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Bioethics
Bioethics
Bioethics is a rather young academic inter-disciplinary field that has emerged rapidly as a particular moral enterprise against the
background of the revival of applied ethics in the second half of the twentieth century. The notion of bioethics is commonly understood as
a generic term for three main sub-disciplines: medical ethics, animal ethics, and environmental ethics. Each sub-discipline has its own
particular area of bioethics, but there is a significant overlap of many issues, ethical approaches, concepts, and moral considerations. This
makes it difficult to examine and to easily solve vital moral problems such as abortion, xenotransplantation, cloning, stem cell research,
the moral status of animals and the moral status of nature (the environment). In addition, the field of bioethics presupposes at least some
basic knowledge of important life sciences, most notably medicine, biology (including genetics), biochemistry, and biophysics in order to
deal successfully with particular moral issues. This article also contains a discussion about the vital issue of moral statusand hence
protectionin the context of bioethics, that is, whether moral status is ascribed depending on rationality, harm, or any other feature. For
example, it might well be the case that non-sentient beings such as plants and unique stone formations, such as the Grand Canyon, do
have a moral standingat least, to some degreeand should not be deliberately destroyed by virtue of either their instrumental or
intrinsic value for human beings. The last part contains a discussion of the main bioethical theories including their main line of reasoning
and complex challenges in contemporary philosophy.
Table of Contents
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2.
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b.
c.
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b.
c.
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5.
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b.
c.
d.
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a.
Preliminary Distinctions
A Brief History of Bioethics
The Origin of the Notion of Bioethics
The Origin of the Academic Discipline and Institutionalization of Bioethics
The Origin of Bioethics as a Phenomenon
Sub-disciplines in Bioethics
Introduction
Medical Ethics
Animal Ethics
Environmental Ethics
The Idea of Moral Status in Bioethics
Theory in Bioethics
Introduction
Deontological Approaches
Utilitarianism
The Four-Principle Approach
Virtue Ethics
Casuistry
Feminist Bioethics
References and Further Reading
References
Further Reading
1. Preliminary Distinctions
Rapid developments in the natural sciences and technology (including biotechnology) have greatly facilitated better living conditions and
increased the standard of living of people worldwide. On the other hand, there are undesirable consequences, such as nuclear waste,
water and air pollution, the clearing of tropical forests, and large-scale livestock farming, as well as particular innovations such as gene
technology and cloning, which have caused qualms and even fears concerning the future of humankind. Lacunae in legal systems, for
example, regarding abortion and euthanasia, additionally are a cause of grave concern for many people. Furthermore, moral problems
which stem from a concrete situation, for example, gene-manipulated food, have given rise to heated public debates and serious public
concerns with regard to safety issues in the past. There wasand still isa need for ethical guidance which is not satisfied simply by
applying traditional ethical theories to the complex and novel problems of the twenty-first century.
What are the general goals of bioethics? As a discipline of applied ethics and a particular way of ethical reasoning that substantially
depends on the findings of the life sciences, the goals of bioethics are manifold and involve, at least, the following aspects:
1.
2.
3.
4.
5.
6.
Discipline: Bioethics provides a disciplinary framework for the whole array of moral questions and issues surrounding the life
sciences concerning human beings, animals, and nature.
Inter-disciplinary Approach: Bioethics is a particular way of ethical reasoning and decision making that: (i) integrates
empirical data from relevant natural sciences, most notably medicine in the case of medical ethics, and (ii) considers other disciplines of
applied ethics such as research ethics, information ethics, social ethics, feminist ethics, religious ethics, political ethics, and ethics of law
in order to solve the case in question.
Ethical Guidance: Bioethics offers ethical guidance in a particular field of human conduct.
Clarification: Bioethics points to many novel complex cases, for example, gene technology, cloning, and human-animal
chimeras and facilitates the awareness of the particular problem in public discourse.
Structure: Bioethics elaborates important arguments from a critical examination of judgements and considerations in
discussions and debates.
Internal Auditing: The combination of bioethics and new data that stem from the natural sciences may influencein some
cases the key concepts and approaches of basic ethics by providing convincing evidence for important specifications, for example, the
generally accepted concept of personhood might be incomplete, too narrow, or ethically problematic in the context of people with
disability and, hence, need to be modified accordingly.
In other words, bioethics is concerned with a specific area of human conduct concerning the animate (for example, human beings and
animals) and inanimate (for example, stones) natural world against the background of the life sciences and deals with the various
problems that arise from this complex amalgam. Furthermore, bioethics is not only an inter-disciplinary field but also multidisciplinary
since bioethicists come from various disciplines, each with its own distinctive set of assumptions. While this facilitates new and valuable
perspectives , it also causes problems for a more integrated approach to bioethics.
Historically speaking, there are three possible ways at least to address the history of bioethics. First, by the origin of the notion of
bioethics, second, by the origin of the academic discipline and the institutionalization of bioethics, and third, by the origin of bioethics as
a phenomenon. Each focuses on different aspects concerning the history of bioethics; however, one can only understand and appreciate
the whole picture if one takes all three into account.
about animals and their moral status. According to Aristotle (400 B.C.E.), animals do not have a moral status and hence human beings
cannot treat them unjustly. This line of thought was omnipresent during the time of the Romans and was reflected their great pleasure in
animal hunts in the Colosseum and the Circus Maximus between the second century B.C.E. and the sixth century C.E. Researchers
estimate that hundreds of thousands of animals were killed in order to please the public (panem et circenses). Only one incident is
documented in the long and bloody history of cruelty against animals in Rome, when the audience sided with a group of elephants and
proclaimed that the emperor showed cruelty to these majestic creatures, which was seen by the public as an immoral act. According to
Thomas Aquinas (thirteenth century), who shaped the Christian view on the moral status of animals for several hundred years, animals
have no moral status and human beings are allowed to use them for their own comfort since everything is made by God and subjected to
the rule of human beings. Kant (eighteenth century) famously argued that animals have no moral status but one should treat them
appropriately since cruelty against animals might have a negative effect on our behaviour towards our fellow humans, that is, the
brutalization of human behaviour.
