Suzanne Uniacke

The value of applied philosophy is often taken to consist in its contribution to our understanding of practical issues with which applied philosophy engages and in its contribution to their satisfactory resolution. This chapter examines the relationship between the nature of applied philosophy and its value. It regards the value of applied philosophy as dependent both on its philosophical quality and on its contribution to the understanding and (potential) resolution of practical issues with which it engages. These dual points of reference are difficult simultaneously to fulfill and arguably sometimes in tension with one another. The chapter takes issue with the idea that the value of applied philosophy consists, or ought to consist, in its direct impact on actual policy or practice.

This article provides a philosophical analysis of a putative right of the child to have their expressed views considered in matters that affect them. Article 12 of the United Nations Convention on the Rights of the Child 1989 is an influential and interesting statement of that right. The article shows that the child’s ‘right to a voice’ is complex. Its complexity lies in the problem of contrasting an adult’s normative power of choice with a child’s weighted views, in the various senses in which we might consider the child’s views, and in the questions of how to weight those views and how their weighting makes a practical difference in coming to a decision. In so doing we criticise other accounts that simply regard a child’s views as having consultative value. We also make better sense of how we might weight a child’s views. The philosophical issues addressed in the article carry implications for how we might understand Article 12 that are not satisfactorily identified and addressed in the voluminous literature on Article 12 within childhood studies. These issues also have implications for how we might understand the distinction between adults and children in respect of powers of personal choice. We conclude by emphasising the importance and value of the right that Article 12 seeks to formally identify.

This article provides a philosophical analysis of a putative right of the child to have their expressed views considered in matters that affect them. Article 12 of the United Nations Convention on the Rights of the Child 1989 is an influential and interesting statement of that right. The article shows that the child’s ‘right to a voice’ is complex. Its complexity lies in the problem of contrasting an adult’s normative power of choice with a child’s weighted views, in the various senses in which we might consider the child’s views, and in the questions of how to weight those views and how their weighting makes a practical difference in coming to a decision. In so doing we criticise other accounts that simply regard a child’s views as having consultative value. We also make better sense of how we might weight a child’s views. The philosophical issues addressed in the article carry implications for how we might understand Article 12 that are not satisfactorily identified and addressed in the voluminous literature on Article 12 within childhood studies. These issues also have implications for how we might understand the distinction between adults and children in respect of powers of personal choice. We conclude by emphasising the importance and value of the right that Article 12 seeks to formally identify.

What is family-centred care of a hospitalized child? A critical understanding of the concept of family-centred care is necessary if this widely preferred model is to be differentiated from other health care ideals and properly evaluated as appropriate to the care of hospitalized children. The article identifies distinguishable interpretations of family-centred care that can pull health professionals in different, sometimes conflicting directions. Some of these interpretations are not qualitatively different from robust interpretations of the ideals of parental participation, care-by-parent and partnership in care that are said to be the precursors of family-centred care. A prominent interpretation that regards the child and his or her family collectively as the ‘unit of care’ arguably arises from ambiguity and is significantly problematic as a model for the care of hospitalized children. Clinical practice driven by this interpretation can include courses of action that do not aim to do what will best promote a hospitalized child’s welfare, and such cases will not be unusual. More broadly, this interpretation raises challenging questions about the responsibilities and authority of health professionals in relation to the interests of hospitalized children and their families.

Just War theory specifies that recourse to war must be a last resort. This specification accords with a more general aim to limit the occurrence of war by articulating demanding conditions under which war can be morally legitimate. Although it has critics among contemporary Western philosophers, the condition of last resort is widely accepted as a basic element of Just War theory. It is not itself an issue of dispute between historical as opposed to contemporary Just War theorists, or between traditional as opposed to revisionist Just War theorists. The defensibility of “last resort” as a necessary condition of legitimate recourse to war will depend on how the condition is best interpreted and on its moral rationale.

This paper asks how we should conceptualize the relationship between responsibility and obligation. Its central concern is the relevance of considerations of obligation to the attribution of responsibility for what we do or bring about. The paper approaches this issue through an examination of Kant's complex, challenging and instructive theory of responsibility, in which strict obligation plays a pivotal role in attributions of responsibility for the outcomes of our actions. Even if we do not accept Kant's strongly juridical concept of responsibility, his theory provides insight into the way in which we should see the connection between responsibility and obligation.

