Consequentialist Approach Research Articles

Good and Bad on the Balance of Justice: ʿAbd al-Jabbār’s Ethical and Legal Norms

Abstract Comparing ʿAbd al-Jabbār’s (d. 415/1025) ethical assessment of acts with their legal status, this paper draws attention to the complex manner in which he arrives at his definitions. The detailed analysis complicates the often presumed dichotomy between consequentialist and deontological approaches to ethics and between rationalist Muʿtazilism and theistic subjectivist Ashʿarism. It demonstrates that ʿAbd al-Jabbār employs both consequentialist and deontological perspectives. The paper argues that ʿAbd al-Jabbār’s definitions of “good,” “bad” and “obligatory” derive from taking God’s justice (ʿadl) as the standard by which he evaluates divine and human action, thus reversing analogizing from the seen to the unseen. Understanding an action as tipping the balance of justice in favor or against the agent explains ʿAbd al-Jabbār’s ethical and legal definitions of acts. It shows how an act of benefit for somebody else establishes a right for the agent and an obligation of restitution on the recipient.

A hypothetical intervention to reduce inequities in anxiety for Multiracial people: simulating an intervention on childhood adversity.

Multiracial people report higher mean Adverse Childhood Experiences (ACEs) scores and prevalence of anxiety than other racial groups. Studies using statistical interactions to estimate racial differences in ACEs-anxiety associations do not show stronger associations for Multiracial people. Using data from Waves 1 (1995-97) through 4 (2008-09) of the National Longitudinal Study of Adolescent to Adult Health (Add Health), we simulated a stochastic intervention over 1,000 resampled datasets to estimate the race-specific cases averted per 1,000 of anxiety if all racial groups had the same exposure distribution of ACEs as Whites. Simulated cases averted were greatest for the Multiracial group, (median = -4.17 cases per 1,000, 95% CI: -7.42, -1.86). The model also predicted smaller risk reductions for Black participants (-0.76, 95% CI: -1.53, -0.19). CIs around estimates for other racial groups included the null. An intervention to reduce racial disparities in exposure to ACEs could help reduce the inequitable burden of anxiety on the Multiracial population. Stochastic methods support consequentialist approaches to racial health equity, and can encourage greater dialogue between public health researchers, policymakers, and practitioners.

Against age limits for men in reproductive care.

Almost all countries and fertility clinics impose age limits on women who want to become pregnant through Assisted Reproductive Technologies (ART). Age limits for aspiring fathers, however, are much less common and remain a topic of debate. This article departs from the principle of reproductive autonomy and a conditional positive right to receive ART, and asks whether there are convincing arguments to also impose age limits on aspiring fathers. After considering three consequentialist approaches to justifying age limits for aspiring fathers, we take in a concrete normative stance by concluding that those are not strong enough to justify such cut-offs. We reinforce our position by drawing a comparison between the case of a 39-year-old woman who wants to become a single mother via a sperm donor on the one hand, and on the other hand the same woman who wants to have a child with a 64-year-old man who she loves and who is willing to care for the child as long as he is able to. We conclude that, as long as appropriate precautions are taken to protect the welfare of the future child, couples who want to receive fertility treatment should never be limited on the basis of the age of the (male) partner. An absence of age limits for men would respect the reproductive autonomy of both the man and the woman.

Infection control, subjective estimates, and the ethics of testing during the COVID-19 pandemic.

On March 16, 2020, the Director-General of the World Health Organization said: "We have a simple message to all countries-test, test, test." This seems like sound advice, but what if limiting the number of tests has a positive effect on infection control? Although this may rarely be the case, the possibility raises an important ethical question that is closely related to a central tension between deontological and consequentialist approaches to ethics. In this paper, we first argue that early during the COVID-19 pandemic, Japan offers an interesting case because it experienced few deaths due to COVID while the number of tests was limited, suggesting that there may be cases in which low testing contributes to infection control indeed. After that, we examine deontological constraints on such a "low-testing" policy, focusing on issues related to a supposed "right to know," which is a central issue in medical ethics in general.