The idea of protecting nature/the environment is a contemporary thought that particularly evolved by virtue of public concern about the
rapid technological developments in the twentieth century and the extreme dangers to the whole globe posed by these developments, for
example, nuclear waste, water and air pollution, the clearing of tropical forests, and global warming. The point is, however, that a concern
for bioethical issues is much older than the name of the phenomenon itself and the academic discipline.
3. Sub-disciplines in Bioethics
a. Introduction
Bioethics is a discipline of applied ethics and comprises three main sub-disciplines: medical ethics, animal ethics, and environmental
ethics. Even though they are distinct branches in focusing on different areasnamely, human beings, animals, and naturethey have a
significant overlap of particular issues, vital conceptions and theories as well as prominent lines of argumentation. Solving bioethical
issues is a complex and demanding task. An interesting analogy in this case is that of a neural network in which the neural knot can be
compared to the bioethical problem, and the network itself can be compared to the many different links to other vital issues and moral
problems on different levels (and regarding different disciplines and sub-disciplines). Sometimes it seems that the attempt to settle a
moral problem stirs up a hornets nest because many plausible suggestions cause further (serious) issues. However, a brief overview of the
bioethical sub-disciplines is as follows.
b. Medical Ethics
The oldest sub-discipline of bioethics is medical ethics which can be traced back to the introduction of the Hippocratic Oath (500 B.C.E.).
Of course, medical ethics is not limited to the Hippocratic Oath; rather that marks the beginning of Western ethical reasoning and
decision making in medicine. The Hippocratic Oath is a compilation of ancient texts concerning the proper behaviour of physicians and
the relationship between physician and patient. It also contains some binding ethical rules of utmost importance such as the well known
principle of non-maleficence (primum non nocere) and the principle of beneficence (salus aegroti suprema lex); furthermore, doctorpatient confidentiality and the prohibition on exploiting the patient (including sexual exploitation) are important rules that are still valid.
Other more critical elements of the Hippocratic Oath such as the strict prohibition of euthanasia and abortion seem to be rather debatable
and raise the vital question of how to distinguish between valuable and less valuable principles it proposes. In contemporary bioethics,
euthanasia isin generalwidely regarded as an eligible autonomous decision of the patient that must be respected. With regard to
abortion, most bioethicists believe that it should be allowed, at least, under certain circumstances, but this issue is still hotly debated and
causes many emotional responses. The upshot is that one needs a more fundamental theoretical analysis of the particular elements of the
Hippocratic Oath in order to determine possible traditional shortcomings in more detail before one accepts them as a fixed set of
unquestionable professional rules. Furthermore, the idea that the physician knows best and should be able to act against the will of the
patient for the benefit of the patient (that is, the patriarchal model of the physician-patient relationship) also originated in ancient times.
The competence of the physician was too overwhelming for most people so that they almost always complied with the physicians advice.
In medical ethics, one is concerned with the general ethical question of what should one do under the particular circumstances of
medicine. In this respect, medical ethics is not different from basic ethics but it is limited to the area of medicine and deals with its
particular state of affairs.
There are a number of important traditional issues in medical ethics that still need to be solved. These include beginning- and end-of-life
issues (notably abortion, euthanasia, and limiting therapeutic treatments), the physician-patient relationship, research on human beings
(including research ethics and human genetics). More recent medical issues include reproductive decision making, organ transplantation,
just distribution of healthcare resources, access to healthcare, and most recently vital issues concerning healthcare systems and (global)
public health. In the twentieth century, medical ethics was focused onbut not limited to two main issues: the concept of personhood
(for example, the Singer debate) and the principle of autonomy (that is, individual informed consent). The rise of autonomy in the context
of the physician-patient relationship can be seen as the counter-movement to paternalism in healthcare. Both vital issues pervaded many
debates in medical ethics in the past and can been seen as key issues that shaped the discussions in academia, at the theoretical level, and
were highly influential on the ward, that is in practice, as well.
c. Animal Ethics
The history of ethics is to some extent a history of who is and should be part of the moral community. Roughly speaking, in Antiquity only
men of a particular social status were part of the moral community; several hundred years later, after a long and hard social struggle
women achieved equal status with meneven though there is still a long way to go in many parts of most societies (for example, in the job
market and equal pay for equal work). The idea that animals should be part of the moral community mainly evolved in the context of the
ethics of utilitarianism in the nineteenth century, most notably spearheaded by Jeremy Bentham, who famously argued that it does not
matter morally whether animals can reason but rather whether they can suffer. In addition, animal rights groups were founded in the
USA and Europe (in particular, in Protestant England and Germany) by virtue of a new awareness of sensitivity towards cruelty against
animals (for example, vivisection) and a growing feeling of compassion for the suffering of animals in general (see Schopenhauer). This
new paradigmatic moral shift was supported by the scientific findings of Darwins evolutionary theory. The findings undermined the sharp
(empirical) distinction between human and animal posed by the traditional natural rights position that only rational human beings are
part of the moral community (see also the objection of speciesism, 3d). Evolutionary theory provides convincing empirical evidence that
there is a natural kinship between human beings and animals in the sense that human beings evolved from animals through a long,
gradual process.
Current problems include research on animals (including vivisection), livestock farming and animal transports, xenotransplantation,
human-animal chimera, meat eating versus vegetarianism/veganism, the legitimacy of zoos and circuses, religious freedom versus animal
protection, recreational hunting, and the growing conflict between the protection of the environment and animal welfare. These pose
complex moral issues that need to be addressed appropriately by responding to the question of whether animals have a moral status in
general (and why), and, if they do, what their exact moral rank is.
