Thomas Søbirk Petersen

Two practical measures that have been introduced in an effort to stop sports parents from behaving badly will be critically discussed. The first measure is known under the slogan quiet weekends'. These prohibit parents from attending games in which their child is participating. Although this strategy calls attention to an important issue, it is unfair. The second, and far more elaborate, measure is to have a set of ethical guidelines informing parents how they should behave towards their child and others in the context of sport. Two central values tend to run through these guidelines: namely parental concern for the child's autonomy and parental concern for the child's well-being. These values are discussed as I apply them to cases in what can be called a grey area, where it is not obvious what is morally right or wrong. In the concluding discussion a tentative checklist will be presented which good sports parents can use when they are confronted with ethical issues.

The paper critically discusses the moral view that neurotechnological behavioural treatment for criminal offenders should only be offered if it is in their best interests. First, I show that it is difficult to apply and assess the notion of the offender's best interests unless one has a clear idea of what ‘best interests’ means. Second, I argue that if one accepts that harmful punishment of offenders has a place in the criminal justice system, it seems inconsistent not to accept the practice of offering offenders treatment even when the state will harm them in applying the treatment. Finally, leading penal theories like consequentialists and retributivists would not accept that the offender's best interests, at least in certain situations, impose a necessary condition for the treatment of an offender.

In this article several justifications of what I call ‘the claim from adoption’ are examined. The claim from adoption is that, instead of expending resources on bringing new children into the world using reproductive technology and then caring for these children, we ought to devote these resources to the adoption and care of existing destitute children.Arguments trading on the idea that resources should be directed to adoption instead of assisted reproduction because already existing people can benefit from such a use of resources whereas we cannot benefit individuals by bringing them into existence are rejected. It is then argued that a utilitarian argument proposed by Christian Munthe that supports the claim from adoption in some situations should be rejected because the support it offers does not extend to certain situations in which it seems morally obvious that resources should be expended on adoption rather than assisted reproduction. A version of the Priority View improves upon Munthe’s utilitarianism by supporting the claim from adoption in the cases in which Munthe’s argument failed. Some allegedly counterintuitive implications of the Priority View are then discussed, and it is concluded that the Priority View is more plausible than utilitarianism.n a concluding section on policy issues it is argued that, even though the claim from adoption can be justified in a variety of situations, it does not follow that, in these situations, governments should direct resources away from assisted reproduction and towards adoption.

Next SectionFive arguments are presented in favour of the proposal that people who opt in as organ donors should receive a tax break. These arguments appeal to welfare, autonomy, fairness, distributive justice and self-ownership, respectively. Eight worries about the proposal are considered in this paper. These objections focus upon no-effect and counter-productiveness, the Titmuss concern about social meaning, exploitation of the poor, commodification, inequality and unequal status, the notion that there are better alternatives, unacceptable expense, and concerns about the veto of relatives. The paper argues that none of the objections to the proposal is very telling

In this article several justifications of what I call ‘the claim from adoption’ are examined. The claim from adoption is that, instead of expending resources on bringing new children into the world using reproductive technology and then caring for these children, we ought to devote these resources to the adoption and care of existing destitute children. Arguments trading on the idea that resources should be directed to adoption instead of assisted reproduction because already existing people can benefit from such a use of resources whereas we cannot benefit individuals by bringing them into existence are rejected. It is then argued that a utilitarian argument proposed by Christian Munthe that supports the claim from adoption in some situations should be rejected because the support it offers does not extend to certain situations in which it seems morally obvious that resources should be expended on adoption rather than assisted reproduction. A version of the Priority View improves upon Munthe’s utilitarianism by supporting the claim from adoption in the cases in which Munthe’s argument failed. Some allegedly counterintuitive implications of the Priority View are then discussed, and it is concluded that the Priority View is more plausible than utilitarianism. n a concluding section on policy issues it is argued that, even though the claim from adoption can be justified in a variety of situations, it does not follow that, in these situations, governments should direct resources away from assisted reproduction and towards adoption.

The aim of this paper is to critically discuss the plausibility of legal moralism with an emphasis on some central and recent versions. First, this paper puts forward and defends the thesis that recently developed varieties of legal moralism promoted by Robert P. George, John Kekes and Michael Moore are more plausible than Lord Devlin's traditional account. The main argument for this thesis is that in its more modern versions legal moralism is immune to some of the forceful challenges made to Devlin by Hart, Dworkin and Feinberg among others. Second, however, the paper challenges the new generation of legal moralists and suggests some areas for further development. Although Devlin's position has been scrutinized thoroughly in the literature on the philosophy of law, there has, to my knowledge, been no comparable, systematic critique of these different proponents of legal moralism.

