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501. International Journal of Applied Philosophy: Volume > 32 > Issue: 2
Andy Wible Reporting Potential Errors: How Honest Should a Medical Professional Be?
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Medical errors are the third leading cause of death in the United States, and there is growing consensus that medical errors should be discussed after they occur. This essay argues that potential errors should be discussed with patients as well in the informed consent process prior to treatment. While physicians don’t have the obligation to tell patients to go to physicians and hospitals that would present less potential for error, patients should be told of increased risks compared to other options, and be guided through the data on physician and hospital rankings. Suggestions are given to improve this informed consent process.
502. International Journal of Applied Philosophy: Volume > 32 > Issue: 2
Christopher A. Riddle Assisted Dying, Disability Rights, and Medical Error
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In this brief paper, a case is made for the moral permissibility of assisted dying. The paper proceeds by highlighting a common critique from within disability rights scholarship and advocacy that emphasizes the vulnerability of people with disabilities and the risks associated with permitting assisted dying. The paper suggests that because medicine necessarily involves risk, primarily through the high likelihood of medical error, that the risk and harm being utilized as a justification to prohibit assisted dying by disability rights scholars is in fact, not conceptually or morally unique. Finally, it is argued that because all medicine involves a risk of harm, and assisted dying is not unique in this respect, that one cannot effectively launch a critique of assisted dying on this basis.
503. International Journal of Applied Philosophy: Volume > 32 > Issue: 2
Raymond J. Higbea, Alyssa Luboff Care for the Root Cause of Medical Errors
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In the mid-nineteenth century, healthcare delivery began transitioning from an individual, private payment model to a third-party payment model, dominated by the insurance industry. During the same time, productivity shifted from a transformational model, centered on the provider-patient relationship, to a transactional model, based on the distribution of services. The emergence of medical insurance and other third-party payers removed providers and patients from discussions about treatment plans, payment, and risk. This resulted in a weakening, if not fracturing, of the provider-patient relationship. All healthcare providers enter their profession to care for people, yet what has most frequently been lost in the transformed relationship over the past century is context, communication, and trust—all elements of a relational ethic, or what ethicist and psychologist Carol Gilligan first described as, “the ethics of care.” This loss of relationality has led to a model of healthcare delivery that is fractured, isolated, and uncoordinated, with an epidemic of medical errors that by some estimates results in the death of approximately 400,000 individuals per year. Thus far, isolated foci on patient quality, outcomes, and safety have been feckless and unimpressive. However, new advanced payment models, such as value-based purchasing and patient-centered medical homes, have the potential to reduce medical error by addressing its root cause. In linking payment to factors such as context, communication, and trust, they bring relationality back into the healthcare system. This essay traces the historic devolution of the provider-patient relationship and the promise of new payment models to restore it.
504. International Journal of Applied Philosophy: Volume > 32 > Issue: 2
Ben Almassi Medical Error and Moral Repair
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One limitation of medical ethics modeled on ideal moral theory is its relative silence on the aftermath of medical error: not just on the recognition and avoidance of malpractice, wrongdoing, or other such failures of medical ethics, but on how to respond given medical wrongdoing. Ideally, we would never do each other wrong; but given that inevitably we do, as fallible, imperfect agents we require non-ideal ethical guidance. For such non-ideal contexts, Nancy Berlinger’s analysis of medical error and Margaret Walker’s account of moral repair present powerful hermeneutical and practical tools toward understanding and enacting what is needed to restore relationships, trust, and moral standing in the aftermath of medical error and wrongdoing. Where restitutive justice aims to make injured parties whole and retributive justice to mete out punishment, reparative justice, as Walker describes it, “involves the restoration or reconstruction of confidence, trust, and hope in the reality of shared moral standards and of our reliability in meeting and enforcing them.” Medical moral repair is not without its challenges, however, in both theory and practice; the standard ways of holding medical professionals and institutions responsible for medical mistakes or malpractice function retributively and restitutively, either impeding or giving benign inattention to patient-practitioner relationship repair. This paper argues for the value of medical moral repair, while considering some complications of extending and synthesizing Berlinger’s and Walker’s respective accounts on medical error and moral repair.
