter elements. Each issues chapter • Annette C. Baier, “The Need for More Than
contains: Justice”
• Ezekiel J. Emanuel and Linda L. Emanuel,
1. Analyses of the most important arguments
“Four Models of the Physician-Patient
offered by the various parties to the debate.
Relationship”
They reinforce and illustrate the lessons on
• Dax Cowart and Robert Burt, “Confronting
moral reasoning in Chapter 1.
Death: Who Chooses, Who Controls? A Di-
2. A section called “Applying Major Theories”
alogue Between Dax Cowart and Robert
showing how the moral theories can be ­applied
Burt”
to the issues. It ties the discussions of moral
• Harriet Hall, “Paternalism Revisited”
theories in Chapter 2 to the moral problems and
• Angus Chen, “Is It Time to Stop Using Race
illustrates the theories’ relevance.
in Medical Research?”
3. A section labeled “Classic Case File” that
• Liz Carr, “Legalizing Assisted Dying Is
­examines in detail a famous bioethics case. The
Dangerous for Disabled People”
stories covered in these sections include those
• Felicia Ackerman, “‘For Now I Have My
of Elizabeth Bouvia, Jerry Canterbury, Nancy
Death’: The ‘Duty to Die’ Versus the Duty to
Klein, Baby M, Nancy Cruzan, the Kingsburys,
Help the Ill Stay Alive”
Christine deMeurers, and the UCLA Schizo-
• Eric C. Schneider, Dana O. Sarnak, David
phrenia Study. These are in ­addition to many
Squires, et al., “Mirror, Mirror 2017: Interna-
other controversial cases covered elsewhere in
tional Comparison Reflects Flaws and Op-
the book—for example, the Terri Schiavo con-
portunities for Better U.S. Health Care”
troversy, the Tuskegee tragedy, the Willow-
Clarifications and Further Discussions
brook experiments, and the U.S. government’s
• Principlism and prima facie principles
human radiation studies.
• Feminist ethics
4. A bank of “Cases for Evaluation” at the end
• Abortion and Judaism
of each chapter. These are recent news stories
• Research on euthanasia in Oregon and the
followed by discussion questions. They give stu-
Netherlands
dents the chance to test their moral ­reasoning
• End-of-life decisions in the Netherlands
on challenging new scenarios that range across
(statistics)
a broad spectrum of current topics.
• Advance directives
A diverse package of pedagogical aids. Each Updates
issues chapter contains a chapter summary, sugges- • Important informed consent cases
tions for further reading, and a variety of text boxes. • U.S. abortion (statistics)
The boxes are mainly of three types: • Abortion and public opinion (survey)
• Recent breakthroughs in gene therapy
1. “In Depth”—additional information, illustra-
• Euthanasia and assisted suicide: major
tions, or analyses of matters touched on in
developments
the main text.
• Assisted suicide: What do doctors think?
2. “Fact File”—statistics on the social, medical,
(survey)
and scientific aspects of the chapter’s topic.
• Public opinion: physician-assisted suicide
3. “Legal Brief”—summaries of important court rul-
(survey)
ings or updates on the status of legislation.
• Health care: the uninsured, per capita
spending, U.S. health care quality
new to this edition
• Comparing health care systems: U.S.,
Ten New Readings Canada, Germany
• Aristotle, Nicomachean Ethics, Books I and II • Public opinion: views on the ACA
• Nel Noddings, “Caring” (“Obamacare”)

vau03268_fm_i-xii.indd xi 05/16/19 02:47 PM


xii Preface

ancillaries Leslie P. Francis, University of Utah


The Oxford University Press Ancillary Resource Center Devin Frank, University of Missouri–Columbia
(ARC) at www.oup-arc.com/vaughn-bioethics-4e Kathryn M. Ganske, Shenandoah University
houses an Instructor’s Manual with Test Bank and Martin Gunderson, Macalester College
PowerPoint Lecture Outlines for instructor use. Stu- Helen Habermann, University of Arizona
dent resources are available on the companion website Stephen Hanson, University of Louisville
at www.oup.com/us/vaughn and include self-quizzes, Karey Harwood, North Carolina State
flashcards, and helpful web links. University
Sheila R. Hollander, University of Memphis
Scott James, University of North Carolina,
acknowledgments
Wilmington
This edition of the text is measurably better than
James Joiner, Northern Arizona University
the first thanks to the good people at Oxford Uni-
William P. Kabasenche, Washington State
versity Press—especially my editor Robert Miller
University
and assistant editor Alyssa Palazzo—and many
Susan Levin, Smith College
reviewers:
Margaret Levvis, Central Connecticut State
Keith Abney, Polytechnic State University University
at San Luis Obispo Burden S. Lundgren, Old Dominion University
Kim Amer, DePaul University Joan McGregor, Arizona State University
Jami L. Anderson, University of Michigan Tristram McPherson, Virginia Tech
Carol Isaacson Barash, Boston University Jonathan K. Miles, Bowling Green State
Deb Bennett-Woods, Regis University University
Don Berkich, Texas A&M University James Lindemann Nelson, Michigan State
Stephan Blatti, University of Memphis University
William Bondeson, University of Missouri, Thomas Nenon, University of Memphis
Columbia Laura Newhart, Eastern Kentucky University
Lori Brown, Eastern Michigan University Steve Odmark, Century College
David W. Concepción, Ball State University Assya Pascalev, Howard University
Catherine Coverston, Brigham Young Viorel Pâslaru, University of Dayton
University David J. Paul, Western Michigan University
Russell DiSilvestro, Assistant Professor, Anthony Preus, Binghamton University
­California State University, Sacramento Susan M. Purviance, University of Toledo
John Doris, Washington University in St. Louis Sara Schuman, Washtenaw Community College
Denise Dudzinski, University of Washington David Schwan, Bowling Green State University
School of Medicine Anita Silvers, San Francisco State University
Craig Duncan, Ithaca College M. Josephine Snider, University of Florida
Anne Edwards, Austin Peay State University Joseph Wellbank, Northeastern University
John Elia, University of Georgia Gladys B. White, Georgetown University
Christy Flanagan-Feddon, Regis University David Yount, Mesa Community College
Jacqueline Fox, University of South Carolina
School of Law

