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There is a coming crisis in the American criminal legal system involving the development of two policies in the United States – the expansive use of life-without-parole sentences (LWOP) and the expanding legalization of medical assistance in dying (MAID). While MAID remains a controversial practice, most arguments on the subject consider its use for terminally ill patients in hospital settings. But what about people in prison? In this book, criminologists James W. Marquart and Joshua S. Long trace the development of LWOP sentencing practices and their consequences alongside the global use of MAID for incarcerated populations. Examining individual cases, legal arguments, sentencing data, and mortality data alongside the first national public opinion poll gauging support in the U.S. for MAID in prisons, the book starts a critical conversation on the correctional context of MAID in US prisons.
This chapter explains the principle of equivalence in medical rights between prisoners and the free public and argues that MAID will be authorized for prisoners on the grounds that depriving them of this option is unconstitutional.
Providing care in the perinatal period brings medical practice to the essence of what it means to be human: fertility, birth, death, dignity, personhood, parenthood, and beyond. Such a shifting technological and moral landscape necessitates practitioners to develop an adaptable ethical framework to address complex, emotionally charged, value-laden decisions. As the border of viability is pushed earlier in gestational life and we improve treatment of conditions that were once considered untreatable, areas for ethical inquiry and potential moral distress grow. Our ethical examinations of such advances often lag, evolving as the shortcomings of those leaps become apparent. Projected neurologic function often lies at the heart of ethical questions that emerge in the neonatal period. Despite rigorous efforts in research, reliable, evidence-based guidance is lacking. We must investigate many elements of the decision-making process concerning medical practitioners, families, and the courts. We must balance the rights of the patient and surrogate decision-makers, the duties of the physician and care team, legal precedent, and questions revolving around quality and quantity of life. Recent controversies highlight the challenge of communicating with desperate parents, the delicate balance involved in respecting family preferences today, and research that yields valuable evidence for superior care tomorrow.
Due to its rapid expansion, translational research has become a strategic priority in biomedical studies, while simultaneously introducing complex ethical and integrity-related challenges that extend beyond traditional bioethical frameworks. These challenges, particularly salient in emerging research contexts, such as Colombia, underscore the need to strengthen research ethics and scientific integrity to ensure responsible and socially accountable scientific practice. This study aims to analyze the conditions and potential needs related to research ethics and scientific integrity in the implementation of translational research in Colombia.
Methods:
This qualitative study used focus groups with research teams recruited via a nationwide call and applied thematic analysis to interpret participants’ experiences.
Results:
The analysis resulted in three main themes: regulatory frameworks for research ethics and scientific integrity, ethics-related needs and practices, and scientific integrity needs and practices. These themes gave rise to ten analytic codes, highlighting key issues, such as risk management, informed consent, and incidental findings in the context of translational research.
Conclusions:
The normative analysis identified key gaps that constrain the ethical implementation of translational research, including difficulties in understanding ethics beyond a strictly legal domain, a lack of clarity regarding scientists’ ethical responsibilities, and the reduction of ethical reflection to a discrete evaluative stage within research projects. These findings support the need for recommendations and targeted action, particularly ethics education focused on deliberation and the meaningful use of ethical concepts.
Wilder Penfield (1891–1976), founder of the Montreal Neurological Institute and pioneer of the Montreal Procedure, made landmark contributions to neurology and neurosurgery. However, his concurrent advancement of the ethical framework governing awake craniotomy is less examined. In an era when medical paternalism remained common, Penfield and his colleagues upheld patient-centered care, multidisciplinary collaboration, procedural standardization and rigorous boundaries between clinical practice and research. Through primary sources, including publications, case records, correspondences and biological accounts, this historical review traces how Penfield’s ethical commitments shaped the modern practice of awake craniotomy and established an enduring legacy relevant to contemporary neurosurgery.
The use of restraint in hospital settings is divisive, and internationally there are calls for its elimination. However, this is at odds with the experience of many hospital staff, who consider restraint, at times, a “necessary evil”. In this paper, we explore the definition of restraint and potential ethical justifications for its use. We argue that the current ethical literature employs two definitions of restraint — outcome-oriented and intent-oriented — neither of which successfully captures all ethically relevant features of the practice. We propose a new conceptualization of restraint which centers on the number of individuals impacted by an act of patient restraint — a continuum between therapeutic restraint and public-safety restraint. Understood in this way, neither the principlist nor human rights frameworks that dominate the current literature are appropriate for assessing the ethical legitimacy of restraint. We suggest that, given the similarities between restraint and public health interventions, the use of public health ethics principles to consider the ethical justifiability of restraint in hospitals is a potentially productive way forward in this controversial area.