505. International Journal of Applied Philosophy: Volume > 32 > Issue: 2
Mark Huston Medical Conspiracy Theories and Medical Errors
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In this essay, at the epistemological level I focus on groups, and not merely individuals, when examining medical errors on behalf of both the medical industry and patients who engage in medical conspiracy theories. Specifically, I use the work in virtue and vice epistemology by Quassim Cassam and Miranda Fricker to diagnose some of the problems that arise with medical conspiracism. Cassam identifies the vice conspiracist mentality to help explain the preponderance of conspiracy theorizing. Fricker provides a framework for thinking about group errors by identifying the vices of testimonial and hermeneutic injustice. I argue that medical conspiracists present a warped version of Fricker’s vices by acting as if they are the victims of these injustices instead of the purveyors of them. In addition, I argue that errors on behalf of various medical groups, such as hospitals and health organizations, reinforce many conspiracy theories.
506. International Journal of Applied Philosophy: Volume > 32 > Issue: 2
Stephen Kershnar In Defense of Asian Romantic Preference
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Asian romantic preference is not wrong because it does not infringe on someone’s moral right. Nor is it unjust in some other way. It is not intrinsically bad because it is neither false nor does it consist of the love of evil or hatred of the good. It is not clear if it is instrumentally bad because it is not clear whether it is good for Asian women and, if it is, whether the good for them is outweighed by the bad for others. People have many preferences when it comes to marriage, dating, and sex. Consider heterosexual men’s preferences for women who are thin, feminine, normal height, symmetrical, and so on. The preference to marry, date, or have sex with Asian women is morally similar to these preferences.
507. International Journal of Applied Philosophy: Volume > 32 > Issue: 2
Jessica Adkins Thinking Epistemically about Gender and Physician Assisted Death
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Feminists continue to express concerns over the legalization of physician-assisted death (PAD). Some worry that women are more likely than men to request PAD due to societal stereotypes and the pressures put on women to be self-sacrificing. Others worry that women will have their requests ignored more often than men because women’s voices are traditionally silenced or disregarded in western culture. Rather than join in the above argument of speculating which way women may be marginalized, I accept PAD as potentially dangerous and offer a solution in order to avoid the risks of injustice associated with PAD. I reframe the concerns as epistemological worries, and ultimately, I turn to Benjamin McMyler’s virtue epistemology as a way to avoid testimonial injustice in requests for life hastening medication, suggesting that the injustice comes from a narrow and individualistic perception of knowledge, and injustice can be avoided if we understand testimonial knowledge to be both cognitive and social.
508. International Journal of Applied Philosophy: Volume > 32 > Issue: 2
Tracey L. Cohen Expendable Commodities: The Exploitation of Human Research Subjects in the Developing World
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Human subjects in the developing world historically have been, and continue to be, treated like expendable commodities in clinical research. This paper will explore some of the factors that make those in the third world prime targets for exploitation. It will also challenge a deeply-entrenched view that has permitted this unethical conduct to persist—namely, the belief that the standard of medical care should vary depending upon where a research subject lives. The paper will also discuss the Food and Drug Administration’s 2008 decision to disavow the Declaration of Helsinki, to the further detriment of research subjects in developing countries. Finally, the paper will suggest a possible solution to help address this ethical crisis.
509. International Journal of Applied Philosophy: Volume > 32 > Issue: 2
Michael Davis The Legality of the Nuremberg Trials: A Brief Lockean Memoir
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Just over seventy years ago, three trials took place in Nuremberg, Germany. At the time, they seemed a turning point in international relations—and, indeed, proved to be. The trials involved the prosecution of prominent members of the political, military, economic, and judicial leadership of Nazi Germany, those who planned, oversaw, or otherwise participated in the Holocaust and other large crimes. At the time, the Trials were widely condemned for using retroactive criminal statutes. The most famous discussion is what became known as the Hart-Fuller Debate. This paper argues that Locke provides the best account of the lawfulness of the Trials—at least when compared to the accounts offered by Fuller, Hart, and Ronald Dworkin.
