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Med Health Care and Philos

DOI 10.1007/s11019-015-9628-7

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What is Bioethics?
Nathan Emmerich

 Springer Science+Business Media Dordrecht 2015

Belkin, G.: 2014, Death Before Dying: History, Medicine, Bioethics is not, then, constituted by normative disciplines
and Brain Death. USA: Oxford University Press, 288 (law and philosophical/theological ethics) alone. It is not,
pages, ISBN-13: 978-0199898176, price: 57 USD. simply, the ethical or ethico-legal analysis of the life sci-
Ferber, S.: 2013, Bioethics in Historical Perspective: ences, bio-technologies and medical practice. If bioethics is
Medicine and Social Morality. UK: Palgrave Macmillan, to be properly understood then it must be seen as part of the
248 pages, ISBN-13: 978-1403987242, price: 27 USD. moral order and studied as such. The field must therefore
Wilson, D.: 2014, The Making of British Bioethics. include historical, sociological and anthropological forms
Manchester, UK. Manchester University Press, 288 pages, of analysis.
ISBN-13: 978-0719096198, price: 50 USD. However, a difficulty remains. What, we might ask, is
As Powers (2005, p. 306) points out, what bioethics distinctive about bioethics? How do we know that we are
might be, and the methods with which it is pursued, remain studying it, and not something else? It is difficult to think
relatively undefined and highly diverse. We might also that what is specific to the advent of bioethics is anything
think similarly about ‘ethics’; what it might be and how it other than the emergence of applied ethics, first as a mode
ought to be done is subject to a wide degree of interpre- of philosophical thought (Collin 2000) and, subsequently,
tation. Certainly, there are a number of (related) dominant as something that has become more widespread phe-
approaches—formal ethics, philosophical, practical or ap- nomena. Nevertheless, as Wilson (2012, p. 218) cautions,
plied ethics—there are also a number of other, relatively we should not equate bioethics with applied ethics; even if
mainstream, approaches common to the field of bioethics— they are strongly associated, bioethics is much more be-
casuistry, principlism, reflective equilibrium—and a num- side. Of course, historical epistemology is such that com-
ber of ‘alternative’ or otherwise non-mainstream ap- mitting to any definition of ‘Bioethics’ prior to the analysis
proaches, some of which are entangled or closely related to is out of the question, as is the idea that a definition of
particular bioethical issues—feminist ethics, disability bioethics is the aim or result of such enquiries. Yet the
ethics, and various forms of theological analysis. For ex- conduct of historical enquiry is such that some initial
ample, we might note that ethics is not simply a disciplined characterisation is unavoidable and the substantive analysis
academic activity but something pursued in a wide range of will provide further detail. This review essay sets out to
everyday, professional and policy-making contexts. Indeed engage with this aspect of the books being considered.
one might consider morality—or a moral order—to be a Aiming ‘‘to provide insight into both the history of
necessary part of human societies. If so, then the fact that bioethics as a social practice, and into the wider history of
some concerns are currently addressed as bioethical is a medicine in its social context’’ (2013, p. 2) Ferber views
contingent facet of the contemporary moral order. bioethics as something that straddles medical culture and
its socio-political environments. Somewhat amorphously it
is considered to be ‘‘the socially interpretative dimension
N. Emmerich (&)
of medicine’’ and to encompass ‘‘a wide range of social
School of Politics, International Studies and Philosophy,
Queen’s University Belfast, Belfast, UK conversations’’ (Ferber 2013, p. 3). Whilst Ferber suggests
e-mail: n.emmerich@qub.ac.uk the term bioethics was coined to ‘‘denote a form of applied

