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Response to commentaries: 'Further clarity on cooperation and morality'.

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Further clarity on cooperation and morality.

David S Oderberg

    Journal of Medical Ethics
    |October 5, 2016
    PubMed
    Summary

    This study proposes a moral theory of cooperation to address conscientious objection in healthcare, advocating for a reasonableness test over a mere sincerity test to protect religious freedom.

    Area of Science:

    • Bioethics
    • Moral Philosophy
    • Healthcare Law

    Background:

    • Conscientious objection in healthcare is a growing concern, particularly regarding religious freedom.
    • The US Supreme Court's Hobby Lobby decision highlighted the complexities of cooperation in actions with moral objections.
    • Existing legal frameworks for conscientious objection often rely on insufficient reasoning, such as the 'mere sincerity' test.

    Purpose of the Study:

    • To develop and defend a moral theory of cooperation applicable to healthcare contexts.
    • To analyze landmark cases like Burwell v. Hobby Lobby and Doogan and Wood using the proposed cooperation theory.
    • To advocate for a 'reasonableness test' in legal reasoning for conscientious objection cases.

    Main Methods:

    • The study outlines a theory of cooperation inspired by Catholic moral theology and double-effect reasoning.
    Keywords:
    AbortionConscientious ObjectionEthicsReligious Ethics

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  • It critically examines the legal reasoning in Burwell v. Hobby Lobby, contrasting 'mere sincerity' with a 'reasonableness' test.
  • Case studies, including Little Sisters of the Poor and Doogan and Wood, are analyzed through the lens of the proposed ethical framework.

    • Main Results:

    • The 'mere sincerity' test applied in Hobby Lobby leads to absurd consequences and fails to adequately address cooperation issues.
    • A 'reasonableness test,' grounded in a robust theory of cooperation, offers a more philosophically sound approach.
    • Current legal approaches in cases like Doogan and Wood do not sufficiently protect freedom of conscience and religion in healthcare.

    Conclusions:

    • A judicially recognized ethic of cooperation, based on reasonableness, is needed to better protect conscientious objectors in healthcare.
    • This framework would ensure religious freedom is respected while navigating complex moral issues in medical practice.
    • The proposed theory provides a more coherent and just basis for legal decisions concerning cooperation in morally contested actions.