Legal and ethical frameworks remain dominated by a broadly binary conception of moral status as the primary organising idea: entities are typically treated either as persons, with extensive rights, or as things, with at best limited protections. While many jurisdictions now recognise animal welfare and anti-cruelty duties, these measures generally stop short of acknowledging independent full moral status. This landscape is ill-suited to the diversity of entities whose capacities challenge existing categories, from nonhuman animals to unprecedented beings. This article proposes a pragmatic spectrum of moral status, conceptualised as a continuous gradient on which entities can be located according to their morally relevant capacities. Grounded in a triangulation of established ethical theories, the framework is structured by three anchor thresholds—sentience, consciousness, and sapience—allowing graduated protections to “kick in” at different points. The spectrum is applied using a multimodal approach to measurement, demonstrating how it can guide governance where current law leaves a vacuum. By moving beyond the person/thing distinction with a capacity-based continuum, this approach offers a flexible, anticipatory tool for recognising and responding to the moral claims of diverse entities while avoiding both overreach and neglect.
Lane argues that Charles Peirce’s philosophy can contribute to contemporary debates about the metaphysical and moral status of prenatal humans. Some participants in those debates view an early embryo as numerically identical to, and as having the same moral status as, the adult to which it gives rise; bioethicists in this camp tend to maintain that our metaphysical and moral judgments about prenatal humans are capable of objective truth. Others argue from the continuity of prenatal development to the view that metaphysical judgments about when beings like us begin to exist and moral judgments about when beings like us attain moral status cannot be objective. Lane argues that Peirce provides the resources for developing alternative positions. Those resources are Peirce’s synechism, according to which continuity is of central importance in philosophy, his scholastic realism, according to which there are real kinds, his basic realism, according to which there is a world that is the way it is apart from how anyone represents it to be, and his pragmatic clarifications of the concepts of reality and truth.
Abstract: In this chapter, Taye explores Dewey’s pragmatist ethics in Human Nature and Conduct (1922) showing how it assists in addressing daunting challenges of healthcare allocation in sub-Saharan Africa. Given resource scarcity, economic dependency, and externally imposed policies in sub-Saharan nations, Dewey’s approach provides a context-sensitive, deliberative, and participatory model for decision-making. Traditional bioethical models, such as principlism, are often criticized for their Western-centric assumptions and rigid deductive logic. Pragmatism, by contrast, emphasizes empirical inquiry, interdisciplinarity, and social engagement. Dewey’s ethics reject fixed principles, favoring adaptive problem-solving that responds to local contexts. Sub-Saharan Africa’s healthcare systems struggle under colonial legacies and international interventions, with policies imposed top-down. Global allocation models, including cost-effectiveness metrics and donor-driven frameworks, often fail to align with local needs. A more suitable approach must incorporate community participation and indigenous health perspectives. Dewey’s alternative emphasizes public deliberation, ensuring stakeholder engagement at all levels. Education plays a foundational role in fostering collective problem-solving and rebuilding institutions. Rather than relying on externally imposed ethical frameworks, African healthcare systems must develop their own allocation models through participatory governance. Taye concludes that a Deweyan pragmatist approach offers a promising path toward ethical and effective healthcare distribution in the region.
Before examining how the regulation of bioethical matters impacts the equal right to live in the world for people with impairments, Chapter 1 elaborates on key concepts relevant for the book’s later chapters: disability, eugenics, ableism, and neoliberalism. It begins with a critical discussion of the medical and social models of disability, the two dominant approaches to understanding disability in disability studies. The chapter also highlights the troubled recent history of eugenics, the concept of ableism and the persistence of ableist policies and practices, as well as the importance and shortcomings of disability rights laws in furthering disability justice and equality.
The introductory chapter outlines the book’s central premise: disabled people have as much right to live in the world as the non-disabled. It introduces the human rights and critical disability studies methods used to interrogate the problem of disability discrimination throughout the life cycle, especially at the beginning and end of life. Along with providing an overview, the introductory chapter argues that the book is particularly needed because disability equal rights struggles remain marginal in mainstream bioethics and law.
The concluding chapter summarises the book’s central argument that laws, policies, and practices which privilege the birth and survival of the non-disabled fundamentally challenge the notion that people with impairments have an equal right to live in the world. It also discusses avenues for further research, before closing with some final remarks.
We describe our personal and professional struggles with an organizational ethics consultation involving thoracoabdominal normothermic regional perfusion (TA-NRP), an organ procurement technique used after circulatory death. We ultimately concluded that TA-NRP is ethically permissible (with caveats), yet we are haunted. Our advice was taken seriously, but was it the right advice? Our recommendations might have let us off the hook.