vau03268_fm_i-xii.indd xii 05/15/19 12:27 PM


Principles and Theories
1

vau03268_ch01_001-033.indd 1 05/02/19 07:36 PM


vau03268_ch01_001-033.indd 2 05/02/19 07:36 PM
CHAP TER 1

Moral Reasoning in Bioethics


Any serious and rewarding exploration of bio- Second, it would be difficult to imagine moral
ethics is bound to be a challenging journey. issues more important—​more closely gathered
What makes the trip worthwhile? As you might around the line between life and death, health
expect, this entire text is a long answer to that and illness, pain and relief, hope and despair—​
question. You therefore may not fully appreciate than those addressed by bioethics. Whatever
the trek until you have already hiked far along our view of these questions, there is little doubt
the trail. The short answer comes in three parts. that they matter immensely. Whatever answers
First, bioethics—​like ethics, its parent disci- we give will surely have weight, however they fall.
pline—​is about morality, and morality is about Third, as a systematic study of such ques-
life. Morality is part of the unavoidable, bitter- tions, bioethics holds out the possibility of an-
sweet drama of being persons who think and feel swers. The answers may or may not be to our
and choose. Morality concerns beliefs regarding liking; they may confirm or confute our precon-
morally right and wrong actions and morally ceived notions; they may take us far or not far
good and bad persons or character. Whether we enough. But, as the following pages will show,
like it or not, we seem confronted continually the trail has more light than shadow—​ and
with the necessity to deliberate about right and thinking critically and carefully about the prob-
wrong, to judge someone morally good or bad, lems can help us see our way forward.
to agree or disagree with the moral pronounce-
ments of others, to accept or reject the moral ethics and bioethics
outlook of our culture or community, and
even to doubt or affirm the existence or nature Morality is about people’s moral judgments,
of moral concepts themselves. Moral issues are principles, rules, standards, and theories—​a ll of
thus inescapable—​including (or especially) those which help direct conduct, mark out moral prac­
that are the focus of bioethics. In the twenty-first tices, and provide the yardsticks for measuring
century, few can remain entirely untouched by moral worth. We use morality to refer gener-
the pressing moral questions of fair distribution ally to these aspects of our lives (as in “Morality
of health care resources, abortion and infanti- is essential”) or more specifically to the beliefs
cide, euthanasia and assisted suicide, exploitative or practices of particular groups or persons (as
research on children and populations in devel- in “American morality” or “Kant’s morality”).
oping countries, human cloning and genetic en- Moral, of course, pertains to morality as just
gineering, assisted reproduction and surrogate ­defined, though it is also sometimes employed
parenting, prevention and treatment of HIV/ as a synonym for right or good, just as immoral
AIDS, the confidentiality and consent of patients, is often meant to be equivalent to wrong or bad.
the refusal of medical treatment on religious Ethics, as used in this text, is not synonymous with
grounds, experimentation on human embryos morality. Ethics is the study of morality using the
and fetuses, and the just allocation of scarce life- tools and methods of philosophy. Philosophy is
saving organs. a discipline that systematically examines life’s

vau03268_ch01_001-033.indd 3 05/02/19 07:36 PM


4 PA R T 1: P R I N C I P L E S A N D T H E O R I E S

big questions through critical reasoning, logical some or all of these as proper guides for our ac-
argument, and careful reflection. Thus ethics—​ tions and judgments. In normative ethics, we
also known as moral philosophy—​is a reasoned ask questions like these: What moral principles,
way of delving into the meaning and import of if any, should inform our moral judgments?
moral concepts and issues and of evaluating the What role should virtues play in our lives? Is the
merits of moral judgments and standards. (As principle of autonomy justified? Are there any
with morality and moral, we may use ethics to exceptions to the moral principle of “do not
say such things as “Kant’s ethics” or may use kill”? How should we resolve conflicts between
ethical or unethical to mean right or wrong, moral norms? Is contractarianism a good moral
good or bad.) Ethics seeks to know whether an theory? Is utilitarianism a better theory?
action is right or wrong, what moral standards A branch that deals with much deeper ethical
should guide our conduct, whether moral prin- issues is metaethics. Metaethics is the study of
ciples can be justified, what moral virtues are the meaning and justification of basic moral be-
worth cultivating and why, what ultimate ends liefs. In normative ethics we might ask whether
people should pursue in life, whether there are an action is right or whether a person is good,
good reasons for accepting a particular moral but in metaethics we would more likely ask what
theory, and what the meaning is of such notions it means for an action to be right or for a person
as right, wrong, good, and bad. Whenever we try to be good. For example, does right mean has the
to reason carefully about such things, we enter best consequences, or produces the most happi-
the realm of ethics: We do ethics. ness, or commanded by God? It is the business of
Science offers another way to study morality, metaethics to explore these and other equally
and we must carefully distinguish this approach fundamental questions: What, if anything, is
from that of moral philosophy. Descriptive the difference between moral and nonmoral be-
ethics is the study of morality using the meth- liefs? Are there such things as moral facts? If so,
odology of science. Its purpose is to investigate what sort of things are they, and how can they
the empirical facts of morality—​the actual be- be known? Can moral statements be true or
liefs, behaviors, and practices that constitute false—​or are they just expressions of emotions
people’s moral experience. Those who carry out or attitudes without any truth value? Can moral
these inquiries (usually anthropologists, sociol- norms be justified or proven?
ogists, historians, and psychologists) want to The third main branch is applied ethics, the
know, among other things, what moral beliefs a use of moral norms and concepts to resolve
person or group has, what caused the subjects to practical moral issues. Here, the usual challenge
have them, and how the beliefs influence behav- is to employ moral principles, theories, argu-
ior or social interaction. Very generally, the dif- ments, or analyses to try to answer moral ques-
ference between ethics and descriptive ethics is tions that confront people every day. Many such
this: In ethics we ask, as Socrates did, How ought questions relate to a particular professional field
we to live? In descriptive ethics we ask, How do such as law, business, or journalism, so we have
we in fact live? specialized subfields of applied ethics like legal
Ethics is a big subject, so we should not be ethics, business ethics, and journalistic ethics.
surprised that it has three main branches, each Probably the largest and most energetic subfield
dealing with more or less separate but related is bioethics.
sets of ethical questions. Normative ethics is the Bioethics is applied ethics focused on health
search for, and justification of, moral standards, care, medical science, and medical technology.
or norms. Most often the standards are moral (Biomedical ethics is often used as a synonym,
principles, rules, virtues, and theories, and the and medical ethics is a related but narrower term
lofty aim of this branch is to establish rationally used most often to refer to ethical problems in

vau03268_ch01_001-033.indd 4 05/02/19 07:36 PM


Chapter 1: Moral Reasoning in Bioethics 5

medical practice.) Ranging far and wide, bio- about art; norms of etiquette about polite social
ethics seeks answers to a vast array of tough behavior; grammatical norms about correct use
ethical questions: Is abortion ever morally per- of language; prudential norms about what is in
missible? Is a woman justified in having an abor- one’s interests; and legal norms about lawful and
tion if prenatal genetic testing reveals that her unlawful acts. But moral norms differ from these
fetus has a developmental defect? Should people nonmoral kinds. Some of the features they are
be allowed to select embryos by the embryos’ sex thought to possess include the following.
or other genetic characteristics? Should human
embryos be used in medical research? Should Normative Dominance. In our moral practice,
human cloning be prohibited? Should physicians, moral norms are presumed to dominate other
nurses, physicians’ assistants, and other health kinds of norms, to take precedence over them.
care professionals always be truthful with patients Philosophers call this characteristic of moral
whatever the consequences? Should severely im- norms overridingness because moral consider-
paired newborns be given life-prolonging treat- ations so often seem to override other factors.
ment or be allowed to die? Should people in A maxim of prudence, for example, may suggest
persistent vegetative states be removed from life that you should steal if you can avoid getting
support? Should physicians help terminally ill caught, but a moral prohibition against stealing
­patients commit suicide? Is it morally right to con­ would overrule such a principle. An aesthetic (or
duct medical research on patients without their pragmatic) norm implying that homeless people
consent if the research would save lives? Should should be thrown in jail for blocking the view of
human stem-cell research be banned? How a beautiful public mural would have to yield to
should we decide who gets life-saving organ trans­ moral principles demanding more humane treat-
plants when usable organs are scarce and many ment of the homeless. A law mandating brutal
patients who do not get transplants will die? actions against a minority group would conflict
Should animals be used in biomedical research? with moral principles of justice and would there-
The ethical and technical scope of bioethics is fore be deemed illegitimate. We usually think
wide. Bioethical questions and deliberations that immoral laws are defective, that they need to
now fall to nonexpert and expert alike—​to pa- be changed, or that, in rare cases, they should be
tients, families, and others as well as to philoso- defied through acts of civil disobedience.
phers, health care professionals, lawyers, judges,
scientists, clergy, and public policy specialists. Universality. Moral norms (but not exclusively
Though the heart of bioethics is moral philoso- moral norms) have universality: Moral princi-
phy, fully informed bioethics cannot be done ples or judgments apply in all relevantly similar
without a good understanding of the relevant situations. If it is wrong for you to tell a lie in
nonmoral facts and issues, especially the medi- a particular circumstance, then it is wrong for
cal, scientific, technological, and legal ones. everyone in relevantly similar circumstances to
tell a lie. Logic demands this sort of consistency.
It makes no sense to say that Maria’s doing
ethics and the moral life
action A in circumstances C is morally wrong,
Morality then is a normative, or evaluative, enter- but John’s doing A in circumstances relevantly
prise. It concerns moral norms or standards that similar to C is morally right. Universality, how-
help us decide the rightness of actions, judge the ever, is not unique to moral norms; it’s a charac-
goodness of persons or character, and prescribe the teristic of all normative spheres.
form of moral conduct. There are, of course, other
sorts of norms we apply in life—​nonmoral norms. Impartiality. Implicit in moral norms is the
Aesthetic norms help us make value judg­ments notion of impartiality—​the idea that everyone