Этика буддизма в свете западных нормативных этических теорий: этика добродетели

In the last two decades, a comparative trend has developed within the discipline of Buddhist ethics in which scholars argue which of the major Western normative ethical theories is closest to early Buddhism: virtue ethics, consequentialism, or deontology. This article is devoted to the view of Buddhist ethics as a variant of virtue ethics. The article begins with a statement of the basic provisions of Buddhist ethics on which researchers rely when constructing the theory of Buddhist ethics. The purpose of this article is to show why the comparison of Buddhist ethics with the virtue ethics of Aristotle seems to be a successful and productive variant of the conceptualising Buddhist ethics, able to compete with the equally popular consequentialist approach. The work is mainly based on the consideration of the argumentation proposed by Damien Keown, a researcher who was the first to thoroughly approach the study of Buddhist ethics from a comparativist point of view, opening a wide field for discussion. Keown defends the view of Buddhist ethics as a variant of Aristotle’s virtue ethics and offers a critique of the consequentialist interpretation of the ethics of Buddhism. In conclusion, I propose the following solution to the comparative question: from my point of view, Theravada ethics is closest to virtue ethics in its basic positions. However, in Mahayana ethics, the features of consequentialism are more pronounced. Although comparative thinking is certainly interesting and productive, in the end I agree with the position that Buddhist ethics does not fit completely into any of the Western normative theories, but is an independent phenomenon.

Let us make man in our image-a Jewish ethical perspective on creating conscious robots

AbstractThe dream of making conscious humanoid robots is one that has long tantalized humanity, yet today it seems closer than ever before. Assuming that science can make it happen, the question becomes: should we make it happen? Is it morally permissible to create synthetic beings with consciousness? While a consequentialist approach may seem logical, attempting to assess the potential positive and negative consequences of such a revolutionary technology is highly speculative and raises more questions than it answers. Accordingly, some turn to ancient and not-so-ancient stories of “automata” for direction. Of the many automata conjured throughout history, if not in matter then in mind, the Golem stands out as one of the most persistent paradigms employed to discuss technology in general and technologically engendered life forms in particular. In this essay, I introduce a novel reading of the Golem paradigm to argue not from consequentialism, but from a deep-seated two-thousand-year-old tradition, the ethical implications of which are wholly deontological.

Lealtà istituzionale, fedeltà religiosa e integrità morale in democrazia

Institutional loyalty, religious fidelity and moral integrity in a democracy
 ABSTRACT: The deontological and contractualist ethical approach in support of democracy has limits because it does not respect personal moral autonomy. This does not allow the single person to be loyal to public institutions, faithful to religion and morally consistent. Therefore, a consequentialist approach to the rules is proposed.
 SOMMARIO: 1. Democrazia e religione - 2. Laicità e libertà - 3. Ragione e morale.

Ethical Jurisprudence in African American History: A Critical Analysis of the 1965 Voting Rights Act from Peter Singer’s Consequentialist Ethical Theory

On August 6, 1965, President Lyndon Johnson officially signed the Voting Rights Act (VRA) into law. This special day passed one of the most significant laws in American history and also marked one of the most critical moments in the civil rights movement, which is remembered and celebrated by many Americans. This paper aims to parse the underlying morality of the 1965 VRA based on the nature of the act and its immediate or indirect effects on the American people. Qualitative analysis based on primary and secondary sources is used as the primary research method, with Peter Singer's consequentialist ethics as the theoretical underpinning. No first-hand data is generated or used in this research. The analysis of the 1965 VRA's morality yields a positive moral appraisal. The consequentialist approach elucidates without ambiguity that the VRA is moral because it promoted happiness and fulfilled the moral requirement of lessening pains for minority voters. Although the act's impact gradually faded after the Shelby County ruling, the positive effects are not diminished to zero and thus should be acknowledged.

International Law and the Humanization of Warfare

AbstractThe trend toward the “humanization” of international law reflects a greater emphasis on individuals rather than simply states as objects of concern. The advance of human rights law (HRL) has been an important impetus for this trend. Some observers suggest that humanization can be furthered even more by applying HRL rather than international humanitarian law (IHL) to hostilities between states and nonstate armed groups, unless a state explicitly declares that it is engaged in an armed conflict. This essay argues, however, that a court should not defer to a state's characterization of hostilities, but should base its analysis on whether hostilities meet the criteria for an armed conflict. Applying HRL to hostilities that effectively are an armed conflict but not acknowledged as such risks diluting the legitimacy and normative force of HRL. On the one hand, if a court applies conventional stringent HRL standards, this body of law may be seen as unrealistic and is likely to be ignored. On the other hand, a court that adapts HRL standards to armed conflict may need to take a consequentialist approach at odds with HRL's deontological foundations. Clearly differentiating between HRL and IHL may thus best promote the humanization of warfare.