All ethical viewpoints defending the protection of animals broaden the scope of the traditional position by claiming that the ability to
suffer is the key point and hence sentient beings should be protected as part of the moral community. Two ground-breaking and highly
influential books written by the utilitarian Peter Singer (1975) and Tom Regan (1983), who favors a Kantian-oriented approach, were the
starting point of a more sophisticated discussion in academia and which also influenced many laypeople across the world. Singer argues
for a utilitarian animal ethics based on the equal consideration of interests of sentient beings in combination with the criterion of the
ability to feel pain. Regan claims instead that sentient beings who are able to see themselves as subjects of life do have an inherent
value which provides them with strong defensible moral rights that implicate prima facie duties for human beings towards animals.
Other ethical approaches contribute important insights as well. Virtue ethics calls for one not to undermine the aspiration of the good life
by acting in a cruel way towards animals but acknowledge the animal-like part of ones existence (Midgley 1984). Feminist care
ethics implies animals stand in an asymmetrical relation of care and responsibility towards human beings (Donovan and Adams 1996).
Discourse ethics implies animals are part of the moral community through the voice of a surrogate decision maker (Habermas 1997).
d. Environmental Ethics
Generally speaking, environmental ethics deals with the moral dimension of the relationship between human beings and non-human
natureanimals and plants, local populations, natural resources and ecosystems, landscapes, as well as the biosphere and the cosmos.
Strictly speaking, human beings are, of course, part of nature and it seems somewhat odd to claim that there is a contrast between human
beings and non-human nature. At second glance, however, it seems reasonable to make this distinction because human beings are the
only beings who are able to reason about the consequences of their actions which may influence the whole of nature or parts of nature in a
positive or negative way.
Ideas about the right conduct concerning the environment are as old as humankind but the establishment of environmental ethics as an
academic discipline dates back to the 1970s when issues of vital importance emerged, such as the global threat to the natural basis of
existence, the growing number of extinct species, the destruction of ecosystems and natural resources, as well as the more recognized
dangers of technological inventionsfor example, nuclear power, including its radioactive waste, and the new biotechnologies like genetic
engineering. The exploitation of the environment was first justified by the religious teachings of the Old Testament (such as the
stewardship of the environment in the Bible) and, during the secular period of the Enlightenment, supported by Francis Bacons scientific
program to (rigorously) disclose all the secrets of nature. Ren Descartes famous and influential dualism of rational beings, on the one
hand, and soulless matter, on the other hand, led to the debasement of nature, including animals, since the objects of morality were by
nature rational beings only. The first serious counter-movement can be traced back to the Romantic philosophies of nature of the
eighteenth and nineteenth centuries. In the non-Western context, the idea of respect for and valuing nature is more prevalent and at least
2500 years old, referring to the general teachings of Hinduism and Buddhism which influenced the Western view in Europe in the
eighteenth and nineteenth centuries (for example, Schopenhauer). Of course, contemporary environmentalists, particularly feminist
ethicists and supporters of the idea of natural aesthetics, have refined the criticism of the traditional view by claiming that animals and
nature are not valueless but deserving of moral protection.
It is possible to make the following broad distinctions regarding environmental ethics. Environmental ethics is commonly divided into two
distinct areas: (i) anthropocentrism and (ii) non-anthropocentrism (or physiocentrism). Anthropocentric approaches such as virtue
ethics and deontology stress the particular human perspective, and claim that values depend on human beings only. Values are relational
and require a rational being, hence animals and non-human nature are not per se objects of morality, unless indirectly, by virtue of a
surrogate decision maker. According to the anthropocentric view, only (rational) human beings deserve moral protection although one
should respect and protect nature either for the sake of human beings (instrumental view) or for the sake of nature itself (noninstrumental view). Anthropocentrism is faced with the objection of speciesism, the view that the mere affiliation to the species of Homo
sapiens is sufficient to grant a higher moral status to human beings in comparison with animals. Singer has powerfully claimed, however,
that the mere difference of species in itself cannot determine moral status (Singer 2009: 567).
Non-anthropocentrism (or physiocentrism) mainly consists of three main branches: (1) pathocentrism, (2) biocentrism, and (3)
ecocentrism, which can be further divided into an individualistic and holistic version. All non-anthropocentric approaches share the
common claim that there are objective or more straightforward naturalistic values which are non-relational (intrinsic) and do not
presuppose rational human beings. Nature (including animals) itself is valuable, independently of whether there are any human beings or
not (non-instrumental view), even though one has to acknowledge the fact that many arguments about intrinsic value also have
instrumental underpinnings. Supporters of pathocentrismargue that all sentient beings deserve moral consideration and protection,
equally/egalitarian or non-equally/non-egalitarian with reference to human beings (see Singer 1975, Regan 1983, Wolf 1996). Adherents
of biocentrism claim that all beings should be part of the moral community. Finally, supporters of ecocentrism argue that the whole of
nature deserves moral protection, either according to an individualistic or holistic approach. If individualistically, all things in nature
are bearers of moral values and are of equal moral worth. If holistically, there are traditionally at least three main positions: (a)
ecofeminism, (b) deep ecology, and (c) the land ethics. Ecofeminists believe that there is a parallel between the systems of domination
that affect both women and nature. Therefore, if human beings are willing to change the way they act towards nature, they must
understand the real causes of the problemthe idea that nature is rather irrational and passive as well as needing to be controlled by
human beings (Plumwood 1986, Warren 1987). According to deep ecologists, human beings should view themselves as being a part of and
not distinct from the natural world by virtue of a refined notion of the self. All living things, according to the founder of deep ecology,
Arne Naess, have an equal right to flourish (biospherical egalitarianism). Proponents of the land ethics argue that one should stop
treating the land as a mere resource, but view it as a precious source of energy. Aldo Leopold, the founder of land ethics, famously claims:
A thing is right when it tends to preserve the integrity, stability, and beauty of the biotic community. It is wrong when it tends
otherwise. (Leopold 1949/1989: 218-225).