510. International Journal of Applied Philosophy: Volume > 32 > Issue: 2
Patrick Fleming On Street Harassment (or Why It Can be Wrong to be Friendly to Strangers)
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This paper argues that it can be morally wrong to be friendly to strangers. More specifically, the paper argues there is a salient pro tanto moral reason against being friendly to strangers in virtue of the structure of interaction. By ‘a salient pro tanto reason’ I mean a reason that is not always decisive, but it is often significant enough that it ought to factor in moral deliberation. My argument is perfectly general, but it is presented to shed light on one specific practical problem. By considering this issue I think we will be able to see what is distinctly wrong with street harassment. I hope to explain why this sort of behavior is morally problematic. Basically, even in its most benign cases, street harassment attempts to place a moral burden on a stranger to respond in kind. The stranger may not wish to bear this burden and that is why there are reasons against creating this burden. It is wrong because it involves treating others as if they owe you attention and acknowledgment, which is to treat strangers as friends.
511. International Journal of Applied Philosophy: Volume > 25 > Issue: 1
Mike W. Martin Of Mottos and Morals
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At their best, mottos help us cope by crystallizing attitudes, eliciting resolve, and guiding conduct. Mottos have moral significance when they allude to the virtues and reflect the character of individuals and groups. As such, they function in the moral space between abstract ethical theory and contextual moral judgment. I discuss personal mottos such as those of Isak Dinesen (“I will answer”) and group mottos such as found in social movements (“Think globally, act locally”), professions (“Above all, do no harm”), philosophy (“The personal is political”), and therapeutic groups like Alcoholics Anonymous (“One day at a time”).
512. International Journal of Applied Philosophy: Volume > 25 > Issue: 1
Edward Song Giving Credit When Credit Is Due: The Ethics of Academic Authorship
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Issues of academic authorship pose few problems for philosophers or those in the humanities, yet raise a host of issues for medical researchers, engineers and scientists, where multiple authors is the norm and journal articles sometimes list hundreds of authors. At issue here are abstract questions about desert, as well as practical problems regarding the distribution of goods attached to authorship—tenure, prestige, research grants, etc. This paper defends a version of the author/contributor model, where the specific contributions of authors are described in a footnote, against other models of authorial attribution. Such a model offers the best guarantee that authors will get their due, as well as providing the most reliable protection against misconduct and fraud. The paper also arguesthat it is important for this model to be institutionalized across disciplinary boundaries as the increasingly interdisciplinary nature of research will inevitably bring discipline-specific authorial norms into conflict.
513. International Journal of Applied Philosophy: Volume > 25 > Issue: 1
Jeffrey Moriarty Does Distributive Justice Pay? Sternberg’s Compensation Ethics
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Compensation has received a great deal of attention from social scientists. Characteristically, they have been concerned with the causes and effects of various compensation schemes. By contrast, few theorists have addressed the normative aspects of compensation. An exception is Elaine Sternberg, who offers in Just Business a comprehensive theory of compensation ethics. This paper critically examines her theory, and argues that the justification she gives for it fails. Its failure is instructive, however. The main argument Sternberg gives for her theory points in the direction of a different one. This, in turns, helps us to see what a justification of Sternberg’s theory must look like. While focused on Sternberg, this paper is of general interest. It identifies what are likely to be important positionsand arguments in debates about compensation ethics, and thus provides a jumping-off point for further research in this neglected area.
514. International Journal of Applied Philosophy: Volume > 25 > Issue: 1
Edmund Wall Privacy and the Moral Right to Personal Autonomy
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I argue that the moral right to privacy is the moral right to consent to access by others to one’s personal information. Although this thesis is relatively simple and already implicit in considerations about privacy, it has, nevertheless, been overlooked by philosophers. In the paper, I present and defend my account of the moral right to privacy, respond to possible objections to it, and attempt to show its advantages over two recent accounts: one by Steve Matthews and the other by Adam Moore. I also offer reasons to think that my account can be assimilated into a broad range of fundamental ethical approaches (i.e., a variety of consequentialist,deontological, and natural law approaches). Given the number and variety of such approaches, however, I can only attempt to make a prima facie case for the adaptability of the proposed account.