vau03268_ch01_001-033.indd 5 05/02/19 07:36 PM


6 PA R T 1: P R I N C I P L E S A N D T H E O R I E S

should be considered equal, that everyone’s inter- the moral life—​is to do moral reasoning. If our
ests should count the same. From the perspective moral judgments are to have any weight at all, if
of morality, no person is any better than any they are to be anything more than mere per-
other. Everyone should be treated the same unless sonal taste or knee-jerk emotional response,
there is a morally relevant difference between they must be backed by the best of reasons. They
persons. We probably would be completely baf- must be the result of careful reflection in which
fled if someone seriously said something like we arrive at good reasons for accepting them,
“murder is wrong . . . except when committed by reasons that could be acknowledged as such by
myself,” when there was no morally relevant dif- any other reasoning persons.
ference between that person and the rest of the Both logic and our commonsense moral ex-
world. If we took such a statement seriously at all, perience demand that the thorough sifting of
we would likely not only reject it but also would reasons constitutes the main work of our moral
not even consider it a bona fide moral statement. deliberations—​regardless of our particular moral
The requirement of moral impartiality pro- outlook or theory. We would think it odd, per-
hibits discrimination against people merely be- haps even perverse, if someone asserted that
cause they are different—​different in ways that physician-assisted suicide is always morally
are not morally relevant. Two people can be dif- wrong—​and then said she has no reasons at all for
ferent in many ways: skin color, weight, gender, believing such a judgment but just does. What-
income, age, occupation, and so forth. But these ever our views on physician-assisted suicide, we
are not differences relevant to the way they would be justified in ignoring her judgment, for
should be treated as persons. On the other hand, we would have no way to distinguish it from
if there are morally relevant differences between personal whim or wishful thinking. Likewise she
people, then we may have good reasons to treat herself (if she genuinely had no good reasons for
them differently, and this treatment would not her assertion) would be in the same boat, adrift
be a violation of impartiality. This is how phi- with a firm opinion moored to nothing solid.
losopher James Rachels explains the point: Our feelings, of course, are also part of our
moral experience. When we ponder a moral
The requirement of impartiality, then, is at issue we care about (abortion, for example), we
bottom nothing more than a proscription against may feel anger, sadness, disgust, fear, irritation,
arbitrariness in dealing with people. It is a rule or sympathy. Such strong emotions are normal
that forbids us from treating one person differ- and often useful, helping us empathize with
ently from another when there is no good reason others, deepening our understanding of human
to do so. But if this explains what is wrong with suffering, and sharpening our insight into the
racism, it also explains why, in some special consequences of our moral decisions. But our
kinds of cases, it is not racist to treat people dif- feelings can mislead us by reflecting not moral
ferently. Suppose a film director was making a truth but our own psychological needs, our own
movie about the life of Martin Luther King, Jr. personal or cultural biases, or our concern for
He would have a perfectly good reason for ruling personal advantage. Throughout history, some
out Tom Cruise for the starring role. Obviously, people’s feelings led them to conclude that
such casting would make no sense. Because there women should be burned for witchcraft, that
would be a good reason for it, the director’s “dis- whole races should be exterminated, that black
crimination” would not be arbitrary and so men should be lynched, and that adherents of a
would not be open to criticism.1 different religion were evil. Critical reasoning
can help restrain such terrible impulses. It can
Reasonableness. To participate in morality—​to help us put our feelings in proper perspective
engage in the essential, unavoidable practices of and achieve a measure of impartiality. Most of

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Chapter 1: Moral Reasoning in Bioethics 7

or economic. Thus murder and embezzlement are


I N D E P TH both immoral and illegal, backed by social disapproval
and severe sanctions imposed by law. Controversy
MORALITY AND THE LAW
often arises when an action is not obviously or seri-
ously harmful but is considered immoral by some who
want the practice prohibited by law. The conten-
Some people confuse morality with the law, or iden-
tious notion at work is that something may be made
tify the one with the other, but the two are distinct
illegal solely on the grounds that it is immoral, re-
though they may often coincide. Laws are norms
gardless of any physical or economic harm involved.
enacted or enforced by the state to protect or pro-
This view of the law is known as legal moralism, and
mote the public good. They specify which actions
it sometimes underlies debates about the legalization
are legally right or wrong. But these same actions
of abortion, euthanasia, reproductive technology,
can also be judged morally right or wrong, and these
con­traception, and other practices.
two kinds of judgments will not necessarily agree.
Many issues in bioethics have both a moral and
Lying to a friend about a personal matter, deliberately
legal dimension, and it is important not to confuse
trying to destroy yourself through reckless living, or
the two. Sometimes the question at hand is a moral
failing to save a drowning child (when you easily
one (whether, for example, euthanasia is ever morally
could have) may be immoral—​but not illegal. Racial
permissible); whether a practice should be legal or
bias, discrimination based on gender or sexual orien-
illegal then is beside the point. Sometimes the ques-
tation, slavery, spousal rape, and unequal treatment
tion is about legality. And sometimes the discussion
of minority groups are immoral—​but, depending on
concerns both. A person may consider physician-
the society, they may not be illegal.
assisted suicide morally acceptable but argue that it
Much of the time, however, morality and the law
should nevertheless be illegal because allowing the
overlap. Often what is immoral also turns out to be
practice to become widespread would harm both
illegal. This is usually the case when immoral actions
patients and the medical profession.
cause substantial harm to others, whether physical

all, it can guide us to moral judgments that are purports to explain right actions, or make judg-
trustworthy because they are supported by the ments about right or wrong actions.
best of reasons. Moral values, on the other hand, generally
The moral life, then, is about grappling with a concern those things that we judge to be morally
distinctive class of norms marked by normative good, bad, praiseworthy, or blameworthy. Nor-
dominance, universality, impartiality, and rea- mally we use such words to describe persons (as
sonableness. As we saw earlier, these norms can in “He is a good person” or “She is to blame for
include moral principles, rules, theories, and hurting them”), their character (“He is virtu-
judgments. We should notice that we commonly ous”; “She is honest”), or their motives (“She did
apply these norms to two distinct spheres of our wrong but did not mean to”). Note that we also
moral experience—​ to both moral obligations attribute nonmoral value to things. If we say that
and moral values. a book or bicycle or vacation is good, we mean
Moral obligations concern our duty, what we good in a nonmoral sense. Such things in them-
are obligated to do. That is, obligations are about selves cannot have moral value.
conduct, how we ought or ought not to behave. Strictly speaking, only actions are morally
In this sphere, we talk primarily about actions. right or wrong, but persons are morally good or
We may look to moral principles or rules to bad (or some degree of goodness or badness).
guide our actions, or study a moral theory that With this distinction we can acknowledge a