But what are the prerequisites for ascribing a being a moral status and hence moral rights and (legal) protection? And, furthermore, what
about non-sentient nature, such as tropical rainforests, the Grand Canyon, mammoth trees, and beautiful landscapes? Do they have a
moral status as well? Are they morally significant at least to some degree? Or are human beings allowed to do whatever they want to do
with non-human nature?
Traditionally, philosophers made the distinction between sentient beings and non-sentient beings (including the environment) and
argued that only beings who have an intrinsic worth are valuable and hence deserve moral concern and (legal) protection. Therefore, it is
the intrinsic worth of the particular being that is important for the ascription of the beings moral status as well as the beings moral and
legal protection. If a being has no intrinsic worth, then it has no moral status, and so forth. It has been commonly argued that the intrinsic
worth of a being can be fleshed out by claiming that it is rationality or the capacity to reason which is the underlying motif for ascribing
intrinsic worth (for example, Kant). This line of reasoning is anthropocentric and is faced with the objection of speciesism (3d). A
somewhat different view is, for example, to claim that even the Grand Canyon has an intrinsic worth by virtue of its uniqueness and great
beauty. In this respect, the notion of intrinsic worth is fleshed out by the idea of uniqueness and beauty and hence one avoids (to some
degree) anthropocentrism and the objection of speciesism. But, on the other hand, this position seems questionable for at least two
important reasons. First, being unique seems to be of no moral importance at all. For example, if a dog was born with two heads, one
might say that this is unique but it would seem awkward to grant the dog protection by virtue of his two heads. Rather, one would be
more likely to protect him in order to study the dogs particular abnormality. This, however, has nothing to do with the dogs supposed
intrinsic worth based on his uniqueness but everything to do with his instrumental value for some scientists. Secondly, to say that
something (or someone) is beautiful seems to presuppose a sentient being that values the particular thing in the first place; hence we
are not concerned with an intrinsic worth but rather with an instrumental worth with reference to a particular valuer. According to this
reasoning, the Grand Canyon should be protected since it causes great experiences in people who stand in awe of this landscape when
they appreciate the great beauty of it and simply feel good about it.
Some scholars argue that one has to be cautious of examining the moral status of non-human nature through the lens of a purely
anthropocentric line of reasoning because it conceptually downplays the value of animals and the environment right from the start.
However, on the other hand, many people find it questionable to argue for the moral rights of stones, sunflowers, and earthworms. Even
so, it seems plausible to consider that there might be a significant distinction between the moral status of stones, sunflowers, and
earthworms by virtue of their instrumental value for human beings. For example, the Grand Canyon might have a certain moral status
because this unique stone formation makes human beings not only view it with awe, but also aesthetically admire it, which is the reason
not to deliberately destroy the Grand Canyon. Sunflowers are nice to look at and hence are enjoyable for human beings, therefore one
should not deliberately destroy them; earthworms are useful for the thriving of plants (including sunflowers) which is good both for
animals and human beings since they loosen the ground, and hence they should not be deliberately destroyed as well. The differing moral
status of stones, sunflowers, and earthwormsif there is anycould then be eventually ranked according to their particular instrumental
value for human beings. Or one could argue that stones, sunflowers, and earthworms have an intrinsic (that is, non-instrumental) value
in so far as they are valuable as such. Then, a possible ranking concerning their moral status might either depend on their
supposed usefulnessfor other entities (a case of intrinsic value with instrumental underpinnings) or on a fixed general order of noninstrumental values: first, animals, second, animated plants, and third, the most inanimate, such as stones. Against this fixed order,
however, some people could object that mammoth treesthe gigantic several hundred years old majestic treesshould be ranked higher
than simple earthworms because they are very rare and make human beings view them with awe. That is, it might well be the case that
sometimes animated plants such as majestic mammoth trees morally outweigh lower forms of animals such as earthworms. Furthermore,
one could even argue, then, that the Grand Canyon morally outweighs a group of majestic mammoth trees and so forth. As a result, it
seems reasonable to acknowledge the fact that there is no easy way to determine: (1) The exact moral status between different life forms
within the animated group, as well as the moral status between the animated and the most inanimated in non-human nature, and (2) the
exact moral status between human and non-human nature, if one does not hold the view that human beings have the same moral
standing as animals and plants (that is, human beings and non-human nature).
Thus, one might eventually conclude that, in general, morally appropriate conduct towards non-human nature should focus on paying
attention to the many details of the particular case and the consequences of ones actions. In sum, do no premeditated harm (for example,
do not torture animals for fun, restrain large-scale livestock farming), preserve nature wherever it is possible (by, for example, avoiding
water and air pollution and protecting tropical rainforests from clearing). As Hans Jonas famously put it, be responsible in your dealings
with non-human nature.
5. Theory in Bioethics
a. Introduction
Bioethics is an important inter-disciplinary and rapidly emerging field of applied ethics. The traditional but deficient view concerning
ethical reasoning and decision making in applied ethics is that one simply applies a particular ethical theory such as utilitarianism or
deontology in a given context such as business (business ethics), politics (political ethics), or issues related to human health (medical
ethics) in order to solve the moral problem in question. This top-down approach of ethical reasoning and decision making adheres to the
idea that ethics is quite similar to geometry, in that it presupposes a solid foundation from which principles and general rules can be
inferred and then applied to concrete cases independent of the details of the particular case. The locus of certitude, that is, the place of the
greatest certainty for principle ethicsapproaches using one master principleconcerns its foundation; the reasonableness of the ethical
decision is passed on from the foundation itself.
