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"Casuistry"
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The structure of analogical reasoning in bioethics
Casuistry, which involves analogical reasoning, is a popular methodological approach in bioethics. The method has its advantages and challenges, which are widely acknowledged. Meta-philosophical reflection on exactly how bioethical casuistry works and how the challenges can be addressed is limited. In this paper we propose a framework for structuring casuistry and analogical reasoning in bioethics. The framework is developed by incorporating theories and insights from the philosophy of science: Mary Hesse’s ideas on horizontal and vertical relations in analogical reasoning in the sciences, Paul Bartha’s articulation model of analogical reasoning and Daniel Steel’s insights on mechanism-based extrapolation in biomedical research. Adopting our framework results in two practical benefits: it sets methodological standards for analogical reasoning and enables us to compare and evaluate diverging lines of analogical reasoning in a systematic way. Adopting the framework also has theoretical benefits: it helps to understand how analogical reasoning can have moral normativity; it pinpoints exactly where moral principles or theories enter analogical reasoning; and it helps to understand why casuistry is an attractive method in bioethics and in applied ethics more generally.
Journal Article
Homicide and concealment of the corpse. Autopsy case series and review of the literature
IntroductionThe concealment of the body following a homicide undermines different moments of the forensic and medico-legal investigations. The aim of the present study is to provide an overview of the literature and the forensic casuistry of the Institute of Legal Medicine of Padova for analyzing and discussing diverse methodological approaches for the forensic pathologist dealing with covered-up homicides.Material and methodsA literature review, updated until September 2019, was performed, and a literature pool of forensic cases was built. In-house cases were included by conducting a retrospective analysis of the forensic caseworks of Padova of the last 20 years. Data regarding epidemiology, methodology of assessment, methods of concealment, and answers to medico-legal issues were extracted for both data sets.Results and discussionSeventy-eight papers were included in the literature review (78.2% being case reports or case series, 17% retrospective studies, and 6% experimental studies or reviews). Literature and in-house data sets consisted of 145 and 13 cases, respectively. Death scene investigation, radiology, toxicology, and additional analyses were performed in 20–54% of literature and 62–77% of in-house cases. Cover-up by multiple methods prevailed. Death was caused by head trauma in about 40% of cases (both data sets), strangulation in 21% of literature, and 7% of in-house cases, and was undetermined in 17% of literature and 7% of in-house cases.ConclusionsThe methodology of ascertainment should be case-specific and based on a multidisciplinary and multimodal evaluation of all data, including those gained through novel radiological and/or analytical techniques.
Journal Article
A Historical Approach to Casuistry
Casuistry, the practice of resolving moral problems by applying a logical framework, has had a much larger historical presence before and since it was given a name in the Renaissance. The contributors to this volume examine a series of case studies to explain how different cultures and religions, past and present, have wrestled with morality's exceptions and margins and the norms with which they break. For example, to what extent have the Islamic and Judaic traditions allowed smoking tobacco or gambling? How did the Spanish colonization of America generate formal justifications for what it claimed? Where were the lines of transgression around food, money-lending, and sex in Ancient Greece and Rome? How have different systems dealt with suicide? Casuistry lives at the heart of such questions, in the tension between norms and exceptions, between what seems forbidden but is not. A Historical Approach to Casuistry does not only examine this tension, but re-frames casuistry as a global phenomenon that has informed ethical and religious traditions for millennia, and that continues to influence our lives today
eBook
Principlism, Uncodifiability, and the Problem of Specification
In this paper I critically examine the implications of the uncodifiability thesis for principlism as a pluralistic and non-absolute generalist ethical theory. In this regard, I begin with a brief overview of W.D. Ross’s ethical theory and his focus on general but defeasible prima facie principles before turning to 2) the revival of principlism in contemporary bioethics through the influential work of Tom Beauchamp and James Childress; 3) the widespread adoption of specification as a response to the indeterminacy of abstract general principles and the limitations of balancing and deductive approaches; 4) the challenges raised to fully specified principlism by the uncodifiability thesis and 5) finally offer a defense of the uncodifiability thesis against various critiques that have been raised.
Journal Article
William Perkins’s (1558–1602) Case Divinity as a School of Christian Prudence
This article engages with the moral theology of William Perkins of Cambridge (1558–1602), with particular attention to his celebrated and influential case divinity. Perkins’s case divinity set the stage for a Protestant return to casuistical ethics, following the eschewal and neglect of such applied moral reflection in the initial phases of the Reformation. While his cases originally received a positive reception, more modern evaluations have been less approving. Perkins has been accused of attempting to curtail Christian liberty by forging codes of piety and morality that crowd out space for personal deliberation and judgment. This essay argues that such evaluations misapprehend Perkins’s casuistical enterprise, overlooking or obscuring its chief and ultimate aim, which is didactic rather than prescriptive.
Journal Article
The Reasonable Content of Conscience in Public Bioethics
Bioethicists aim to provide moral guidance in policy, research, and clinical contexts using methods of moral analysis (e.g., principlism, casuistry, and narrative ethics) that aim to satisfy the constraints of public reason. Among other objections, some critics have argued that public reason lacks the moral content needed to resolve bioethical controversies because discursive reason simply cannot justify any substantive moral claims in a pluralistic society. In this paper, the authors defend public reason from this criticism by showing that it contains sufficient content to address one of the perennial controversies in bioethics—the permissibility and limits of clinician conscientious objection. They develop a “reasonability view” grounded in public reason and apply it to some recent examples of conscientious objection.
Journal Article
Beta-Lactam Resistance
Objective: Investigate beta-lactam resistance in order to identify the associated factors, the main beta-lactam resistant microorganisms and their complications. Theoretical Framework: Beta-lactam resistance is a worldwide health problem, consisting of the inability to respond to the action of antibiotics. Method: retrospective qualitative cross-sectional study with a descriptive analysis, the data collection technique was a review of scientific articles published from 2018, in Spanish and English, in databases such as Scielo, PubMed, Cochrane, Scopus, Organizations such as the World Health and Pan American Health. The information was organized in tables. Results and Discussion: The results obtained revealed that resistance to this group of drugs is as common as their free prescription, being gram-negative the most common germs to present resistance; prolonged hospital stay is an aggravating factor in the casuistry. Research Implications: These implications could span medicine, pharmacêutics, epidemiology, public health and environmental management Originality/Value: The relevance and value of this research are evidenced in magnifying this public health problem and taking action on the matter.
Journal Article
Geninka and Slavery: Jesuit Casuistry and Tokugawa Legislation on Japanese Bondage (1590s–1620s)
Based on Japanese and Portuguese sources, this paper aims at recovering local categories of bondage in order to identify mechanisms by which people were subjected to bonded labour in early modern Japan. The analysis focuses on crossing local forms of bondage, here referred to as genin, and the processes of subjecting individuals to this condition, the so-called called geninka, with the European notion of slavery and enslavement. Local forms of subjection to bondage are drawn from the analysis of early seventeenth-century Tokugawa legislation dedicated to the suppression of human trafficking networks. These documents use a number of labels such as genin, hōkōnin, wakatō, chūgen, hikan, and komono, all references to people subjected to various forms of bondage. At the same time, a crucial debate among members of the Society of Jesus in India offers the opportunity to scrutinise the application of the historical and legal European concept of slavery and enslavement to Japan, a region beyond the secular authority of colonial empires. Ultimately, slavery reveals itself as one of the many categories used by early modern actors to interpret and regulate labour arrangements in the budding Christian communities created by missionaries in the Iberian world.
Journal Article