515. International Journal of Applied Philosophy: Volume > 25 > Issue: 1
Stephen Kershnar For Permitting Hazing
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In this essay, I argue that colleges and universities should permit hazing. I argue that if hazing is wrong, then it wrongs someone and if it wrongs someone then it violates someone’s right. Hazing does not violate someone’s right when the person who is hazed gives informed consent. I then argue that because hazing is permissible, colleges should permit it. I consider and respond to objections that hazing is wrong for reasons that are not right-based. Here I consider objections relating to deception, coercion, unnecessary harm, degradation, and exploitation. I also consider two more objections. First, hazing is wrong because it violates the colleges’ rights. Second, colleges need not permit hazing because they own the rights to the groups or the materials that the groups use and hence they may exercise their property rights in such a way as to make hazing wrong.
516. International Journal of Applied Philosophy: Volume > 25 > Issue: 1
William Ferraiolo Stoic Anxiolytics
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We experience anxiety because things may not turn out as we wish. Perhaps the problem is not located in the unfolding of events, but rather in the nature of the wishing. In this paper, I will argue that the Roman Stoics correctly analyzed the necessary conditions surrounding the arising of anxiety, and offered an effective prescription for the treatment and prevention of this disordered emotional state—a prescription that does not involve benzodiazepines such as Valium or Xanax, but one that holds out the promise of a more stable and enduring anxiolytic effect. Ultimately, anxiety can afflict only those whose desires are not rationally governed. There is little that anyone can do about the vicissitudes of the external world and the unraveling of events therein, but there is a great deal thata rational agent can do to manage the objects and direction of desire and aversion. Though not dispensed in tablet or capsule form, Stoic anxiolytics remain available without prescription and exhibit an extraordinarily benign side effect profile. They rarely cause weight gain, sexual dysfunction, or uncontrollable movements of the limbs. Physiological dependence is relatively rare—and not especially pernicious. Instead, Stoicism offers rationally grounded, proven psychological techniques for the gradual development of consistent self-mastery and emotional detachment from those facets of the human condition that tend to cause the most pervasive and unsettling forms of fear, anxiety, and avoidable disquiet.
517. International Journal of Applied Philosophy: Volume > 25 > Issue: 1
J. K. Miles Hatred, Hostility, and Defamation: The United Nations’ Exceptions to Free Speech
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The current UN policy regarding free speech presents a philosophical dilemma between accepting the free speech provisions in the Universal Declaration of Human Rights and exceptions carved out for hatred, hostility, and religious defamation. The Declaration should be understood to imply viewpoint neutrality and the exceptions for defamation are not viewpoint neutral. If the UN were to adopt J. S. Mill’s crucial distinctions between expression and performative speech, content and context, and mental states and the acts motivated by them, it would be clear that hatred, hostility, and defamation cannot be exceptions to viewpoint neutral free speech. If the heart of free speech is freedom especially for the thought we hate, then the UN should abandon its exceptions or abandon appeals to free speech. However, I will offer a strong reason that it should not do the latter.
518. International Journal of Applied Philosophy: Volume > 25 > Issue: 1
William Ferraiolo Stoic “Harm” as Degradation: A Response to James Taylor
519. International Journal of Applied Philosophy: Volume > 25 > Issue: 1
Susan Feldman Counterfact Conspiracy Theories
520. International Journal of Applied Philosophy: Volume > 25 > Issue: 1
David Lorenzo Applied Ethics: Practices, Goods, and Rules
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This paper aims to demonstrate how philosophy and ethics shed light on professional ethics. One of the most important issues in professional ethics nowadays is to establish and justify rules to achieve and sustain good behavior in persons involved in specific activities. During the second half of the twentieth century, professional ethics became increasingly more important for philosophy, while the number of codes of ethics continues to grow. This exposition is based on some fundamental ethical concepts, like ‘end,’ ‘rule,’ ‘virtue,’ etc., some of which are taken from Alasdair MacIntyre’s thought.