A national opt-out system of post-mortem donation of scarce organs is preferable to an opt-in system. Unfortunately, the former system is not always feasible, and so in a recent JME article we canvassed the possibility of offering people a tax break for opting-in as a way of increasing the number of organs available for donation under an opt-in regime. Muireann Quigley and James Stacey Taylor criticize our proposal. Roughly, Quigley argues that our proposal is costly and, hence, is unlikely to be implemented, while Taylor contests our response to a Titmuss-style objection to our scheme. In response to Quigley, we note that our proposal’s main attraction lies in gains not reflected in the figures presented by Quigley and that the mere fact that it is costly does not imply that it is unfeasible. In response to Taylor, we offer some textual evidence in support of our interpretation of Taylor and responds to his favoured interpretation of the Titmuss-style objection that many people seem to want to donate to charities even if they can deduct their donations from their income tax. Finally, we show why our views do not commit us to endorsing a free organ-market

The aim of this paper is to present and evaluate a specific critical discussion of Peter Singer's view on philanthropy. This critique of Singer's position takes several forms, and here we focus on only two of these. First of all, it is claimed that philanthropy (based upon the giving up of luxury goods) should be avoided, because it harms the poor. As we shall see this is a view defended by Andrew Kuper. However, philanthropy is also accused of harming the poor by being sub-optimal and standing in the way of the more effective and lasting poverty relief brought about by changes in the political and economic system. This second complaint is defended by, among others, Paul Gomberg, Anthony Langlois and David Schweickart, as well as Kuper. To our knowledge, little systematic work has been done on the presentation and evaluation of theses objections to philanthropy. In what follows, the objections are dealt with in connection with private donations made by individuals, as this is the focus, and target, of the philosophers/scientists we wish to discuss

In an effort to construct a plausible theory of experience-based welfare, Wayne Sumner imposes two requirements on the relevant kind of experience: the information requirement and the autonomy requirement. I argue that both requirements are problematic.First, I argue (very briefly) that a well-know case like ‘the deceived businessman’ need not support the information requirement as Sumner believes. Second, I introduce a case designed to cast further doubt on the information requirement. Third, I attend to a shortcoming in Sumner’s theory of welfare, namely that it is unclear which of later and informed assessments are to be treated as authoritative when it comes to the evaluation of a person’s welfare. Finally, I suggest that, in combination with ‘welfarism’ (to which Sumner subscribes, and which has it that welfare is all that matters from a moral viewpoint), the information requirement entail morally troublesome conclusions: e.g. the conclusion that, from a moral point of view, we should, other things being equal, only to be concerned with the alternative that makes one person slightly better off in respect of welfare instead of also being morally concerned with the alternative that makes one person very happy.

This paper critically discusses an argument that is sometimes pressed into service in the ethical debate about the use of assisted reproduction. The argument runs roughly as follows: we should prevent women from using assisted reproduction techniques, because women who want to use the technology have been socially coerced into desiring children - and indeed have thereby been harmed by the patriarchal society in which they live. I call this the argument from coercion. Having clarified this argument, I conclude that although it addresses important issues, it is highly problematic for the following reasons. First, if women are being coerced to desire to use AR, we should eradicate the coercive elements in pro-natalist ideology, not access to AR. Second, the argument seems to have the absurd implication that we should prevent all woman, whether fertile or not, to try to have children. Third, it seems probable that women's welfare will be greater if we let well informed and decision-competent women decide for themselves whether they want to use AR.

The paper critically discusses a role-model argument (RMA) in favour of banning performance-enhancing drugs in sport. The argument concludes that athletes should be banned from using performance-enhancing drugs because if they are allowed to use such drugs they will encourage, or cause, youngsters who look up to them to use drugs in a way that would be harmful. In Section 2 the structure of the argument and some versions of it are presented. In Section 3 a critical discussion of RMA is presented. It is argued that we should be reluctant to accept the argument as it stands for at least three reasons: (i) it rests on an unsupported empirical claim; (ii) it also makes a false empirical claim; and (iii) the normative premise of the argument is too demanding morally. Further objections to the RMA are also discussed, but argued to be beside the point

About 80 % of all convicted have had a prior record of conviction. But how should the state punish repeat offenders (with a prior conviction) as compared with first-time offenders who are convicted? The law in all jurisdictions, a large swathe of public opinion, and the general trend within criminal justice ethics all seem to accept what we may call: Asymmetry A The punishment of repeat offenders should be harsher than the punishment of first-time offenders. This asymmetry is obviously just a rough structure. It leaves a lot of room for interpretation. Several retributivists have argued for progressive loss of mitigation (PLM). On this view, a first-time offender receives a discount on punishment that is gradually lost if he re-offends. When the discount is lost the offender receives the full punishment, and re-offending from that point on will be punished equally. However, recently some retributivists have argued in favour of a cumulative principle (CP) according to which an offender will progressively be punished more severely the more convictions he has accumulated. In sum, in the theoretical literature on the subject, Asymmetry A has been the mantra for several prominent retributivists. The aim of this paper is to point to an all but overlooked logical point in the discussion of punishment and recidivism. This is the point that it follows, from retributivism, that there is a reason - at least in some situations, as we shall see - to support what we may call: Asymmetry B The punishment of repeat offenders should be more lenient than the punishment of first-time offenders.