This picture is awry. In the twentieth century it was clearly shown that the traditional ethical theories had great difficulty in solving the
new contemporary problems such as nuclear power and its radioactive waste, issues related to the new biotechnologies (for example,
genetic enhancement, cloning), and so on. The consequences were, first, that the two main classical theories in principle ethics
deontology and utilitarianismwere modified in order to deal more properly and successfully with the new situation. For example,
Christine Korsgaard modified Kantianism and Richard Hare modified utilitarianism. Secondly, new approaches of ethical reasoning and
decision making were developed, such as Beauchamp and Childresss four-principle approach in bioethics and feminist bioethics.
Casuistry and virtue ethicsthe bottom-up approacheswere rediscovered and refined in order to examine complex bioethical issues.
The rise of applied ethics in general and the rise of bioethics in particular has been faced with an overwhelming variety of details and
complex circumstances with regard to the rapidly emerging ethical issues against the background of the fast development of new
technologies and the process of globalization, accompanied by an awakening of individual autonomy and the rejection of being
submissive to authority. Sound ethical approaches in applied ethics must at least fulfill two criteria: (1) They must be consistent and (2)
they must be applicable. These are the minimum conditions for any successful ethical theory in applied ethics.
In addition, one might raise the issue of reaching an agreement about what to do in practice against the background of competing moral
theories. There is a twofold response to this well-known problem. First, most cases (for example, clinical ethics consultations, commission
work, and so forth) reveal that there is a broad consensus among people concerning the results (practical level) but that theyquite
oftendiffer considerably in their justifications at the theoretical level. Secondly, it might well be the caseas some scholars such as Gert
and Beauchamp claimthat some people without adhering to moral relativismhave equally good reasons about what to do in practice but,
nonetheless, still differ about what and whyit should be done. Contrary to the first response, the second response is more alarming since
the idea that people could have equally good reasons for differing suggestions seems odd, at least at first sight. At second glance, however,
moral judgements might not only depend on pure reason alone but are influenced by different cultures, religions, and traditions that
would substantiate the claim of different outcomes and justifications. Whether one is, then, necessarily committed to a form of moral
relativism can be reasonably questioned since one can still make the convincing distinction between a hard core of moral norms that is
universally shared (for example, that one should not commit murder or lie and that one should help people in need) and other moral
norms which are non-universal by nature. If that is correct, then this would solve the issue of moral relativism.
The following brief depiction of (bio)ethical theories, including their main points of criticism, provides an overview of the approaches
(see also Dwell and Steigleder 2003: 41-210; Kuhse and Singer 2009: 65-125).
b. Deontological Approaches
Deontological approaches such as provided by Kant (1785) and Ross (1930) are commonly characterized by applying usually strict moral
rules or norms to concrete cases. Religious approaches, such as those of the Catholic Church, and non-religious deontological approaches,
such as Kantian-oriented theories, are prime examples of applying moral rules. For example, the (extreme) conservative position of the
Catholic Church justifies that one should not abort fetuses, under any circumstances, including in cases of rape (Noonan 1970) and
forbids the use of condoms. Furthermore, the Catholic Church regularly defends its strict religious position in end-of-life cases to prolong
human life as long as possible and not to practice euthanasia (or physician-assisted suicide) because human life is sacred and given as a
gift from God. In this respect, religious approaches are necessarily faced with the objection of speciesism, if they claim that it
is sufficient to be a member of the human species in order to be protected. Kantian-oriented approaches, instead, are not necessarily
faced with this objection becauseat least, in the original versionmoral status is assigned according to rationality and not according
to membership of the human species. Other Neo-Kantian deontological approaches, however, might emphasize human dignity and
hence run into serious troubles with regard to the objection of speciesism as well. In other words, there is a fundamental disagreement
inherent in the notion of human dignityroughly, the idea that there is something special about human beingsand the ascription of
moral status to non-human nature such as animals and plants.
Kantian-oriented deontological approaches (or Kantianism) generally adhere to the basic Kantian ideas of respect for persons and human
dignity; both central ideas are rooted in the human beings capacity to act autonomously. Kantianism has been adopted in order to
provide a justification for strict truth telling in medical contexts, for example, in cases of terminal cancer, bedside rationing, and medical
experiments. This development can be seen as a counter-movement against previous malpractice. The former practice consisted in not
telling the truth to the patient in order either not to cause additional harm or not to undermine the goals of the medical experiments (for
example, the Tuskegee Syphilis Study). In the late 20 th century, this has changed by virtue of acknowledging the patients right to be told
the truth about his or her health condition. Likewise, regarding the patients involvement in research studiesincluding research with
placebosin order to enable the patient to make adequate autonomous decisions (that is, individual informed consent). The second
formula of Kants Categorical ImperativeAct in such a way that you treat humanity, whether in your own person or in the person of any
other, never merely as a means to an end, but always at the same time as an end (Kant 1785/1968)has been successfully used in
different medical contexts in order to avoid abuses. In particular, it is nowadays used to avoid abuses in research experiments on human
subjects. The sad examples of the Tuskegee Syphilis Study and the Human Radiation Experiments clearly show the dangers of researchers
acting in a highly dubious and immoral way (see, The Belmont Report 1979). Additionally, deontological approaches have been used in
the fields of animal ethics (Regan 1983, Korsgaard 1996, 2004, Wood 1998) and environmental ethics (Taylor 1986, Korsgaard 1996).
Altman (2011) offers a thorough examination of the strengths and weaknesses of Kants ethics concerning a vast range of important
bioethical issues in contemporary applied ethics.