The Just War principle of jus ad bellum explicitly requires a reasonable prospect of success; the prevailing view about personal self-defence is that it can be justified even if the prospect of success is low. This chapter defends the existence of this distinction and goes on to explore the normative basis of this difference between defensive war and self-defence and its implications. In particular, the chapter highlights the rationale of the ‘success condition’ within Just War thinking and argues that this condition is grounded in assumptions about the nature of political authority and responsibility that do not apply to personal self-defence. This important difference is commonly ignored or side-lined by contemporary theorists who regard the principles of these two types of conflict as very closely aligned and the moral differences between them as matters of degree only.

This article explores the connection between terrorism and the ethics of war, specifically the relevance of the moral wrongfulness of terrorism in elucidating one important aspect of the ethics of war. It begins with an overview of terrorism’s central features and the ethical issues associated with terrorism. It then discusses two considerations. First, terrorism can occur within civil society as well as in contexts of armed combat or war. Second, terrorist tactics are answerable to principles that govern ethically acceptable conduct of war, not the other way around. The chapter also tackles the question of whether the jus in bello principle of discrimination that prohibits targeting innocent people ought to represent an absolute prohibition, as opposed to a very stringent constraint. It argues that an analysis of the structure of terrorism and its distinctive wrongfulness can be helpful in morally interpreting the jus in bello principle of discrimination.

The value of applied philosophy is often taken to consist in its contribution to our understanding of practical issues with which applied philosophy engages and in its contribution to their satisfactory resolution. This chapter examines the relationship between the nature of applied philosophy and its value. It regards the value of applied philosophy as dependent both on its philosophical quality and on its contribution to the understanding and (potential) resolution of practical issues with which it engages. These dual points of reference are difficult simultaneously to fulfill and arguably sometimes in tension with one another. The chapter takes issue with the idea that the value of applied philosophy consists, or ought to consist, in its direct impact on actual policy or practice.

The House of Lords ruled in R v Howe (1987) that Duress is not a defence to murder in English law. Some of the central arguments rested on a simple view about the nature of duress and the way in which duress is relevant in moral evaluation. This paper discusses legal and non-legal senses of duress, and argues that duress can be relevant to moral evaluation in a number of different ways. Some acts under duress are morally justified (here the defence of Duress is like that of Necessity) and some others are excusable; some excuses deny full responsibility on the part of the agent (here Duress is more like Provocation) and others do not. The judicial description of duress in Howe is too specific to notice this, with the consequence that some of the central claims made in dismissing Duress as a defence to murder are confused.

This article discusses the nature of euthanasia, and the way in which redevelopment of the concept of euthanasia in some influential recent philosophical writing has led to morally less discriminating killing/letting die/not saving being misdescribed as euthanasia. Peter Singer's defence of non-voluntary ‘euthanasia’of defective infants in his influential book Practical Ethics is critically evaluated. We argue that Singer's pseudo-euthanasia arguments in Practical Ethics are unsatisfactory as approaches to determining the legitimacy of killing, and that these arguments present a total utilitarian improvement policy—not a case for non-voluntary euthanasia.

Do individuals have a positive right of self-defence? And if so, what are the limits of this right? Under what conditions does this use of force extend to the defence of others? These are some of the issues explored by Dr Uniacke in this comprehensive 1994 philosophical discussion of the principles relevant to self-defence as a moral and legal justification of homicide. She establishes a unitary right of self-defence and the defence of others, one which grounds the permissibility of the use of necessary and proportionate defensive force against culpable and non-culpable, active and passive, unjust threats. Particular topics discussed include: the nature of moral and legal justification and excuse; natural law justifications of homicide in self-defence; the Principle of Double Effect and the claim that homicide in self-defence is justified as unintended killing; and the question of self-preferential killing. This is a lucid and sophisticated account of the complex notion of justification, revolving around a critical discussion of trends in the law of self-defence.