• Dieser Beitrag beleuchtet die gängige Abgrenzung zwischen ‚deontologischen‘ und ‚konse-quentialistischen‘ Ethiken und somit eine Unterscheidung, die auch im Recht immer wieder eine Rolle spielt. Deontologische Positionen besagen dieser Unterscheidung zufolge, dass bestimmte Handlungen an und für sich – also unabhängig von ihren Konsequenzen – richtig oder falsch seien. Bei konsequentialistischen Positionen ist es demnach umgekehrt, sie begründen die ethi-sche Beurteilung von Handlungsoptionen an…Read more
  •  26
    Sidgwicks ‚Beweis‘ des Utilitarismus
    In Vuko Andrić & Bernward Gesang (eds.), Handbuch Utilitarismus, Springer Berlin Heidelberg. pp. 369-377. 2025.
    Henry Sidgwicks Methoden der Ethik beinhalten die mit Abstand ausführlichste Verteidigung eines klassischen Utilitarismus. Sidgwick untersucht in diesem 500-seitigen Werk insbesondere drei Theoriengruppen: (i) intuitionistische Theorien, (ii) den Egoismus und (iii) den Utilitarismus. Im Rahmen seiner Verteidigung des Utilitarismus versucht er zu zeigen, dass einige wenige Prinzipien aus der Gruppe der intuitionistischen Ethiken seinen berühmten Test für offenkundig wahre Axiome bestehen. Zwei di…Read more
  •  559
    Weyma Lübbe is one of the most resolute contemporary critics of interpersonal welfare aggregation, as it lies at the heart of most consequentialist ethical theories. Her latest book is a rich extension of her numerous articles on this matter. The main object of criticism is the often-presumed moral relevance of welfare efficiency, for instance in rescue conflicts as they occur in health care systems with limited resources. The central philosophical starting point of her discussion is the ‘number…Read more
  •  320
    Scientific findings nowadays often rely on statistical analyses, are expressed in terms of probabilities, and are frequently developed based on model calculations. These circumstances contribute to a disconnect between scientific predictions and people's everyday risk assessments. Situations such as the COVID-19 pandemic, climate issues, or the downsides of global trade are particularly affected by this phenomenon. In these areas especially, the growth of knowledge implies new and far-reaching e…Read more
  •  271
    Quite early in the Covid-19 pandemic, a recommendation was issued in Germany to address potential scarcity scenarios in hospital intensive care units. At its core, the recommendation from Germany’s medical professional societies stated that, in the event of overcrowded ICUs, physicians should base the selection of patients who could still be admitted on the likelihood of success for each individual in need (DIVI 2021). The purpose of focusing on the likelihood of success is to use the available …Read more
  •  303
    Population Growth and Demographic Change / Bevölkerungswachstum und demographischer Wandel
    with Alena Buyx
    In Dieter Sturma & Bert Heinrichs (eds.), Handbuch Bioethik, Verlag J.b. Metzler. pp. 209-213. 2015.
    Population growth and demographic change are two distinct but interconnected phenomena of population development. Population growth refers to the quantitative change of a population over time and is usually expressed as a growth rate in percentage terms relative to the respective population. A population growth rate greater than 0 indicates that the population is increasing, while negative population growth signifies a numerical decline. Demographic change encompasses shifts in birth and death r…Read more
  •  490
    In this contribution, I investigate the way in which our understanding of a dementia patient’s self holds relevance to issues of punishment and respon- sibility. This topic is motivated by the fact that some countries with particularly large prison populations—such as the United States—are starting to build special- ized prison tracts for inmates with dementia. In other countries that do not have such specialized facilities, authorities are trying to find the least badly-equipped facility for su…Read more
  •  51
    This book addresses the medical-ethical dilemma of distributive justice. The focus is on situations where patients compete for limited resources and not everyone can be helped, as was recently observed in connection with the coronavirus. Such conflicts of assistance are characterized by a fundamental tension between the principles of fairness and efficiency. Dufner demonstrates how these opposing principles can be balanced and what such a position means for medicine, for example, in the allocati…Read more
  •  62
    Better off without Parents? Legal and Ethical Questions concerning Refugee Children in Germany
    with Lars Hillmann
    Journal of Ethnic and Migration Studies 45 (2): 1-18. 2017.