Genuine religious approaches are problematic by virtue of their strong commitment to religious presuppositions such as the existence of
God as the ultimate source of morality or the absolute sacredness of the human life. In modernor rather secularsocieties, this line of
reasoning cannot be taken as a universal starting point to justify moral norms for religious and non-religious people alike in medical
contexts on issues such as abortion, euthanasia, the use of contraceptives, and genetic enhancement. Despite the prima
facie reasonableness of Kantian-oriented deontological approaches in cases concerning truth telling and in the context of medical
exploitation, they particularly suffer from using moral norms too general and abstract to be applied without difficulty or stiltedness to
concrete cases. The upshot is that deontological approaches are less effective at providing adequate guidance since their application is too
complex and possibly misleading (for a different view, see Altman 2011) or causes strong counter-intuitive intuitions in the case of
religious positions.
c. Utilitarianism
One of the most prominent and influential ways of ethical reasoning and decision making in the field of bioethics is based on
utilitarianism. In the late twentieth century, utilitarian approaches were so influential that many people outside academia believed
that all bioethicists were utilitarians. Utilitarianism, in fact, contains a wide range of different approaches, but one can distinguish four
important core elements that all utilitarian approaches have in common:
1.
2.
3.
4.
The consequence principle: The consequences of a given action are the measure of its moral quality.
The utility principle: The moral rightness and wrongness of actions are determined by the greatest possible utility for the
greatest possible number of all sentient beings.
The hedonistic principle: The consequences of a given action are evaluated with reference to a particular value. This particular
prime value can be as follows: (1) Promoting pleasure, or (2) avoiding pain, or (3) satisfaction of interests or considered preferences, or
(4) satisfaction of some objective criteria of well-being, and so forth.
The universal principle: Maximize the total utility for all sentient beings affected.
Utilitarian approaches in bioethics were spearheaded by Singer (1979) and Harris (1975) and carried on by, among others, Savulescu
(2001, 2002) and Schklenk (2010). Such approaches in bioethics are less concerned with public welfare than other vital aspects, such as:
(1) debunking the traditional religious views on the sacredness of human beings, the prohibition of abortion, infanticide, and euthanasia;
(2) stressing the importance of non-rational sentient animals (animal ethics) and the preservation of nature (environmental ethics)
against anthropocentric approaches such as Kantianism and religious approaches; (3) arguing against the use of human rights and
human dignity in bioethical discourses; (4) maximizing the patients well-being or best interests in medicine. In this context, utilitarians
claim that one should focus on the patient avoiding pain and suffering, and therefore one should, for example, allow terminally ill patients
to obtain physician-assisted suicide. Furthermore, the religious idea that human life is sacred and hence must be protected from the
moment of conception is rejected by utilitarians who believe that religious claims are unsubstantiated and incompatible with the
requirements of a modern, secular nation-state (for example, research on human embryos and genetic enhancement should be made
possible). In addition, abortion and infanticide in cases where the baby has a severe disability should be possible depending on the
circumstances of the particular case and by appealing to the idea of personhood (Singer 1979, Kuhse and Singer 1985, Giubilini and
Minerva 2012). According to Singer, one should not be allowed to kill a human being or sentient animal if one can detect in that being
rationality and self-consciousnessthe core elements of personhood according to Singer. To treat sentient animals withinterests
differently than human beings is speciesism which is comparable to sexism and racism and must be avoided. Moral judgements,
according to utilitarians, should always be impartial and universal. Singer (1975) additionally claims that human beings must consider the
equal interests of human beings and animals alike.
The general idea to always maximize the patients well-being according to a rather simplistic idea of calculating and comparing the
pleasures and pains of all affected persons seems questionable to many people since they do not think that the outcome of these
calculations necessarily leads to morally right or wrong actions. Furthermore, the claim that the killing of an innocent being in the case of
a fetus with a (severe) disability might be the best possible outcome in some situationsby adhering to the good life doctrineseems to
undermine some important values of living together (compassion, care, responsibility for the weak, justice). In addition, the idea that
minority groups such as people with (severe) disabilities and patients in a permanent vegetative state can be legitimately sacrificed in
some cases has led to a rather bad reputation for utilitarian approaches. Utilitarians are also at odds with approaches in bioethics that
appeal to human dignity and human rights. Two centuries ago, Bentham famously stated that natural rights (or human rights) are
nonsense upon stilts, a dictum most utilitarians still regard as reasonable.
Particular moralities, instead, contain non-universal moral norms which stem from different cultural, religious, and institutional sources.
These normsunlike the abstract and content-thin principles of the common moralityare concrete and rich in substance. Beauchamp
and Childress use the methods of specification and balancing to enrich the abstract and content-thin universal principles with empirical
data from the particular moralities. The method of specification is, according to Beauchamp,
a methodological tool that adds content to abstract principles, ridding them of their indeterminateness and providing action-guiding content for
the purpose of coping with complex cases. Many already specified norms will need further specification to handle new circumstances of
indeterminateness and conflict. (Beauchamp 2011: 301)
The method of balancing, instead, is important for reaching sound judgements in individual cases and it can be seen as the process of
finding reasons to support beliefs about which moral norms should prevail (Beauchamp and Childress 2009: 20). Since the particular
moralities are different, people sometimes specify and balance the principles differently, and hence principlists often claim that there
can be different and equally good solutions to moral problems (Gordon et al. 2011: 299).
Even though the four-principle approach certainly belongs to the most prevalent, authoritative, and widely used bioethical approaches,
this approach has not been unquestioned and has provoked serious objections. The three most important objections are: first, the lack of
ethical guidance because there is no master principle in cases of conflict among the principles (Gert et al. 1990); secondly, the problem of
bias concerning the universal principles in cross-cultural contexts (Takala 2001, Westra et al. 2009, Gordon 2011), and thirdly, the
objection that the four-principle approach is a mere checklist of considerations and so methodologically unsound (Gert et al. 1990).
e. Virtue Ethics
The revival of virtue ethics in moral philosophy in the last century was most notably spearheaded by Anscombe (1958), MacIntyre (1981),
Williams (1985), Nussbaum (1988, 1990), and more recently Hursthouse (1987, 1999), Slote (2001), Swanton (2003), and Oakley (2009).