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8 PA R T 1: P R I N C I P L E S A N D T H E O R I E S

simple fact of the moral life: A good person can We can see appeals to moral principles in
do something wrong, and a bad person can do countless cases. Confronted by a pain-racked,
something right. A Gandhi can tell a lie, and a terminally ill patient who demands to have his
Hitler can save a drowning man. life ended, his physician refuses to comply, rely-
In addition, we may judge an action right or ing on the principle that “it is wrong to inten-
wrong depending on the motive behind it. If tionally take a life.” Another physician makes a
John knocks a stranger down in the street to pre- different choice in similar circumstances, insist-
vent her from being hit by a car, we would deem ing that the relevant principle is “ending the suf-
his action right (and might judge him a good fering of a hopelessly ill patient is morally
person). But if he knocks her down because he permissible.” An infant is born anencephalic
dislikes the color of her skin, we would believe (without a brain); it will never have a conscious
his action wrong (and likely think him evil). life and will die in a few days. The parents decide
The general meaning of right and wrong seems to donate the infant’s organs to other children
clear to just about everyone. But we should be so they might live, which involves taking the
careful to differentiate degrees of meaning in organs right away before they deteriorate. A
these moral terms. Right can mean either “obliga- critic of the parents’ decision argues that “it is
tory” or “permissible.” An obligatory action is one unethical to kill in order to save.” But someone
that would be wrong not to perform. We are obli- else appeals to the principle “save as many chil-
gated or required to do it. A permissible action is dren as possible.”2 In such ways moral principles
one that is permitted. It is not wrong to perform it. help guide our actions and inform our judg-
Wrong means “prohibited.” A prohibited action is ments about right and wrong, good and evil.
one that would be wrong to perform. We are obli- As discussed in Chapter 2, moral principles
gated or required not to do it. A supererogatory are often drawn from a moral theory, which is a
action is one that is “above and beyond” our duty. moral standard on the most general level. The
It is praiseworthy—​a good thing to do—​but not principles are derived from or supported by the
required. Giving all your possessions to the poor theory. Many times we simply appeal directly to
is generally considered a supererogatory act. a plausible moral principle without thinking
much about its theoretical underpinnings.
Philosophers make a distinction between ab-
moral principles in bioethics
solute and prima facie principles (or duties). An
As noted earlier, the main work of bioethics is absolute principle applies without exceptions.
trying to solve bioethical problems using the An absolute principle that we should not lie de-
potent resources and methods of moral phi- mands that we never lie regardless of the cir-
losophy, which include, at a minimum, critical cumstances or the consequences. In contrast, a
­reasoning, logical argument, and conceptual prima facie principle applies in all cases unless
analysis. Many, perhaps most, moral philoso- an exception is warranted. Exceptions are justi-
phers would be quick to point out that beyond fied when the principle conflicts with other
these tools of reason we also have the consider- principles and is thereby overridden. W. D. Ross
able help of moral principles. (The same could be is given credit for drawing this distinction in his
said about moral theories, which we explore in 1930 book The Right and the Good.3 It is essen-
the next chapter.) Certainly to be useful, moral tial to his account of ethics, which has a core of
principles must be interpreted, often filled out several moral principles or duties, any of which
with specifics, and balanced with other moral might come into conflict.
concerns. But both in everyday life and in bio- Physicians have a prima facie duty to be truth­
ethics, moral principles are widely thought to be ful to their patients as well as a prima facie duty
indispensable to moral decision-making. to promote their welfare. But if these duties come

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Chapter 1: Moral Reasoning in Bioethics 9

in conflict—​if, for example, telling a patient the their consent, treating competent patients against
truth about his condition would somehow result their will, physically restraining or confining pa-
in his death—​a physician might decide that the tients for no medical reason—​such practices con-
duty of truthfulness should yield to the weight- stitute obvious violations of personal autonomy.
ier duty to do good for the patient. Not all restrictions on autonomy, however,
Moral principles are many and varied, but in are of the physical kind. Autonomy involves the
bioethics the following have traditionally been capacity to make personal choices, but choices
extremely influential and particularly relevant cannot be considered entirely autonomous unless
to the kinds of moral issues that arise in health they are fully informed. When we make decisions
care, medical research, and biotechnology. In in ignorance—​without relevant information or
fact, many—​perhaps most—​of the thorniest issues blinded by misinformation—​our autonomy is
in bioethics arise from conflicts among these diminished just as surely as if someone physi-
basic principles. In one formulation or another, cally manipulated us. If this is correct, then we
each one has been integral to major moral have a plausible explanation of why lying is
theories, providing evidence that the principles generally prohibited: Lying is wrong because it
capture something essential in our moral expe- undermines personal autonomy. Enshrined in
rience. The principles are (1) autonomy, (2) non­ bioethics and in the law, then, is the precept of
maleficence, (3) beneficence, (4) utility, and informed consent, which demands that patients
(5) justice.4 be allowed to freely consent to or decline treat-
ments and that they receive the information they
Autonomy need to make informed judgments about them.
Autonomy refers to a person’s rational capacity In many ways, autonomy is a delicate thing,
for self-governance or self-determination—​ the easily compromised and readily thwarted. Often
ability to direct one’s own life and choose for a person’s autonomy is severely undermined not
­oneself. The principle of autonomy insists on full by other people but by nature, nurture, or his or
­respect for autonomy. One way to express the prin- her own actions. Some drug addicts and alcohol-
ciple is: Autonomous persons should be allowed ics, people with serious psychiatric illness, and
to exercise their capacity for self-determination. those with severe mental impairment are thought
According to one major ethical tradition, autono- to have drastically diminished autonomy (or to
mous persons have intrinsic worth precisely be essentially nonautonomous). Bioethical ques-
because they have the power to make rational tions then arise about what is permissible to do
decisions and moral choices. They therefore must to them and who will represent their interests or
be treated with respect, which means not violating make decisions regarding their care. Infants and
their autonomy by ignoring or thwarting their children are also not fully autonomous, and the
ability to choose their own paths and make their same sorts of questions are forced on parents,
own judgments. guardians, and health care workers.
The principle of respect for autonomy places Like all the other major principles discussed
severe restraints on what can be done to an here, respect for autonomy is thought to be
autonomous person. There are exceptions, but in prima facie. It can sometimes be overridden by
general we are not permitted to violate people’s considerations that seem more important or
autonomy just because we disagree with their compelling—​ considerations that philosophers
decisions, or because society might benefit, or and other thinkers have formulated as princi-
because the violation is for their own good. We ples of autonomy restriction. The principles are
cannot legitimately impair someone’s autonomy articulated in various ways, are applied widely
without strong justification for doing so. Con- to all sorts of social and moral issues, and are
ducting medical experiments on patients without themselves the subject of debate. Chief among