    Refugee migration to Europe reached peak levels in 2015. During this time, more than 260,000 children applied for asylum in Germany; over 40,000 of whom arrived without parents or other legal guardians. This article takes a broadly descriptive legal approach to focus on the resulting legal and ethical problems in Germany, and to highlight a variety of ethically relevant issues within the legal system. In particular, refugee children below the legal age of 18, have special needs with regard to he…Read more
  •  418
    The most well-known goal of non-invasive prenatal testing (NIPT) is still to determine whether or not a fetus has trisomy 21. Since women often terminate the pregnancy upon a positive result, there is concern that the use of NIPT contributes to discrimination against persons with disabilities. If this concern is justified, it could have an impact on the wider social acceptability of existing testing practices and their potential further expansion. This paper demonstrates four different versions …Read more
  •  48
    The scarcity of donor organs for transplantation purposes is now a widely known fact. The number of people on transplant waiting lists regularly far exceeds the number of available organs. This situation has led to decades of recurring discussions about how this shortage could be addressed. The undersupply results in situations within the Eurotransplant network as well as on national levels where patients often wait for years, enduring significant losses in quality of life, or never receive an o…Read more
  •  81
    As we have all learned in recent years, a pandemic can produce shortages in intensive care units. In our jurisdiction, this has led to a ruling by the federal constitutional court, according to which the lawmaker has to provide better protection for persons with disabilities in the event of medical priority setting. From an ethical perspective, this task requires a choice among various competing accounts on what exactly it is that makes a case of discrimination morally problematic. In addition, …Read more
  •  451
    ZusammenfassungDieser Beitrag befasst sich mit der Befürchtung, dass eine Erweiterung der DNA-Analyse von Tatortspuren für Zwecke der Polizeiarbeit zu Diskriminierungen führen wird. Diese Erwartung bezieht sich insbesondere auf die Ermittlung der sogenannten biogeografischen Abstammung und der Hautschattierung. In dieser Untersuchung werden einige Stellen im Ermittlungsprozess, an denen auf Grundlage solcher Analysen Diskriminierungspotential auftreten könnte, zunächst gesammelt und dargelegt. I…Read more
  •  549
    A particularly significant criticism of utilitarian and consequentialist moral theories is that they are overly demanding. According to the epistemic variant of this critique, it is overly demanding to have to determine which of one's possible actions would promote the good in the best possible way. A particularly striking articulation of this concern was put forward by James Lenman, who argued that not only is it difficult to predict the consequences of actions, but it is often outright impossi…Read more
  •  574
    This paper addresses the so-called Taurek debate on whether or not to save the greater number of victims in rescue conflicts. In this controversy we take a consequentialist and aggregationist pro-numbers position and defend it against various objections. In particular, we consider it to be compatible with the principle of equal concern. Given that the pro-numbers position hinges to a significant extent on the acceptance of the person-neutral value of personal well-being, we offer a coherentist j…Read more
  •  73
    Sedation accompanying Treatment Refusals, or Refusals of Eating and Drinking, with a Wish to Die: An Ethical Statement
    with Bettina Schöne-Seifert, Dieter Birnbacher, and Oliver Rauprich
    Ethik in der Medizin 36 (1): 31-53. 2024.