This approach also deeply influenced the ethical reasoning and decision making in the field of bioethics, particularly in medical ethics (for
example, Foot 1977, Shelp 1985, Hursthouse 1991, Pellegrino 1995, Pellegrino and Thomasma 2003, McDougall 2007).
The general idea of virtue ethical approaches in bioethics is that one should act in accordance with what the virtuous agent would have
chosen. In more detail, an action is morally right if it is done by adhering to the ethical virtues in order to promote human flourishing and
well-being; the action is morally good if the person in question acts on the basis of the right motive as well as his or her action is based on
a firm and good character or disposition. That means an action that is morally right (for instance, to help the needy) but performed
according to the wrong motive (such as to gain honour and reputation) is not morally good. The right action and the right motive m ust
both come together in virtue ethics. For a detailed view of how contemporary virtue ethics focuses on action and the rightness of action
against the background of the general idea of living a good life, see in particular Hursthouse (1999: chapters 1-3), Swanton (2003: chapter
11), and Slote (2001: chapter 1).
Generally speaking, virtue ethical approaches put a lot of weight on the particular agent. For example, the virtuous physician in medical
ethics should not only be a well trained and conscientious professionalone who shows compassion towards his or her patients, is helpful
and honest, and keeps his or her promisesbut also should be strongly inclined to promote the patients well-being even at his or her own
expense (Pellegrino 1989). The virtuous agent in bioethics knows how to deal with complex cases, shows a greater sensitivity than
proponents of deontological and utilitarian approaches, and acts virtuously not only by complying with moral norms but also going the
extra mile to perform supererogatory actions. Virtue ethical approaches have been applied in medical ethics by, for example, Foot on
euthanasia (1977), Lebacqz on the virtuous patient (1985), Hursthouse on abortion (1991), Oakley and Cocking on professional roles
(2001), and Holland on virtue politics (2011). The role of virtue ethics in the field of environmental ethics has been examined by Frasz
(1993) and Hursthouse (2007), and in the field of animal ethics by Hursthouse (2011) and Merriam (2011).
It is a matter of debate (see for example, Kihlbom 2000, Holland 2011), whether the strengths of virtue ethical approaches are limited to
single cases (individual level) or whether they are also equally good candidates in cases of developing biomedical procedures for
regulatory policy (societal level). In addition, Jansen (2000), for example, argues that virtue ethical approaches face two serious
problems, which cannot be sufficiently resolved by adhering to virtue ethics. First is the problem of content: vague virtues are unable to
give proper guidance. Second is the problem of pluralism: competing conceptions of the good life complicate a sound solution. Virtues
only have a limited function; for example, in the context of medicine they should enable the physician to become a virtuous practitioner
abiding by the right motive. But, even in this case, Jansen claims that the right action should prevail over the right motive. Furthermore,
sometimes opponents such as Jansen (2000) claim that virtues are relative by nature and hence lack proper guidance in the context of
global bioethics (the problem of cultural relativity). However, Nussbaum (1988) argues persuasively, by appealing to Aristotle, that
ethical virtues are non-relative by nature and allow for variations.
f. Casuistry
The revival of casuistry as an inductive method of ethical reasoning and decision making in the second half of the twentieth century
coincides with a wide and persistent critique of principle-oriented approaches, most notably principlism, deontological ethics, and
utilitarianism in bioethics. Casuistry had its historical heyday in moral theology and ethics during the period from the fifteenth to the
seventeenth century in Europe. After a long time of no importance or influence in moral philosophy, it gained a significant importance in
bioethicsmostly in clinical ethicsafter the vital publications of Jonsen and Toulmin (1988), Strong (1988), and Brody (1988).
Casuists attack the traditional idea of simply applying universal moral rules and norms to complex cases in order to solve the problem in
questionthat is, a moral theory justifies a moral principle (or several principles) which in turn justifies a moral rule (or several rules)
which in turn justifies the moral judgement concerning a particular case. The circumstances make the case and are of utmost importance
in order to yield a good solution (see moral particularism).
Whether the casuists solution always leads to an open-and-shut case appears questionable and depends largely on the paradigm cases
and analogies that are used to determine and evaluate the case in question as well as the skills of the particular casuist (in finding proper
paradigm cases and analogies, and so on.). For example, Strong (1988) claims that it might be that a complex case lies right in between
two reference cases and hence one is unable to find a clear solution; in such a case different solutions might be equally justified. In
general, casuists argue that universal principles and rules are unable to solve complex cases in a sufficient way since the complexity of the
moral life is too great (for example, Toulmin 1982, Brody 1988). The general strategy in casuistry can be described as follows:
1.
2.
3.
Depiction of the case: A thorough depiction of the empirical and moral elements of the given case lays out the basic structure
and the decisive problems. Vital questions are: (a) What are the particulars of the case (who, what, where, when, how much)? (b) What
are the basic questions in the relevant area (in medical ethics: what are the medical indications, what are the patients preferences,
evaluating the quality of life, consider and respect the context of the treatment)?
Classification of the case: Once the given case is thoroughly depicted, one must classify the case by finding paradigm cases
and analogies by analogical reasoning. Paradigm cases and analogies function as the background against which the given case is
evaluated. They help to determine the important similarities and differences of the specifics of the case.
Moral judgement: Once the specific similarities and differences of the case are determined, the casuists evaluate the results by
adhering to common sense morality and the basic values of the community.