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10 PA R T 1: P R I N C I P L E S A N D T H E O R I E S

these is the harm principle: a person’s autonomy A health care professional violates this prin-
may be curtailed to prevent harm to others. To ciple if he or she deliberately performs an action
prevent people from being victimized by thieves that harms or injures a patient. If a physician
and murderers, we have a justice system that intentionally administers a drug that she knows
prosecutes and imprisons the perpetrators. To will induce a heart attack in a patient, she obvi-
discourage hospitals and health care workers ously violates the principle—she clearly does
from hurting patients through carelessness or something that is morally (and legally) wrong.
fraud, laws and regulations limit what they can But she also violates it if she injures a patient
do to people in their care. To stop someone from through recklessness, negligence, or inexcusable
spreading a deadly, contagious disease, health ignorance. She may not intend to hurt anyone,
officials may quarantine him against his will. but she is guilty of the violation just the same.
Another principle of autonomy restriction is Implicit in the principle of nonmaleficence is
paternalism. Paternalism is the overriding of a the notion that health professionals must exer-
person’s actions or decision-making for her own cise “due care.” The possibility of causing some
good. Some cases of paternalism (sometimes pain, suffering, or injury is inherent in the care
called weak paternalism) seem permissible to and treatment of patients, so we cannot realisti-
many people—​when, for example, seriously de- cally expect health professionals never to harm
pressed or psychotic patients are temporarily anyone. But we do expect them to use due care—
restrained to prevent them from injuring or kill- to act reasonably and responsibly to minimize
ing themselves. Other cases are more controver- the harm or the chances of causing harm. If a
sial. Researchers hoping to develop a life-saving physician must cause patients some harm to
treatment give an experimental drug to some- effect a cure, we expect her to try to produce the
one without his knowledge or consent. Or a least amount of harm possible to achieve the re-
physician tries to spare the feelings of a compe- sults. And even if her treatments cause no actual
tent, terminally ill patient by telling her that she pain or injury in a particular instance, we expect
will eventually get better, even though she in- her not to use treatments that have a higher
sists on being told the truth. The paternalism in chance of causing harm than necessary. By the
such scenarios (known as strong paternalism) is lights of the nonmaleficence principle, subjecting
usually thought to be morally objectionable. patients to unnecessary risks is wrong even if no
Many controversies in bioethics center on the damage is done.
morality of strong paternalism.
Beneficence
Nonmaleficence The principle of beneficence has seemed to many
The principle of nonmaleficence asks us not to to constitute the very soul of morality—​or very
intentionally or unintentionally inflict harm on close to it. In its most general form, it says that
others. In bioethics, nonmaleficence is the most we should do good to others. (Benevolence is dif-
widely recognized moral principle. Its aphoris- ferent, referring more to an attitude of goodwill
tic expression has been embraced by practitio- toward others than to a principle of right action.)
ners of medicine for centuries: “Above all, do no Beneficence enjoins us to advance the welfare of
harm.” A more precise formulation of the prin- others and prevent or remove harm to them.
ciple is: We should not cause unnecessary injury Beneficence demands that we do more than
or harm to those in our care. In whatever form, just avoid inflicting pain and suffering. It says
nonmaleficence is the bedrock precept of count- that we should actively promote the well-being of
less codes of professional conduct, institutional others and prevent or remove harm to them. In
regulations, and governmental rules and laws bioethics, there is little doubt that physicians,
designed to protect the welfare of patients. nurses, researchers, and other professionals have

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Chapter 1: Moral Reasoning in Bioethics 11

such a duty. After all, helping others, promoting possible benefits of the treatment outweigh its
their good, is a large part of what these profes- risks by an acceptable margin. Suppose a man’s
sionals are obliged to do. clogged artery can be successfully treated with
But not everyone thinks that we all have a open-heart surgery, a procedure that carries a
duty of active beneficence. Some argue that considerable risk of injury and death. But imag-
though there is a general (applicable to all) duty ine that the artery can also be successfully
not to harm others, there is no general duty to opened with a regimen of cholesterol-lowering
help others. They say we are not obligated to aid drugs and a low-fat diet, both of which have a
the poor, feed the hungry, or tend to the sick. much lower chance of serious complications.
Such acts are not required, but are supererogatory, The principle of utility seems to suggest that the
beyond the call of duty. Others contend that latter course is best and that the former is mor-
though we do not have a general duty of active ally impermissible.
beneficence, we are at least sometimes obligated The principle also plays a major role in the
to look to the welfare of people we care about creation and evaluation of the health policies of
most—​such as our parents, children, spouses, institutions and society. In these large arenas,
and friends. In any case, it is clear that in cer- most people aspire to fulfill the requirements of
tain professions—​particularly medicine, law, and beneficence and maleficence, but they recognize
nursing—​benefiting others is often not just that perfect beneficence or maleficence is im-
supererogatory but obligatory and basic. possible: Trade-offs and compromises must be
made, scarce resources must be allotted, help and
Utility harm must be balanced, life and death must be
The principle of utility says that we should pro- weighed—​tasks almost always informed by the
duce the most favorable balance of good over bad principle of utility.
(or benefit over harm) for all concerned. The prin- Suppose, for example, we want to mandate
ciple acknowledges that in the real world, we the immunization of all schoolchildren to pre-
cannot always just benefit others or just avoid vent the spread of deadly communicable dis-
harming them. Often we cannot do good for eases. The cost in time and money will be great,
people without also bringing them some harm, but such a program could save many lives.
or we cannot help everyone who needs to be There is a down side, however: A small number
helped, or we cannot help some without also of children—​perhaps as many as 2 for every
hurting or neglecting others. In such situations, 400,000 immunizations—​w ill die because of a
the principle says, we should do what yields the rare allergic reaction to the vaccine. It is impos-
best overall outcome—​the maximum good and sible to predict who will have such a reaction
minimum evil, everyone considered. The utility (and impossible to prevent it), but it is almost
principle, then, is a supplement to, not a substi- certain to occur in a few cases. If our goal is social
tute for, the principles of autonomy, beneficence, beneficence, what should we do? Children are
and justice. likely to die whether we institute the program
In ethics this maxim comes into play in sev- or not. Guided by the principle of utility (as well
eral ways. Most famously it is the defining pre- as other principles), we may decide to proceed
cept of the moral theory known as utilitarianism with the program since many more lives would
(discussed in Chapter 2). But it is also a stand- likely be saved by it than lost because of its
alone moral principle applied everywhere in implementation.
bio­ethics to help resolve the kind of dilemmas Again, suppose governmental health agencies
just mentioned. A physician, for example, must have enough knowledge and resources to de-
decide whether a treatment is right for a patient, velop fully a cure for only one disease—​either a
and that decision often hinges on whether the rare heart disorder or a common form of skin