    This paper addresses sedation at the end of life. The use of sedation is often seen as a last resort for patients whose death is imminent and whose symptoms cannot be treated in any other way. This paper asks how to assess constellations, where patients want to hasten their death by refusing (further) life-sustaining treatment, or by voluntarily stopping eating and drinking (VSED), and wish this to be accompanied by sedation. We argue that sedation is ethically and legally permissible not only a…Read more
  •  527
    The increasing number of dementia cases has led to renewed interest in philosophical theories of personal identity, because these patients seem to “drop out” of their own identities in some ways. Philosophical positions that try to account for the phenomenon of identity loss include numerical theories of identity which argue for a psychological or a biological continuity criterion, narrative theories of identity, as well as reflections about different forms of memory, some of which have had infl…Read more
  •  63
    Dieser Aufsatz beleuchtet schlaglichtartig einige der gängigsten Kritikpunkte an Mills Theorie des Guten und zeigt auf, wie genau Sidgwicks detaillierterer Ansatz diese Stolpersteine umgeht. Kritiker haben schon immer moniert, (i) Mills »Beweis des Utilitarismus« stelle einen naturalistischen Fehlschluss dar und (ii) Mills qualitativer Hedonismus sei inkonsistent. Sidgwick vermeidet diese Vorwürfe mittels der Einführung eines »idealen Elements« des Guten. Dieser Schachzug wirft darüber hinaus ei…Read more
  •  81
    Among the most surprising claims in The Methods of Ethics is Sidgwick’s assertion that his key ethical axioms are corroborated by Kant. This article analyses Sidgwick’s claim that his axioms of justice and benevolence closely correspond to particular features in Kant. I shall argue that his claim of agreement with Kant was a serious overstatement. In particular, the restrictions which Sidgwick places on his acceptance of Kant’s universal law formula of the categorical imperative (FUL) seem to ca…Read more
  •  482
    Many countries have adopted new triage recommendations for use in the event that intensive care beds become scarce during the COVID‐19 pandemic. In addition to establishing the exact criteria regarding whether treatment for a newly arriving patient shows a sufficient likelihood of success, it is also necessary to ask whether patients already undergoing treatment whose prospects are low should be moved into palliative care if new patients with better prospects arrive. This question has led to div…Read more
  •  782
    Michael Quante, Person
    Ethical Theory and Moral Practice 12 (5): 569-570. 2009.
    Michael Quante’s book Person offers a systematic and argumentative assessment of the question what a person is and accounts for the multiple aspects that play a role in our everyday understanding of the term. Quante is skeptical about the possibility of constructing a purely psychological account of the person and proposes to base the diachronic unity conditions of persons on the human organism. At the same time he acknowledges that psychological considerations, including the notion of a person’…Read more
  •  1546
    Potentiality Arguments and the Definition of “Human Organism”
    American Journal of Bioethics 13 (1): 33-34. 2013.
    Bettina Schöne-Seifert and Marco Stier present a host of detailed and intriguing arguments to the effect that potentiality arguments have to be viewed as outdated due to developments in stem cell research, in particular the possibility of re-setting the development potential of differentiated cells, such as skin cells. However, their argument leaves them without an explanation of the intuitive difference between skin cells and human beings, which seems to be based on the assumption that a skin c…Read more
  •  1449
    There is a widespread consensus that a commodification of body parts is to be prevented. Numerous policy papers by international organizations extend this view to the blood supply and recommend a system of uncompensated volunteers in this area—often, however, without making the arguments for this view explicit. This situation seems to indicate that a relevant source of justified worry or unease about the blood supply system has to do with the issue of commodification. As a result, the current he…Read more
  •  1736
    Should the Late Stage Demented be Punished for Past Crimes?
    Criminal Law and Philosophy 7 (1): 137-150. 2013.
    The paper investigates whether it is plausible to hold the late stage demented criminally responsible for past actions. The concern is based on the fact that policy makers in the United States and in Britain are starting to wonder what to do with prison inmates in the later stages of dementia who do not remember their crimes anymore. The problem has to be expected to become more urgent as the population ages and the number of dementia patients increases. This paper argues that the late-stage dem…Read more
  •  639
    This paper argues that Henry Sidgwick's theory of the good is a form of enlightened preference hedonism. In order to support this conclusion, the paper argues that the correct interpretation of his notorious passage about the 'ideal element' of the good should get tied to his views about weakness of the will. Sidgwick believes that reaching your own good requires overcoming weakness of the will. An applied section illustrates the practical significance of this finding. In cases in which shooting…Read more
  •  97
    A recent organ distribution scandal in Germany raises questions of general importance on which many thousands of lives may well depend. The scandal in Germany has produced reactions that are likely to occur whenever and wherever distribution irregularities occur and become public knowledge. After it had become known that physicians in three German hospitals were in the habit of manipulating records in order to fast-track their patients’ cases, the country experienced a decrease of available orga…Read more