Synthetic Biology for Human Space Missions: Ethical Issues and Practical Applications

ABSTRACT Synthetic biology is a new and promising way of managing challenges which may be faced by astronauts during human space missions. Due to specific constraints, which include long term travel and future settlement where in-situ resources are limited, synthetic biology provides a rational solution. In this paper, we start from an evaluation of ethics of synthetic biology, and propose application of a systematic consequentialist approach for deployment. We discuss possible applications of synthetic biology in resource utilization and life support, which have direct applications to sustaining human-kind both on Earth and in space.

Police Ethics in Rural Contexts: A Left Realist Consequentialist View

This article presents crime survey data from the state of West Virginia in the United States showing that, controlling for structural conditions, community atmosphere is significantly related to crime, violence and many other social problems in rural places. These results help identify measurable and achievable progressive desired ends in rural policing, replacing law enforcement outputs (for example, arrests, gun and drug seizures) with safe, strong community outcomes as the summum bonum (i.e, ultimate outcome) of policing. Findings show that interdependent communities where police are partners with residents are the safest, while conflict communities where the police are viewed as adversaries are least safe. These results suggest a left realist consequentialist approach to police ethics to dismantle the hegemony of draconian policies and practices.

Understanding nurses' justification of restraint in a neurosurgical setting: A qualitative interview study.

Despite its negative impact on patients and nurses, the use of restraint in somatic health care continues in many settings. Understanding the reasons and justifications for the use of restraint among nurses is crucial in order to manage this challenge. To understand nurses' justifications for restraint use in neurosurgical care. A qualitative, descriptive design was used. Data were analysed with inductive qualitative content analysis. Semi-structured interviews with 15 nurses working in three neurosurgical departments in Sweden. Approved by The Regional Ethics Committee, Stockholm, Sweden. The analysis resulted in three categories. The category Patient factors influencing restraint use describes patient factors that trigger restraint, such as a diminished decision-making competence, restlessness, and need for invasive devices. The category Specific reasons for justifying restraint describes reasons for restraining patients, such as restraint being used for the sake of the patient or for the sake of others. The category General reasoning in justifying restraint describes how nurses reason when using restraint, and the decision to use restraint was often based on a consequentialist approach where the nurses' weighed the pros and cons of different alternatives. Nurses with experience of restraint use were engaged in a constant process of justifying and balancing different options and actions. Restraint was considered legitimate if the benefit exceeded the suffering, but decisions on which restraint measures to use and when to use them depended on the values of the individual nurse. How nurses reason when justifying restraint, why they use restraint, and who they use restraint on must be considered when creating programs and guidelines to reduce the use of restraint and to ensure that when it is used it is used carefully, appropriately, and with respect.

Кара и гуманизм уголовной ответственности ограниченно вменяемых лиц

Criminal liability of persons with diminished responsibility is one of the actual problems of the general part of criminal law. The author points out how courts take into account diminished responsibility when sentencing. Analysis of court practice shows that humanist approach in this regard is effective not always. It is contained possible ways of taking into account diminished responsibility when sentencing in accordance with criminal law theory and current criminal legislation. It is drawn attention to focusing on enhancing the effectiveness of treatment of persons with diminished responsibility. The article offers to consider consequentialist approach to criminal liability of persons with diminished responsibility. The author shows how this approach is used in foreign science in the study of criminal law issues, in particular – problem of criminal liability of persons with diminished responsibility. It is stated how consequentialism can be used in criminal law theory and practice in regard of criminal liability of persons with diminished responsibility.
 The study aims to identify effective ways to decide the problem of criminal liability of persons with diminished responsibility based on consequentialist approach. 
 The methodological basis of the research is dialectical method. General scientific methods (systematic, logical, analysis, generalization, interpretation) and particular scientific methods (sociological (survey), formal legal, comparative legal) were used.

Synthetic Biology for Human Space Missions: Ethical Issues and Practical Applications

ABSTRACT Synthetic biology is a new and promising way of managing challenges which may be faced by astronauts during human space missions. Due to specific constraints, which include long term travel and future settlement where in-situ resources are limited, synthetic biology provides a rational solution. In this paper, we start from an evaluation of ethics of synthetic biology, and propose application of a systematic consequentialist approach for deployment. We discuss possible applications of synthetic biology in resource utilization and life support, which have direct applications to sustaining human-kind both on Earth and in space.