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12 PA R T 1: P R I N C I P L E S A N D T H E O R I E S

cancer. Trying to split resources between these justify the properties, or traits, of just distribu-
two is sure to prevent development of any cure tions. A basic precept of most of these theories is
at all. The heart disorder kills 200 adults each what may plausibly be regarded as the core of
year; the cancer occurs in thousands of people, the principle of justice: Equals should be treated
causing them great pain and distress, but is equally. (Recall that this is one of the defining
rarely fatal. How best to maximize the good? On elements of ethics itself, impartiality.) The idea
which disease should the government spend its is that people should be treated the same unless
time and treasure? Answering this question there is a morally relevant reason for treating
(and others like it) requires trying to apply the them differently. We would think it unjust for
utility principle—​a job often involving complex a physician or nurse to treat his white diabetic
calculations of costs and benefits and frequently patients more carefully than he does his black
generating controversy. diabetic patients—​and to do so without a sound
medical reason. We would think it unfair to
Justice award the only available kidney to the trans-
In its broadest sense, justice refers to people get- plant candidate who belongs to the “right” po-
ting what is fair or what is their due. In practice, litical party or has the best personal relationship
most of us seem to have a rough idea of what with hospital administrators.
justice entails in many situations, even if we The principle of justice has been at the heart
cannot articulate exactly what it is. We know, of debates about just distribution of benefits and
for example, that it is unjust for a bus driver to burdens (including health care) for society as a
make a woman sit in the back of the bus because whole. The disagreements have generally not been
of her religious beliefs, or for a judicial system to about the legitimacy of the principle, but about
arbitrarily treat one group of citizens more how it should be interpreted. Different theories
harshly than others, or for a doctor to care for of justice try to explain in what respects equals
some patients but refuse to treat others just be- should be treated equally.
cause he dislikes them. Libertarian theories emphasize personal free-
Questions of justice arise in different spheres doms and the right to pursue one’s own social
of human endeavor. Retributive justice, for ex- and economic well-being in a free market with-
ample, concerns the fair meting out of punish- out interference from others. Ideally the role
ment for wrongdoing. On this matter, some of government is limited to night-watchman
argue that justice is served only when people are functions—​ the protection of society and free
punished for past wrongs, when they get their economic systems from coercion and fraud. All
just deserts. Others insist that justice demands other social or economic benefits are the respon-
that people be punished not because they de- sibility of individuals. Government should not
serve punishment, but because the punishment be in the business of helping the socially or eco-
will deter further unacceptable behavior. Dis- nomically disadvantaged, for that would require
tributive justice concerns the fair distribution violating people’s liberty by taking resources
of society’s advantages and disadvantages—​for from the haves to give to the have-nots. So uni-
example, jobs, income, welfare aid, health care, versal health care is out of the question. For the
rights, taxes, and public service. Distributive jus- libertarian, then, people have equal intrinsic
tice is a major issue in bioethics, where many of worth, but this does not entitle them to an equal
the most intensely debated questions are about distribution of economic advantages. Individu-
who gets health care, what or how much they als are entitled only to what they can acquire
should get, and who should pay for it. through their own hard work and ingenuity.
Distributive justice is a vast topic, and many Egalitarian theories maintain that a just dis-
theories have been proposed to identify and tribution is an equal distribution. Ideally, social

vau03268_ch01_001-033.indd 12 05/02/19 07:36 PM


Chapter 1: Moral Reasoning in Bioethics 13

benefits—​whether jobs, food, health care, or But moral objectivism is directly challenged
some­thing else—​should be allotted so that every- by a doctrine that some find extremely appeal-
one has an equal share. Treating people equally ing and that, if true, would undermine ethics
means making sure everyone has equal access to itself: ethical relativism. According to this view,
certain minimal goods and services. To achieve moral standards are not objective but are rela-
this level of equality, individual liberties will tive to what individuals or cultures believe.
have to be restricted, measures that libertari- There simply are no objective moral truths, only
ans would never countenance. In a pure egali- relative ones. An action is morally right if en-
tarian society, universal health care would be dorsed by a person or culture and morally wrong
guaranteed. if condemned by a person or culture. So eutha-
Between strict libertarian and egalitarian views nasia is right for person A if he approves of it but
of justice lie some theories that try to achieve a wrong for person B if she disapproves of it, and
plausible fusion of both perspectives. With a the same would go for cultures with similarly
nod toward libertarianism, these theories may diverging views on the subject. In this way, moral
exhibit a healthy respect for individual liberty norms are not discovered but made; the indi-
and limit governmental interference in econo­ vidual or culture makes right and wrong. Ethi-
mic enterprises. But leaning toward egalitarian- cal relativism pertaining to individuals is known
ism, they may also mandate that the basic needs as subjective relativism, more precisely stated as
of the least well-off citizens be met. the view that right actions are those sanctioned
In bioethics, the principle of justice and the by a person. Ethical relativism regarding cultures
theories used to explain it are constantly being is called cultural relativism, the view that right
marshaled to support or reject health care poli- actions are those sanctioned by one’s culture.
cies of all kinds. They are frequently used—​along In some ways, subjective relativism is a com-
with other moral principles—​to evaluate, design, forting position. It relieves individuals of the
and challenge a wide range of health care pro- burden of serious critical reasoning about mo-
grams and strategies. They are, in other words, rality. After all, determining right and wrong is
far from being merely academic. a matter of inventorying one’s beliefs, and any
sincerely held beliefs will do. Morality is essen-
tially a matter of personal taste, which is an ex-
ethical relativism
tremely easy thing to establish. Determining
The commonsense view of morality and moral what one’s moral views are may indeed involve
standards is this: There are moral norms or deliberation and analysis—but neither of these
principles that are valid or true for everyone. is a necessary requirement for the job. Subjective
This claim is known as moral objectivism, the relativism also helps people short-circuit the un-
idea that at least some moral standards are ob- pleasantness of moral debate. The subjective
jective. Moral objectivism, however, is distinct relativist’s familiar refrain—“That may be your
from moral absolutism, the belief that objective truth, but it’s not my truth”—has a way of stop-
moral principles allow no exceptions or must be ping conversations and putting an end to rea-
applied the same way in all cases and cultures. A soned arguments.
moral objectivist can be absolutist about moral The doctrine, however, is difficult to maintain
principles, or she can avoid absolutism by ac- consistently. On issues that the relativist cares
cepting that moral principles are prima facie. In little about (the moral rightness of gambling,
any case, most people probably assume some say), she may be content to point out that moral
form of moral objectivism and would not take norms are relative to each individual and that
seriously any claim implying that valid moral “to each his own.” But on more momentous
norms can be whatever we want them to be. topics (such as genocide in Africa or the Middle