Just as court reporters are the “ears” of the courtroom, court artists are the “eyes” of the courtroom. The adage “a picture is worth a thousand words” shows the importance of the integrity of that image. Because the artist’s sketch can convey information pertaining to the health of a defendant/plaintiff/witness, misrepresentation by the artist must be avoided so as to foster honest journalism. From a bioethics perspective, courtroom art should align to the live, physical (visible) presentation, even if one or more elements of the physical presentation has been fabricated. Similarly, invisible illnesses and symptoms should not be added to courtroom sketches. The court artist has a duty of objectivity and clinical honesty in their artwork. This fosters justice and journalistic integrity.
“Moral distress” was introduced in nursing ethics to describe the experience of having the moral conviction about the right thing to do while having limited agency to enact it. It exists at the intersection of moral philosophy, moral psychology, and moral communities that influence our desires to act. Although moral distress has significantly impacted bioethics scholarship, it has had almost no presence in business ethics scholarship. We argue that moral distress is useful for understanding important problems of business ethics. We claim it may be missing from business ethics discourse not because it is not present but rather because it is ever-present, an existential condition brought on by the tension between profit maximization and other moral purposes. We consider how the moral communities of medicine and business can be morally supportive or distressing and set forth a taxonomy of moral conditions involving the relationship between knowledge, action, and desire.
Despite increasing global respect for disability rights since the 2008 entry into force of the UN Convention on the Rights of Persons with Disabilities (CRPD), the equal right to live in the world for disabled people continues to be undermined. This undermining stems from a range of factors, not least the selective prevention and termination of disabled lives, along with long-standing barriers to life-sustaining care, including restricted access to controlled substances and experimental treatment. Investigating the problem of disability discrimination at the margins of life and death, Tony Bogdanoski draws on a range of materials, including international human rights law, reports of UN treaty monitoring bodies and special rapporteurs, and laws largely from the US, UK, and Canada to explore how selective reproduction, assisted dying, and drug control impact struggles for disability equality. His insights are broad in consequence, spanning the fields of disability studies, human rights, law, and bioethics.
This chapter begins by returning to a key moment for conceptions of medical progress in the context of civil rights movements when a new awareness of the insufficiencies of medical progress as “merely” scientific knowledge gains led to a sustained interest in knowledge that was empowering for patients. Amid the growing numbers of people who challenged the focus on scientific progress, many turned to freedom as a new concept for grounding progress in medicine. At times, this went together with more holistic views of personhood and health and the desire to put self-determination at the heart of theories of progress. Other, related trends acknowledged the potential contradictions between freedom and progress head-on and argued that taking individual freedom seriously implied challenging traditional, scientific/technological forms of medical progress. The chapter concludes with a detailed examination of several recent instances, including personalized medicine, in which technological progress is presented as being highly compatible with individual empowerment and liberation.
Research ethics consultation services (RECS) provide important ethical guidance to various entities, including investigators and Institutional Review Boards. Established in the late 1980s and influenced by funding requirements from the National Center for Advancing Translational Science, RECS have evolved to address ethical challenges in research. This study aimed to identify key barriers and facilitators affecting the success of RECS, particularly in light of changes in funding and institutional support.
Materials and methods:
From a comprehensive list of 55 Clinical and Translational Science Award programs, 20 RECS were purposively sampled for in-depth interviews. Interviews focused on primary functions, accomplishments, barriers, and facilitators of the service. We performed an abductive analysis on transcribed data.
Results:
Twenty-two research ethics consultants from 20 institutions participated. Respondents emphasized their services’ goal of facilitating ethical research, though many faced barriers such as underutilization and lack of awareness among researchers. Facilitators included institutional support and funding. Support often was contingent on institutional leadership facilitating the service into the university’s research enterprise. Participants reported accomplishments, including successful consultations and contributions to institutional policies.
Discussion:
Our findings indicate that RECS play a crucial role in supporting ethical research practices, though their effectiveness is often contingent on institutional relationships and funding. Key recommendations include tracking consults, defining consultation outcomes, and fostering the development of new consultants to sustain the field of research ethics.
The role of conscience in healthcare decision-making is explored in this important intervention in the fields of Health Law and Ethics, Medicine, Nursing and Philosophy. It takes a broad approach to conscience, looking beyond the standard examples of conscientious objection to argue that conscience permeates healthcare decisions. However, it also shows that not all decisions of conscience are worthy of legal or societal protection and that these are interests to be weighed rather than rights. Instead, conscience should be protected only when the individual exercising conscience abides by specific responsibilities. Additionally, the book explores the important issues of complicity with healthcare decisions and institutional or organisational conscience and argues they play an oversized role in general discussions of conscience. It further claims that we ought to pay much more attention to conscientious provision. The book concludes by looking at ways to more effectively regulate claims of conscience.