Contemporary Debates in Applied Ethics

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2 Contemporary Debates in Applied Ethics

3 Contemporary Debates in Philosophy In teaching and research, philosophy makes progress through argumentation and debate. Contemporary Debates in Philosophy presents a forum for students and their teachers to follow and participate in the debates that animate philosophy today in the western world. Each volume presents pairs of opposing viewpoints on contested themes and topics in the central subfields of philosophy. Each volume is edited and introduced by an expert in the field, and also includes an index, bibliography, and suggestions for further reading. The opposing essays, commissioned especially for the volumes in the series, are thorough but accessible presentations of opposing points of view. 1. Contemporary Debates in Philosophy of Religion edited by Michael L. Peterson and Raymond J. VanArragon 2. Contemporary Debates in Philosophy of Science edited by Christopher Hitchcock 3. Applied Ethics edited by Andrew I. Cohen and Christopher Heath Wellman 4. Epistemology edited by Matthias Steup and David Sosa Forthcoming Contemporary Debates are in: Aesthetics edited by Matthew Kieran Cognitive Science edited by Robert Stainton Metaphysics edited by Ted Sider, Dean Zimmerman, and John Hawthorne Moral Theory edited by James Dreier Philosophy of Mind edited by Brian McLaughlin and Jonathan Cohen Social Philosophy edited by Laurence Thomas

4 CONTEMPORARY DEBATES IN APPLIED ETHICS Edited by Andrew I. Cohen and Christopher Heath Wellman

5 2005 by Blackwell Publishing Ltd BLACKWELL PUBLISHING 350 Main Street, Malden, MA , USA 108 Cowley Road, Oxford OX4 1JF, UK 550 Swanston Street, Carlton, Victoria 3053, Australia The right of Andrew I. Cohen and Christopher Heath Wellman to be identified as the Authors of the Editorial Material in this Work has been asserted in accordance with the UK Copyright, Designs, and Patents Act All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs, and Patents Act 1988, without the prior permission of the publisher. First published 2005 by Blackwell Publishing Ltd Library of Congress Cataloging-in-Publication Data Contemporary debates in applied ethics / edited by Andrew I. Cohen and Christopher Heath Wellman. p. cm. (Contemporary debates in philosophy; 4) Includes bibliographical references and index. ISBN (alk. paper) ISBN (pbk. : alk. paper) 1. Applied ethics. I. Cohen, Andrew I. II. Wellman, Christopher Heath. III. Series. BJ1031.C dc A catalogue record for this title is available from the British Library. Set in 10/12 1 / 2 pt Rotis serif by SNP Best-set Typesetter Ltd., Hong Kong Printed and bound in the United Kingdom by TJ International, Padstow, Cornwall The publisher s policy is to use permanent paper from mills that operate a sustainable forestry policy, and which has been manufactured from pulp processed using acid-free and elementary chlorine-free practices. Furthermore, the publisher ensures that the text paper and cover board used have met acceptable environmental accreditation standards. For further information on Blackwell Publishing, visit our website:

6 Contents Acknowledgments vii Notes on Contributors viii Introduction 1 ABORTION 11 1 The Wrong of Abortion Patrick Lee and Robert P. George 13 2 The Moral Permissibility of Abortion Margaret Olivia Little 27 AFFIRMATIVE ACTION 41 3A Defense of Affirmative Action Albert Mosley 43 4 Preferential Policies Have Become Toxic Celia Wolf-Devine 59 ANIMALS 75 5 Empty Cages: Animals Rights and Vivisection Tom Regan 77 6 Animals and Their Medical Use R. G. Frey 91 CAPITAL PUNISHMENT 105 7A Defense of the Death Penalty Louis P. Pojman Why We Should Put the Death Penalty to Rest Stephen Nathanson 124 CLONING Why I Oppose Human Cloning Jeremy Rifkin The Poverty of Objections to Human Reproductive Cloning John Harris 145 EUTHANASIA In Defense of Voluntary Active Euthanasia and Assisted Suicide Michael Tooley A Case Against Euthanasia Daniel Callahan 179

7 IMMIGRATION Immigration: The Case for Limits David Miller The Case for Open Immigration Chandran Kukathas 207 PORNOGRAPHY The Right to Get Turned On: Pornography, Autonomy, Equality Andrew Altman The Price We Pay? Pornography and Harm Susan J. Brison 236 PRIVACY AND CIVIL SOCIETY The Limits of Privacy Amitai Etzioni The Case for Privacy David D. Friedman 263 VALUES IN NATURE The Intrinsic Value of Nature in Public Policy: The Case of the Endangered Species Act J. Baird Callicott Values in Nature: A Pluralistic Approach Bryan G. Norton 298 WORLD HUNGER Famine Relief: The Duties We Have to Others Christopher Heath Wellman Famine Relief and Human Virtue Andrew I. Cohen 326 Index 343 vi Contents

8 Acknowledgments We are grateful to Bernard R. Boxill, Dorothy Denning, R. G. Frey, Deborah G. Johnson, Hugh LaFollette, and Jeffrey Rosen for advice in the early stages. Jeff Dean and Nirit Simon at Blackwell have been immensely supportive and patient. Most importantly, we would like to thank Adam Adler, Brad Champion, and Ryan McWhorter for providing crucial research and editorial assistance throughout the project.