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BOOKS BY ANTHONY HOPE.
The King’s Mirror.
Illustrated, 12mo. Cloth, $1.50.
“Mr. Hope has never given more
sustained proof of his cleverness than in
‘The King’s Mirror.’ In elegance, delicacy,
and tact it ranks with the best of his
previous novels, while in the wide range
of its portraiture and the subtlety of its
analysis it surpasses all his earlier
ventures.”—London Spectator.
“Mr. Anthony Hope is at his best in
this new novel. He returns in some
measure to the color and atmosphere of
‘The Prisoner of Zenda.’... A strong book,
charged with close analysis and
exquisite irony; a book full of pathos and
moral fiber—in short, a book to be
read.”—London Chronicle.
“A story of absorbing interest and one
that will add greatly to the author’s
reputation.... Told with all the brilliancy
and charm which we have come to
associate with Mr. Anthony Hope’s
work.”—London Literary World.
The Chronicles of Count Antonio.
With Photogravure Frontispiece by S. W.
Van Schaick. 12mo. Cloth, $1.50.
“No adventures were ever better
worth recounting than are those of
Antonio of Monte Velluto, a very Bayard
among outlaws.... To all those whose
pulses still stir at the recital of deeds of
high courage, we may recommend this
book.... The chronicle conveys the
emotion of heroic adventure, and is
picturesquely written.”—London Daily
News.
“It has literary merits all its own, of a
deliberate and rather deep order.... In
point of execution ‘The Chronicles of
Count Antonio’ is the best work that Mr.
Hope has yet done. The design is
clearer, the workmanship more
elaborate, the style more colored.”—
Westminster Gazette.
The God in the Car.
New edition, uniform with “The
Chronicles of Count Antonio.” 12mo.
Cloth, $1.25.
“‘The God in the Car’ is just as clever,
just as distinguished in style, just as full
of wit, and of what nowadays some
persons like better than wit—
allusiveness—as any of his stories. It is
saturated with the modern atmosphere;
is not only a very clever but a very strong
story; in some respects, we think, the
strongest Mr. Hope has yet written.”—
London Speaker.
“A very remarkable book, deserving
of critical analysis impossible within our
limit; brilliant, but not superficial; well
considered, but not elaborated;
constructed with the proverbial art that
conceals, but yet allows itself to be
enjoyed by readers to whom fine literary
method is a keen pleasure.”—London
World.
BOOKS BY GILBERT
PARKER.
Uniform Edition.
The Seats of the Mighty.
Being the Memoirs of Captain Robert
Moray, sometime an Officer in the
Virginia Regiment, and afterwards of
Amherst’s Regiment. Illustrated, $1.50.
“Another historical romance of the
vividness and intensity of ‘The Seats of
the Mighty’ has never come from the pen
of an American. Mr. Parker’s latest work
may without hesitation be set down as
the best he has done. From the first
chapter to the last word interest in the
book never wanes; one finds it difficult to
interrupt the narrative with breathing
space. It whirls with excitement and
strange adventure.... All of the scenes do
homage to the genius of Mr. Parker, and
make ‘The Seats of the Mighty’ one of
the books of the year.”—Chicago
Record.
“Mr. Gilbert Parker is to be
congratulated on the excellence of his
latest story, ‘The Seats of the Mighty,’
and his readers are to be congratulated
on the direction which his talents have
taken therein.... It is so good that we do
not stop to think of its literature, and the
personality of Doltaire is a masterpiece
of creative art.”—New York Mail and
Express.
The Trail of the Sword. A Novel.
$1.25.
“Mr. Parker here adds to a reputation
already wide, and anew demonstrates
his power of pictorial portrayal and of
strong dramatic situation and climax.”—
Philadelphia Bulletin.
The Trespasser. $1.25.
“Interest, pith, force, and charm—Mr.
Parker’s new story possesses all these
qualities.... Almost bare of synthetical
decoration, his paragraphs are stirring
because they are real. We read at times
—as we have read the great masters of
romance—breathlessly.”—The Critic.
The Translation of a Savage. $1.25.
“A book which no one will be satisfied
to put down until the end has been
matter of certainty and assurance.”—The
Nation.
Mrs. Falchion. $1.25.
“A well-knit story, told in an
exceedingly interesting way, and holding
the reader’s attention to the end.”
The Pomp of the Lavilettes. 16mo.
Cloth, $1.25.
“Its sincerity and rugged force will
commend it to those who love and seek
strong work in fiction.”—The Critic.
BOOKS BY E. F. BENSON.
Mammon and Co.
12mo. Cloth, $1.50.
“Eminently readable.”—London
Athenæum.
“Entertaining and amusing.”—London
Academy.
“A novel of mark. Its character
drawing is vigorous, its dialogue
vivacious.”—Literature.
“Mr. Benson writes from intimate
knowledge and the inside. He is a part of
the very society which he openly
censures.... His novel stands out as a
strong bit of work in which he is very
much at home. Its brilliant sayings and
clever epigrams give it a finish and polish
which are even more effective than the
setting itself. What is more, Mr. Benson
sees with a great deal of heart the
tragedy of human experience and writes
of it feelingly.”—Boston Herald.
Dodo.
A Detail of the Day. 12mo. Paper, 50
cents; cloth, $1.00.
“‘Dodo’ is a delightfully witty sketch of
the ‘smart’ people of society.... The writer
is a true artist.”—London Spectator.
The Rubicon.
12mo. Paper, 50 cents; cloth, $1.00.
“The anticipations which must have
been formed by all readers of ‘Dodo’ will
in no wise be disappointed by ‘The
Rubicon.’ The new work is well written,
stimulating, unconventional, and, in a
word, characteristic. Intellectual force is
never absent, and the keen observation
and knowledge of character, of which
there is abundant evidence, are aided by
real literary power.”—Birmingham Post.
DAVID HARUM.
A Story of American Life. By Edward
Noyes Westcott. 12mo. Cloth, $1.50.
“David Harum deserves to be known
by all good Americans; he is one of them
in boundless energy, in large-
heartedness, in shrewdness, and in
humor.”—The Critic, New York.
“We have in the character of David
Harum a perfectly clean and beautiful
study, one of those true natures that
every one, man, woman, or child, is the
better for knowing.”—The World,
Cleveland.
“The book continues to be talked of
increasingly. It seems to grow in public
favor, and this, after all, is the true test of
merit.”—The Tribune, Chicago.
“A thoroughly interesting bit of fiction,
with a well-defined plot, a slender but
easily followed ‘love’ interest, some bold
and finely sketched character drawing,
and a perfect gold mine of shrewd,
dialectic philosophy.”—The Call, San
Francisco.
“The newsboys on the street can talk
of ‘David Harum,’ but scarcely a week
ago we heard an intelligent girl of fifteen,
in a house which entertains the best of
the daily papers and the weekly reviews,
ask, ‘Who is Kipling?’”—The Literary
World, Boston.
“A masterpiece of character painting.
In David Harum, the shrewd, whimsical,
horse-trading country banker, the author
has depicted a type of character that is
by no means new to fiction, but nowhere
else has it been so carefully, faithfully,
and realistically wrought out.”—The
Herald, Syracuse.
“We give Edward Noyes Westcott his
true place in American letters—placing
him as a humorist next to Mark Twain, as
a master of dialect above Lowell, as a
descriptive writer equal to Bret Harte,
and, on the whole, as a novelist on a par
with the best of those who live and have
their being in the heart of hearts of
American readers. If the author is dead—
lamentable fact—his book will live.”—
Philadelphia Item.
MISS DOUGALL’S BOOKS.
HE MORMON PROPHET. 12mo.
T Cloth, $1.50.
“A striking story.... Immensely
interesting and diverting, and as a
romance it certainly has a unique
power.”—Boston Herald.
“In ‘The Mormon Prophet’ Miss Lily
Dougall has told, in strongly dramatic
form, the story of Joseph Smith and of