The aim of this critical commentary is to distinguish and analytically discuss some important variations in which legal moralism is defined in the literature. As such, the aim is not to evaluate the most plausible version of legal moralism, but to find the most plausible definition of legal moralism. As a theory of criminalization, i.e. a theory that aims to justify the criminal law we should retain, legal moralism can be, and has been, defined as follows: the immorality of an act of type A is a sufficient reason for the criminalization of A, even if A does not cause someone to be harmed. In what follows, I critically examine some of the key definitions and proposals that have, unfortunately, not always been carefully distinguished. Finally, I propose a definition that seems to capture the essence of what many philosophers refer to when they talk about legal moralism, while also providing more clarity.

The aim of this paper is to criticise the well-discussed Principle of Procreative Beneficence (PB) lately refined by Julian Savulescu and Guy Kahane. First, it is argued that advocates of PB leave us with an implausible justification for the moral partiality towards the child (or children) reproducers decide to bring into existence as compared with all other individuals. This is implausible because the reasons given in favour of the partiality of PB, which are based on practical reason and common-sense morality, can just as well be used to guide reproducers to make choices that do not support partiality towards one’s possible children. This seems to be true as least in some situations. Secondly, it is argued that Jakob Elster’s recent critique of PB is problematic, and specifically that a counterexample designed by Elster to criticise PB because of its partiality towards one’s own children misses the target. Finally, a genuine counterexample to PB is developed in order to show that the partiality of PB means it gives the wrong answer in a specific case.

In this article several justifications of what I call ‘the claim from adoption’ are examined. The claim from adoption is that, instead of expending resources on bringing new children into the world using reproductive technology and then caring for these children, we ought to devote these resources to the adoption and care of existing destitute children. Arguments trading on the idea that resources should be directed to adoption instead of assisted reproduction because already existing people can benefit from such a use of resources whereas we cannot benefit individuals by bringing them into existence are rejected. It is then argued that a utilitarian argument proposed by Christian Munthe that supports the claim from adoption in some situations should be rejected because the support it offers does not extend to certain situations in which it seems morally obvious that resources should be expended on adoption rather than assisted reproduction. A version of the Priority View improves upon Munthe’s utilitarianism by supporting the claim from adoption in the cases in which Munthe’s argument failed. Some allegedly counterintuitive implications of the Priority View are then discussed, and it is concluded that the Priority View is more plausible than utilitarianism. n a concluding section on policy issues it is argued that, even though the claim from adoption can be justified in a variety of situations, it does not follow that, in these situations, governments should direct resources away from assisted reproduction and towards adoption.

Most of us want to have children. We want them to be healthy and have a good start in life. One way to achieve this goal is to use preimplantation genetic diagnosis . PGD enables people engaged in the process of in vitro fertilisation to acquire information about the genetic constitution of an early embryo. On the basis of this information, a decision can be made to transfer embryos without genetic defects to the uterus and terminate those with genetic defects.1However, is it morally acceptable to use PGD to reduce the probability of children with severe genetic diseases being born? Is the current routine use of PGD in public healthcare services to select against severe genetic diseases like anencephaly, spina bifida, cystic fibrosis and Down’s syndrome morally acceptable?These are complex questions involving a range of difficult ethical issues—for instance, critical discussions about the morality of embryo research and embryo termination.2 They also involve awkward conceptual issues concerning such matters as the meaning of words such as “disability”3 and “severe” in “severe genetic diseases”,4 which will not be discussed here.In this paper I examine an argument which aims to show that efforts to prevent the birth of severely disabled children using PGD are morally unacceptable. Essentially, this argument appeals to our concern for disabled people and the belief that PGD, through a slippery slope process, will have bad consequences for them. I conclude that the argument is problematic for a number of reasons. But before I examine the argument itself, it will be helpful to separate two types of slippery slope argument since these involve different kinds of reasoning.TWO TYPES OF ARGUMENTMany of the arguments against PGD point to the bad consequences it can be expected to have for disabled people. Central to all these …