Delimiting Legal Interpretation: The Problem of Moral Bias and Political Distortion—the Case of Criminal Intention

AbstractThis essay criticizes Dworkin’s and Greenberg’s interpretivism using one concrete example, namely, the interpretation of rules of criminal law pertaining to intentionality ascriptions. In fact, according to interpretivism, some judicial interpretations of criminal intention can be explained as practices that depart from legislatively communicated content to implement moral principles. We distinguish between a Kantian and a consequentialist approach to criminal intention and claim that judicial practice can be viewed as an implementation of the consequentialist approach which pulls apart the Kantian criteria communicated by the legislator. However, we argue that, in doing so, judges open the door to folk biases, political pressures, and stereotypes that produce distorted and unfair results. To deal with this objection, interpretivism would have to both claim that judicial practice is erroneous and provide a theory of objective moral truth, yet it fails in both respects.

Guiding Covid policy: cost-benefit analysis and beyond

Abstract Cost-benefit analysis (CBA) is inappropriate as an aid to Covid policy-making because the plural, incommensurable values at stake are not all amenable to monetary measurement. CBA for Covid policy is also undermined by pervasive uncertainty and ignorance, and has some troubling distributional implications. However, non-consequentialist alternatives to CBA tend towards implausibly absolutist prohibitions on risk imposition. Arguments for setting aside consequentialism for special circumstances (the precautionary principle, or a medical rule of rescue) are also problematic when applied to Covid policy. A broad consequentialist approach to policy guidance is defended, one which does not demand commensuration on a common monetary scale. Despite the absence of commensuration, policy guidance is still possible.

Surgery should be routinely videoed

Video recording is widely available in modern operating rooms. Here, I argue that, if patient consent and suitable technology are in place, video recording of surgery is an ethical duty....

Rethinking Brain Death: A Physiological, Philosophical and Ethical Approach

The term ‘brain death’ is a rather untenable description to be defended ethically. This needs to be sorted out to ‘cortical brain death’, ‘whole brain death’ and WBD should include the brainstem. Organ transplants confound the difference between WBD and ‘biological death’, that is, the complete cessation of body function. It is clearly an ethical issue of taking a life, however, I argue for the greater good, IF it is clearly documented that irreversibility presents itself through multiple criteria (apnea, brainstem function, lack of long onset EEG, etc.). If meeting these criteria, we can have medical, physiological and moral standards and it is ethical to declare brain death, thus allowing organ transplants, and by definition, create biological death by doing so. This is a very consequentialist approach, but it does appease the dualistic ethics by separating the brain, or, more to the point, the concept of the ‘conscience’, and the possibility of defining ‘personhood’ or lack thereof. I believe the 1968 Harvard ‘declaration of death’ doesn’t fit the above criteria and the AMA declaration (formally adopted in 2003) states that: “a determination of death must be made in accordance with accepted medical standards”, however, those medical standards were not described. This paper addresses those standards.

Racism without racists and consequentialist life-maximizing approaches to triaging.

Consequentialist life-maximizing approaches to triaging prescribe that everyone ought to have an equal chance of living a typical lifespan, through the saving more life-years (or saving most lives) principle, which emphasizes the youngest-first principle and in some cases a lottery approach, often at the expense of the old and the sick. Although this approach has already been criticized by several bioethicists, this article provides a different kind of criticism to the life-cycle viewpoint, one that has not yet been explored at length; namely, we contend that the life-maximizing approach entails a form of racism without racists in its attitude towards Black people. More specifically, we contend that by neglecting the idea that current societies are not post-racial, it privileges White individuals and disadvantages Black people in the triaging process, curtails equal opportunities for Black people, reinforces white normativity, and neglects African culture. We end the article by pointing towards an Afro-communitarian relational triaging approach that does not face the same difficulties as consequentialist life-maximizing approaches do.

Climate ethics and population policy: A review of recent philosophical work

AbstractIt is well‐established that human population growth is a leading cause of increased greenhouse gas emissions and accelerating global climate change. After decades of neglect, philosophical ethicists have, over the past decade, taken up the issue of climate change and population policy and there are now numerous articles and books which explore the subject. Both rights‐based and consequentialist approaches seek to balance reproductive rights against other human rights and interests threatened by overpopulation and ecological degradation. While biocentric ethicists have additional reasons to advocate for smaller human populations, even anthropocentrists affirm the need to balance reproductive rights against reproductive responsibilities in order to promote the well‐being of future generations. There is a particularly strong consensus on the value of choice‐enhancing population policies that reduce fertility voluntarily, such as securing universal access to modern contraception and promoting equal rights and opportunities for women. There is strong support for government policies that incentivize smaller families, some support for policies that disincentivize larger ones, and little to no support for punitive policies. Many ethicists warn that failure to enact reasonable population policies now may necessitate harsher policies in the future, a common theme in climate ethics generally.This article is categorized under: Climate, Nature, and Ethics > Ethics and Climate Change