the growth of the Church of the Latter-
Day Saints, which has again come
prominently before the public through the
election of a polygamist to Congress....
Miss Dougall has handled her subject
with consummate skill.... She has rightly
seen that this man’s life contained
splendid material for a historical novel.
She has taken no unwarranted liberties
with the truth, and has succeeded in
furnishing a story whose scope broadens
with each succeeding chapter until the
end.”—New York Mail and Express.
“Mormonism is not ordinarily
regarded as capable of romantic
treatment, but in the hands of Miss
Dougall it has yielded results which are
calculated to attract the general public as
well as the student of psychology.... Miss
Dougall has handled a difficult theme
with conspicuous delicacy; the most
sordid details of the narrative are
redeemed by the glamour of her style,
her analysis of the strangely mixed
character of the prophet is remarkable
for its detachment and impartiality, while
in Susannah Halsey she has given us a
really beautiful study of nobly
compassionate womanhood. We
certainly know of no more illuminative
commentary on the rise of this
extraordinary sect than is furnished by
Miss Dougall’s novel.”—London
Spectator.
“Miss Dougall may be congratulated
both on her choice of a subject for her
new book and on her remarkably able
and interesting treatment of it.... A
fascinating story, which is even more
remarkable and more fascinating as a
psychological study.”—The Scotsman.
HE MADONNA OF A DAY. 12mo.
T Cloth, $1.00; paper, 50 cents.
“An entirely unique story. Alive with
incident and related in a fresh and
captivating style.”—Philadelphia Press.
“A novel that stands quite by itself,
and that in theme as well as in artistic
merit should make a very strong appeal
to the mind of a sympathetic reader.”—
Boston Beacon.
HE MERMAID. 12mo. Cloth, $1.00;
T paper, 50 cents.
“The author of this novel has the gift
of contrivance and the skill to sustain the
interest of a plot through all its
development. ‘The Mermaid’ is an odd
and interesting story.”—New York Times.
HE ZEIT-GEIST. 16mo. Cloth, 75 cents.
“One of the most remarkable
T novels.”—New York Commercial
Advertiser.
BOOKS BY GRAHAM
TRAVERS.
INDYHAUGH. A Novel. By Graham
W Travers, author of “Mona Maclean,
Medical Student,” “Fellow
Travellers,” etc. 12mo, cloth, $1.50.
“‘Windyhaugh’ shows an infinitely
more mature skill and more subtle humor
than ‘Mona Maclean’ and a profounder
insight into life. The psychology in Dr.
Todd’s remarkable book is all of the right
kind; and there is not in English fiction a
more careful and penetrating analysis of
the evolution of a woman’s mind than is
given in Wilhelmina Galbraith; but
‘Windyhaugh’ is not a book in which
there is only one ‘star’ and a crowd of
‘supers.’ Every character is limned with a
conscientious care that bespeaks the
true artist, and the analytical interest of
the novel is rigorously kept in its proper
place and is only one element in a
delightful story. It is a supremely
interesting and wholesome book, and in
an age when excellence of technique
has reached a remarkable level,
‘Windyhaugh’ compels admiration for its
brilliancy of style. Dr. Todd paints on a
large canvas, but she has a true sense of
proportion.”—Blackwood’s Magazine.
“For truth to life, for adherence to a
clear line of action, for arrival at the point
toward which it has aimed from the first,
such a book as ‘Windyhaugh’ must be
judged remarkable. There is vigor and
brilliancy. It is a book that must be read
from the beginning to the end and that it
is a satisfaction to have read.”—Boston
Journal.
“Its easy style, its natural characters,
and its general tone of earnestness
assure its author a high rank among
contemporary novelists.”—Chicago
Tribune.
“We can cordially eulogize the
splendid vitality of the work, its brilliancy,
its pathos, its polished and crystalline
style, and its remarkable character-
painting.”—New York Home Journal.
ONA MACLEAN, Medical Student.
M 12mo, paper, 50 cents; cloth, $1.00.
“A high-bred comedy.”—New York
Times.
“‘Mona Maclean’ is a bright, healthful,
winning story.”—New York Mail and
Express.
“Mona is a very attractive person, and
her story is decidedly well told.”—San
Francisco Argonaut.
“A pleasure in store for you if you
have not read this volume. The author
has given us a thoroughly natural series
of events, and drawn her characters like
an artist. It is the story of a woman’s
struggles with her own soul. She is a
woman of resource, a strong woman,
and her career is interesting from
beginning to end.”—New York Herald.
ELLOW TRAVELLERS. 12mo, paper, 50
cents; cloth, $1.00.
F “The stories are well told; the
literary style is above the average, and
the character drawing is to be particularly
praised.... Altogether, the little book is a
model of its kind, and its reading will give
pleasure to people of taste.”—Boston
Saturday Evening Gazette.
“‘Fellow Travellers’ is a collection of
very brightly written tales, all dealing, as
the title implies, with the mutual relations
of people thrown together casually while
traveling.”—London Saturday Review.
BOOKS BY ALLEN RAINE.
Each, 12mo, cloth, $1.00; paper, 50
cents.
Garthowen: A Welsh Idyl.
“Wales has long waited for her
novelist, but he seems to have come at
last in the person of Mr. Allen Raine, who
has at once proved himself a worthy
interpreter and exponent of the romantic
spirit of his country.”—London Daily Mail.
By Berwen Banks.
“Mr. Raine enters into the lives and
traditions of the people, and herein lies
the charm of his stories.”—Chicago
Tribune.
“Interesting from the beginning, and
grows more so as it proceeds.”—San
Francisco Bulletin.
“It has the same grace of style,
strength of description, and dainty
sweetness of its predecessors.”—Boston
Saturday Evening Gazette.
Torn Sails.
“It is a little idyl of humble life and
enduring love, laid bare before us, very
real and pure, which in its telling shows
us some strong points of Welsh
character—the pride, the hasty temper,
the quick dying out of wrath.... We call
this a well-written story, interesting alike
through its romance and its glimpses into
another life than ours.”—Detroit Free
Press.
“Allen Raine’s work is in the right
direction and worthy of all honor.”—
Boston Budget.
Mifanwy: A Welsh Singer.
“Simple in all its situations, the story
is worked up in that touching and quaint
strain which never grows wearisome no
matter how often the lights and shadows
of love are introduced. It rings true, and
does not tax the imagination.”—Boston
Herald.
“One of the most charming tales that
has come to us of late.”—Brooklyn
Eagle.
By ELEANOR STUART.
Averages.
A Novel of Modern New York. 12mo.
Cloth, $1.50.
“To picture a scheming woman who is
also attractive and even lovable is not an
easy task.... To have made such a
woman plausible and real in the midst of
modern New York life is what Miss Stuart
has achieved in this novel. And the other
characters reach a similar reality. They
are individuals and not types, and,
moreover, they are not literary echoes.
For a writer to manage this assortment of
original characters with that cool
deliberation which keeps aloof from
them, but remorselessly pictures them, is
a proof of literary insight and literary skill.
It takes work as well as talent. The
people of the story are real, plausible,
modern creatures, with the fads and
weaknesses of to-day.”—N. Y. Life.
“The strength of the book is its
entertaining pictures of human nature
and its shrewd, incisive observations
upon the social problems, great and
small, which present themselves in the
complex life of society in the metropolis.
Those who are fond of dry wit, a subtle
humor, and what Emerson calls ‘a
philosophy of insight and not of tradition,’
will find ‘Averages’ a novel to their
taste.... There are interesting love
episodes and clever, original situations.
An author capable of such work is to be

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