Conscience and Conviction

Conscience and Conviction
Author: Kimberley Brownlee
Publisher: OUP Oxford
Total Pages: 280
Release: 2012-10-18
Genre: Law
ISBN: 0191645923

The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.

Public War, Private Conscience

Public War, Private Conscience
Author: Andrew Fiala
Publisher: A&C Black
Total Pages: 195
Release: 2010-07-01
Genre: Philosophy
ISBN: 1441182810

A philosophical exploration of such subjects as terrorism, just war and pacifism reflects on the moral demands that conflict makes on us, especially its role in the struggle of public happiness versus private morality. Original.

Conscience in Reproductive Health Care

Conscience in Reproductive Health Care
Author: Carolyn McLeod
Publisher:
Total Pages: 217
Release: 2020
Genre: Medical
ISBN: 0198732724

In Conscience in Reproductive Health Care, Carolyn McLeod responds to a growing worldwide trend of health care professionals conscientiously refusing to provide abortions and similar reproductive health services in countries where these services are legal and professionally accepted. She argues that conscientious objectors in health care should have to prioritize the interests of patients in receiving care over their own interest in acting on their conscience. McLeod defends this 'prioritizing approach' to conscientious objection over the more popular 'compromise approach' in bioethics--without downplaying the importance of health care professionals having a conscience or the moral complexity of their conscientious refusals. She begins with a description of what is at stake for the main parties to the conflicts generated by conscientious refusals in reproductive health care: the objector and the patient. Her central argument for the prioritizing approach is that health care professionals who are charged with gatekeeping access to services such as abortions are fiduciaries for their patients and for the public they are licensed to serve. As such, they have a duty of loyalty to these beneficiaries and must give primacy to their interests in gaining access to care. McLeod provides insights into ethical issues extending beyond the question of conscientious refusal, including the value of conscience and the fundamental moral nature of the relationships health care professionals have with current and prospective patients.

Practicing Medicine and Ethics

Practicing Medicine and Ethics
Author: Lauris Christopher Kaldjian
Publisher: Cambridge University Press
Total Pages: 295
Release: 2014-05-26
Genre: Medical
ISBN: 1107012163

This book explores medicine, ethics, and the challenge of moral diversity in health care. It explores how a health professional's moral beliefs and values influence the care he or she provides. It focuses on the need for a physician's wisdom, goals to guide patient care, and respect for conscience and integrity. The book culminates in a framework for practical wisdom in medicine that reflects the importance of integration (of an individual's beliefs, values, reasoning, actions, and identity), moral dialogue, humility, and professionals' obligations to patients, themselves, and society.

The Secular Conscience

The Secular Conscience
Author: Austin Dacey
Publisher:
Total Pages: 288
Release: 2008
Genre: Philosophy
ISBN:

From Washington to the Vatican to Tehran, religion is a public matter as never before, and secular values -- individual autonomy, pluralism, separation of religion and state, and freedom of conscience -- are attacked on all sides and defended by few. The godly claim a monopoly on the language of morality, while secular liberals stand accused of standing for nothing. Secular liberals did not lose their moral compass: they gave it away. For generations, too many have insisted that questions of conscience -- religion, ethics, and values -- are "private matters" that have no place in public debate. Ironically, this ideology hinders them from subjecting religion to due scrutiny when it encroaches on individual rights and from unabashedly advocating their own moral vision in politics for fear of "imposing" their beliefs on others. In his incisive new book, philosopher Austin Dacey calls for a bold rethinking of the nature of conscience and its role in public life. Inspired by an earlier liberal tradition that he traces to Spinoza and John Stuart Mill, Dacey urges liberals to lift their self-imposed gag order and defend a renewed secularism based on the objective moral value of conscience. Dacey compares conscience to the press in an open society: it is protected from coercion and control, not because it is private, but because it has a vital role in the public sphere. It is free, but not liberated from shared standards of truth and right. It must come before any and all faiths, for it is what tells us whether or not to believe. In this way, conscience supplies a shared vocabulary for meaningful dialogue in a diverse society, and an ethical lingua franca in which to address the world.

Conscience and Its Enemies

Conscience and Its Enemies
Author: Robert P. George
Publisher: Open Road Media
Total Pages: 418
Release: 2016-03-29
Genre: Political Science
ISBN: 150403645X

“Many in elite circles yield to the temptation to believe that anyone who disagrees with them is a bigot or a religious fundamentalist. Reason and science, they confidently believe, are on their side. With this book, I aim to expose the emptiness of that belief.” From the introduction: Assaults on religious liberty and traditional morality are growing fiercer. Here, at last, is the counterattack. Showcasing the talents that have made him one of America’s most acclaimed and influential thinkers, Robert P. George explodes the myth that the secular elite represents the voice of reason. In fact, George shows, it is on the elite side of the cultural divide where the prevailing views frequently are nothing but articles of faith. Conscience and Its Enemies reveals the bankruptcy of these too often smugly held orthodoxies while presenting powerfully reasoned arguments for classical virtues.

Making Men Moral

Making Men Moral
Author: Robert P. George
Publisher: Clarendon Press
Total Pages: 669
Release: 1993-08-19
Genre: Law
ISBN: 0191018732

Contemporary liberal thinkers commonly suppose that there is something in principle unjust about the legal prohibition of putatively victimless immoralities. Against the prevailing liberal view, Robert P. George defends the proposition that `moral laws' can play a legitimate, if subsidiary, role in preserving the `moral ecology' of the cultural environment in which people make the morally significant choices by which they form their characters and influence, for good or ill, the moral lives of others. George shows that a defence of morals legislation is fully compatible with a `pluralistic perfectionist' political theory of civil liberties and public morality.

Conscientious Objection in Health Care

Conscientious Objection in Health Care
Author: Mark R. Wicclair
Publisher: Cambridge University Press
Total Pages: 267
Release: 2011-05-26
Genre: Philosophy
ISBN: 1139500198

Historically associated with military service, conscientious objection has become a significant phenomenon in health care. Mark Wicclair offers a comprehensive ethical analysis of conscientious objection in three representative health care professions: medicine, nursing and pharmacy. He critically examines two extreme positions: the 'incompatibility thesis', that it is contrary to the professional obligations of practitioners to refuse provision of any service within the scope of their professional competence; and 'conscience absolutism', that they should be exempted from performing any action contrary to their conscience. He argues for a compromise approach that accommodates conscience-based refusals within the limits of specified ethical constraints. He also explores conscientious objection by students in each of the three professions, discusses conscience protection legislation and conscience-based refusals by pharmacies and hospitals, and analyzes several cases. His book is a valuable resource for scholars, professionals, trainees, students, and anyone interested in this increasingly important aspect of health care.

On Conscience

On Conscience
Author: Joseph Ratzinger
Publisher: Ignatius Press
Total Pages: 92
Release: 2010-11-09
Genre: Religion
ISBN: 1681493608

Prepared and co-published by the National Catholic Bioethics Center in Philadelphia, this book is a combination of two lengthy essays written by Cardinal Ratzinger and delivered in talks when he was head of the Congregation for the Doctrine of the Faith. Both talks deal with the importance of conscience and its exercise in particular circumstances. Ratzinger's reflections show that contemporary debates over the nature of conscience have deep historical and philosophical roots. He says that a person is bound to act in accord with his conscience, but he makes it clear that there must be reliable, proven sources for the judgment of conscience in moral issues, other than the subjective reflections of each individual. The always unique and profound insights that the new Pope Benedict XVI brings to perennial problems reminds the reader of his strong warning before the recent Papal conclave of the great dangers today of the "dictatorship of relativism."