9 Notes on Contributors Andrew Altman is Professor of Philosophy at Georgia State University. He specializes in legal and political philosophy and applied ethics. Professor Altman s publications include Critical Legal Studies: A Liberal Critique (Princeton University Press, 1989) and Arguing About Law: An Introduction to Legal Philosophy, 2nd edn. (Wadsworth, 2001). His articles have appeared in Philosophy and Public Affairs and Ethics, among other leading philosophy journals. Currently he is working on issues of international criminal law. Susan J. Brison is Associate Professor of Philosophy at Dartmouth College and has held visiting appointments at Tufts, New York University, and Princeton. She is author of Aftermath: Violence and the Remaking of a Self (Princeton University Press, 2002) and Speech, Harm, and Conflicts of Rights (Princeton University Press, forthcoming) and co-editor of Contemporary Perspectives on Constitutional Interpretation (Westview Press, 1993). Daniel Callahan a cofounder of the Hastings Center, is now its Director of International Programs and a Senior Fellow at the Harvard Medical School. He has a Ph.D. in philosophy, and is the author, most recently, of What Price Better Health: Hazards of the Research Imperative (University of California Press, 2003). J. Baird Callicott is Professor of Philosophy and Religion Studies in the Institute of Applied Sciences at the University of North Texas. From 1997 to 2000 he served as President of the International Society for Environmental Ethics. He is author of Earth s Insights: A Multicultural Survey of Ecological Ethics from the Mediterranean Basin to the Australian Outback (University of California Press, 1994), In Defense of the Land Ethic: Essays in Environmental Philosophy (State University of New York Press, 1989), Beyond the Land Ethic: More Essays in Environmental Philosophy (State Uni-

10 versity of New York Press, 1999), American Indian Environmental Ethics: An Ojibwa Case Study (Pearson Prentice Hall, 2004), and more than a hundred book chapters, journal articles, encyclopedia entries, and book reviews. Callicott s research proceeds on four major fronts: theoretical environmental ethics, land ethics, the philosophy of ecology and conservation, and comparative environmental philosophy. Andrew I. Cohen is Associate Director of the Jean Beer Blumenfeld Center for Ethics and teaches in the philosophy department at Georgia State University. He specializes in ethics and political philosophy and has published papers on topics such as Hobbesian moral and political theory, the ethics of friendship, and rights theory. Amitai Etzioni is the author of 20 books, including Genetic Fix: The Next Technological Revolution (Macmillan, 1973), The Moral Dimension: Toward a New Economics (Free Press, 1988), The New Golden Rule: Community and Morality in a Democratic Society (Basic Books, 1996), My Brother s Keeper: A Memoir and a Message (Rowman & Littlefield, 2003), and most recently, From Empire to Community (Palgrave Macmillan 2004). He served as a Senior Advisor to the White House on domestic affairs; he taught at Columbia University, Harvard Business School, University of California at Berkeley, and was named the first University Professor at George Washington University, where he is the Director of the Institute for Communitarian Policy Studies. R. G. Frey is Professor of Philosophy at Bowling Green State University. He specializes in ethical and political philosophy and is the author of numerous books and articles on applied ethics, normative theory, and the history of eighteenth-century British moral philosophy. His latest books are Euthanasia and Physician-Assisted Suicide (with Gerald Dworkin and Sissela Bok; Cambridge University Press, 1998), A Companion to Applied Ethics (with Christopher Heath Wellman; Blackwell, 2003), and Ethics, Animals, and Medicine (Cambridge University Press, 2005). David D. Friedman is a Professor of Law at Santa Clara University; his specialty is the economic analysis of law and his current interests include the effect of technology on the world over the next few decades. His most recent book is Law s Order: What Economics has to do with Law and Why It Matters (Princeton University Press, 2000). You can learn more than you want to know about both him and his ideas at < Robert P. George is McCormick Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions at Princeton University. He is a member of the President s Council on Bioethics, and served from 1993 to 1998 as a presidential appointee to the United States Commission on Civil Rights. He is a former Judicial Fellow at the Supreme Court of the United States, where he received the 1990 Justice Tom C. Clark Award. Among his books are In Defense of Natural Law (Clarendon Press, 1998) and Making Men Moral: Civil Liberties and Public Morality (Clarendon Press, 1993). His articles have appeared in the Harvard Law Review, the Yale Law Journal, the Columbia Law Review, the University of Chicago Notes on Contributors ix