Don Postema

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning.

Respect for persons is invoked in a variety of contexts to express a widely held moral conviction regarding the right and wrong ways of treating persons. Many contemporary discussions in bioethics rely on this principle, though its meaning remains vague. The purpose of this dissertation is to articulate the meaning of respect for persons, develop its bearing on personal and social ethics, and suggest ways in which it applies to issues in bioethics. ;Initially, I distinguish respect for persons from two related notions, human dignity and the sanctity of life, arguing that only respect for persons will ground a coherent moral perspective. In Chapter 2, I provide an explication of the concept of moral personhood, delineate four criteria for this concept, and argue that its application in moral contexts is similar to the application of a concept like "being an artwork." The third chapter consists of an analysis of the meanings of respect and lays out criteria for respecting persons as persons. ;If individuals are committed to respect for persons, their actions will conform to duties and values expressive of that respect. In Chapter 4, I delineate these duties and values, and distinguish the different forms of self-respect ingredient in the process of developing moral autonomy. By identifying the social conditions which either nurture or diminish the development of moral autonomy, I argue in Chapter 5 that a respect for persons ethic will critique social practices and institutions in the light of their effects on the development of self-respect, moral autonomy and mutual respect. ;Finally, in the last chapter, I identify the unique features of a respect for persons ethic by comparing it with utilitarianism. I claim that respect for persons, while most similar to a Kantian ethic in its emphasis on certain agent-centered restrictions, does include a theory of value by which the consequences of actions and practices are to be evaluated

The American Society for Bioethics and Humanities is now proposing a process whereby the role and authority of clinical ethics consultants can be legitimated. Without regulation and oversight, the field lacks validity and accountability. ASBH has sought to remedy the lack of uniform standards and accreditation by publishing Core Competencies in Health Care Ethics Consultation and an education guide, and now by proposing a “quality attestation process,” situated between national certification processes and local credentialing practices, to “attest to the skills and ability of properly trained and competent clinical ethicists.” If the process is successful, a cadre of certified clinical ethics consultants will emerge. Before the dawn of this new era, it is worth pausing to consider the adequacy of the quality attestation process itself and how it will affect the current world of clinical ethics consultants. Ethics consultations are often done by a multidisciplinary team, and the consult note is a compilation or synthesis of the work of the team. If the evidence required to attest to one's quality as an ethics consultant is to bear on one's ability to work with a team and present an integrated consult note, then these notes are relevant. If, however, the evidence is to bear on the quality of one's own work, then the evidence is inconclusive at best, fraudulent at worst. The quality attestation process seems to be predicated on the individual ethics consultant model, which may not jibe with the realities of ethics consultation. There may be more than one way to demonstrate one's competence, and there may be more than one competency to demonstrate.