Case sensitivity and the (partial) integration of cultural and community bound values and expectations are, in general, advantageous in
ethical reasoning and decision making. But it seems equally true that this approach presents some difficulties as well. As critics such as
Arras (1991), Wildes (1993), and Tomlinson (1994) have argued, it is impossible to take a critical standpoint if one is deeply rooted in
ones own tradition, value system, and social community, since it can be the case that the social practices and convictions are simply
biased (Kopelman 1994) or unjust according to an external standpoint (Apartheid in South Africa, the caste system in India).
Furthermore, casuistry seems to presuppose a widespread agreement on basic values in the community and, therefore, is doomed to
failure in pluralistic cultures (Wildes 1993). Finally, casuistry may have difficulty providing solutions to rather general bioethical
regulatory policies since it is completely focused on cases. Whether a series of similar cases may warrant a particular regulatory practice
from a casuistical point of view is a matter of debate (see virtue ethics), but it seems fair to say that the very meaning of casuistry really
concerns cases and not general rules which can be adopted as binding regulations.
g. Feminist Bioethics
Feminist bioethics can only be fully appreciated if one understands the context in which this increasingly important approach evolved
during the late twentieth century (Tong 1993, Wolf 1996, Donchin and Purdy 1999, Rawlinson 2001). The social and political background
of feminist bioethics is feminism and feminist theory with its major social and political goal to end the oppression of women and to
empower them to become an equal gender. The apparent differences between men and women have often led cultures to treat them in
radically different ways, ways that often disadvantage women. Thus women have been allocated to social roles that leave them worse off
with respect to benefits enjoyed by men, such as freedom and power. Yet despite their differences in reproductive roles, women and men
share many morally relevant characteristics such as rationality and the capacity for suffering, and hence deserve fundamental equality.
In more detail, the most important task in the long struggle regarding the goals of feminism was to combine two distinct features that
were both vital in order to fight against traditional power relations. That is, the idea that men and women are equal and different at the
same time. They are equal by virtue of gender equality and different because the proponents stress a particular feminist perspective. The
combination of both aspects is, in general, a difficult task for feminist ethics since, on the one hand, the proponents must avoid the
common trap of speaking in traditional dualistic ways of care versus justice, particularity versus universality, and emotion versus reason
and, on the other hand, they must carve out the specific differences of the feminist perspective (Haker 2003). Historically speaking,
feminist ethics developed in strong opposition to the traditional male-oriented approaches which genuinely appealed to universal moral
rights and principles, such as principlism, deontological approaches and utilitarianism (Gilligan 1982, Gudorf 1994, Lebacqz 1995).
Feminist ethics, instead, is construed differently by adhering to a context-sensitive and particularist ethics of care as well as by appealing
to core values such as responsibility, relational autonomy, care, compassion, freedom, and equality (Gilligan 1982, Noddings 1984, Jagger
1992). The ethics of care, however, is a necessary but not sufficient depiction of feminist ethics since the latter has, in general, become
more refined and sophisticated with its different branches (Tong 1989, Cole and Coultrap-McQuin 1992).
Feminist bioethics developed from the early 1970s on and was initially focused on medical ethics (Holmes and Purdy 1992, Warren 1992,
Tong 1997); proponents later extended the areas of interest to issues in the fields of animal and environmental ethics (Plumwood 1986,
Warren, 1987, Mies and Shiva 1995, Donovan 2008). Important topics in feminist bioethics are concerned with the correct understanding
of autonomy as relational autonomy (Sherwin 1992, 1998, Mackenzie and Stoljar 2000, Donchin 2001), a strong focus on care (Kittay
1999), the claim for an equal and just treatment of women in order to fight against discrimination within healthcare professions and
institutions on many different levels (Miles 1991, Tong 2002). In more detail, from a feminist perspective the following bioethical issues
are of great importance: abortion, reproductive medicine, justice and care, pre-implantation genetic diagnosis, sex selection, exploitation
and abuse of women, female genital circumcision, breast cancer, contraception and HIV, equal access to (and quality of) healthcare and
healthcare resources, global bioethics and cultural issues. The main line of reasoning is to make a well informed ethical decision which is
not gender biased and to appeal to important core values. Feminist bioethics is by nature particularistic and in this respect it is similar to
many virtue ethical approaches and casuistry.
Without any doubt, feminist bioethics initiated discussion of important topics, provided valuable insights, and caused a return to a more
meaningful way of ethical reasoning and decision making by, for example, not only adhering to universal moral norms. On the other
hand, it can be doubted whether feminist bioethicsall things consideredcan be seen as a well-equipped and full moral theory. It may
be that feminist bioethics complements the traditional ethical theories by adding an important and new perspective (that is, the feminist
standpoint) to the debate. Several vital methodological topics still need to be clarified in more detail and put into a broader moral
contextsuch as how to avoid the traditional dualistic way of speaking about things and at the same time stressing a particular feminist
standpoint; the problem of loyalty towards family and close friends and impartiality in ethics (universalism versus particularism); and
feminist bioethics and the global perspective. Developing feminist bioethics is on the agenda of many scholars working in the fields of
virtue ethics and casuistry. Thus, feminist bioethics comes in for the standard objections raised by the opponents of virtue ethics and
casuistry alike. Therefore, it must also defend itself against some of the above-mentioned objections that are not peculiar to feminist
bioethics. To sum up, feminist bioethics adds valuable insights to debates on various bioethical topics, but may not be a well-equipped full
moral theory yet.
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b. Further Reading
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Tong, R., Anderson, G. & Santos, A. (2001). Globalizing Feminist Bioethics. Crosscultural Perspectives. Boulder: Westview
Press.
Author Information
John-Stewart
Email: [email protected]
University
Vytautas Magnus University, Lithuania
Categories: Bioethics
Gordon
of
Cologne,
Germany