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N. Emmerich

philosophical ethics’’ (Ferber 2013, p. 1) she also notes that 1981). Inevitably this promotes further ‘boundary-work’
bioethics is not just a ‘‘branch of applied ethics’’ (Ferber with the result that ‘‘[q]uestions of politics have shaded
2013, p. 5). Instead, it gives ‘‘name to a diverse collection into questions of methodology’’ (Ferber 2013, p. 36) and
of public policy concerns about science and medicine’’ and vice versa. Whether philosophical or methodological, any
is something ‘‘we all do’’ (Ferber 2013, p. 1, 165 italics in attempt at ‘semantic assent’ or reflexive analysis does not,
original). Yet in this view almost any comment on medi- by itself, guarantee the absence of ethico-political interests.
cine can count as bioethical and we might wonder how we Rather, such strategies should be seen as providing ‘‘a
can differentiate bioethics from what went before (Baker politically safer ground to carry on arguments with serious,
2013). Without such differentiation we would be hard but largely implicit, value implications’’ (Fuller 2000,
pressed to write a history of bioethics or, as Ferber aims to p. 249). As a result political ‘‘questions of whose authority
do, place it in its historical context. carries weight’’ (Ferber 2013, p. 36) are never far from the
The inescapable conclusion is that bioethics must, in surface in bioethical scholarship and we can extend Fer-
some way, be orientated around the academic and philo- ber’s thoughts about the use of language in medical culture
sophical endeavour of applied ethics. Ferber contrasts to its use in bioethical culture(s):
‘mainstream’ and ‘feminist’ bioethics with the former be-
‘‘Every choice about the language to be employed in
ing described as claiming a ‘procedural neutrality’ whilst
medical culture has a political and ethical dimension,
the latter ‘‘admits a political point of view’’ (Ferber 2013,
broadly speaking, as every statement explicitly or
p. 23). Furthermore, in Chapter 2—‘Bioethics as Scholar-
tacitly expresses a preference about what should be
ship’—Ferber focuses on the academic tension that exists
and about the shape that decisions should take’’
between the field’s domains. This primarily concerns
(Ferber 2013, p. 38 italics in original).
questions about the relationship between applied ethics and
other forms of bioethical enquiry. In particular she high- The various domains of bioethics are, at least in part,
lights the ‘hyper-rationalism’ of the philosophically trained constituted by the situated and contextual rhetoric associ-
ethicist and the endeavours of social scientists (anthro- ated with them. As such statements produced within each
pologists, sociologists and, one might add, historians) as of these domains are not only marked out by different
well as those of theologians and healthcare professionals. vocabularies but by the fact that they ‘‘arise within some
She also suggests that moral philosophy—the discipline kind of social matrix’’ (Ferber 2013, p. 39). These social
that applied philosophical bioethics claims as its inspiration matrices are the various disciplinary approaches to
and intellectual home—remains ambivalent about its most bioethics and the different traditions of social, cultural and
infamous offspring. Indeed we might read her as suggest- political discourse, including that of law, that, taken to-
ing that applied bioethics inhabits a space between re- gether, are constitutive of the moral order. Indeed, one
spectable philosophy and political agitation. Whilst they might say that academic disciplines are themselves tradi-
may not necessarily be mutually exclusive, it is common to tions, albeit it more, less or differently, reflexive traditions
find calls for bioethics to exhibit greater philosophical of intellectual inquiry. Nevertheless, in this light, they can
rigour (Cf. Savulescu 2015) as well as to become more be characterised as having their own internal moral order
involved with clinical practice, public debate, policy- and their discourses can, thereby, be related to those of the
making and political activism outright.1 As a result it may moral order more generally. Indeed, one might take this as
be that the applied ethicist’s need for philosophical Ferber’s stated task: the examination of bioethics in his-
validation means that bioethicists ‘proper’ will be more torical perspective.
comfortable not only actively engaging with others, but Wilson’s approach is somewhat different. Rather than
doing so on equal terms. placing bioethical issues in context he traces ‘The Making
Indeed, such calls are often expressed simultaneously, at of British Bioethics.’ In the first chapter Wilson examines
least in the sense of being presented side-by-side.2 Nev- club regulation in the UK medical profession. As form of
ertheless, one does not have to look far to find discussions self-governance, club regulation was naturally aligned with
of the way(s) in which the respective imperatives of these the notion that ethical concerns were considered internal
activities exist in tension and may have occasion to conflict matters. Since the nature of medicine existed beyond the
(cf. Brock 1987; Benjamin 1990; Momeyer 1990; Toulmin understanding and, perhaps most crucially, experience of
non-professionals they were not in a position to consider
1
issues of ethical importance properly. Whilst this ethos
On this latter activity see Impact Ethics: http://impactethics.ca/
persisted within the UK medical profession at least until
[Accessed 22nd Febuary 2015].
2 Kennedy’s Reith Lectures in 1980 there was some degree
For example see the 40th anniversary issue of the Journal of
Medical Ethics containing various articles discussing ‘good medical of outside influence. It is obvious, for example, that the
ethics’. 1967 Abortion Act was not merely a matter of the medical

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What is Bioethics?

profession setting a legislative agenda and exerting its in- this is not supported by the facts. Certainly Warnock’s
fluencing over parliament. Furthermore, credit for creating interest in the application of philosophical ethics to con-
the London Medical Group (LMG) can be awarded to Rev, crete moral problems predated her appointment, this was
later Very Rev., Edward Shotter (Wilson 2014, p. 74). not the reason for it. Furthermore, she had not previously
Nevertheless, we should not take Shotter’s claim that LMG given serious consideration to any bioethical issues. War-
meetings were open to the public with too much serious- nock become a bioethicist because of her appointment and
ness as relatively little, if anything, was done made to make subsequent activities. Indeed, given her social status and
‘the public’ aware of the meetings. previous involvement in government inquiries, her ap-
Thus, whilst we can accept Dunstan’s claim, made in pointment should not be seen as a rejection of club-
1987 at a joint Anglo-American conference on Biomedical regulation; she was hardly an outsider and, in any event, a
Ethics hosted by the Hastings Centre and co-sponsored by ‘true’ outsider would never be appointed to chair such an
the Royal Society of Medicine, that going by ‘‘the in- inquiry.
volvement of churchmen and philosophers in medical One result of the Warnock Report, Kennedy’s Reith
ethics, we in the United Kingdom were about 10 years lectures and other developments was that the ethical con-
ahead of you in the United States’’ (1988, p. 5) we should cerns of medicine were no longer matters reserved for
not conclude to much from it; this involvement was not a professional consideration but increasingly subject to
challenge to club regulation but part of it. Whilst those in public and political debate. The shift from ethics being an
the Church of England who sought to engage the UK internal concern of the medical profession to being a matter
medical profession on matters of ethics were outsiders in for wider discussion may well have been an important part
the strict sense, they cannot realistically be seen as any- of the making of bioethics in the UK but it is, one might
thing other than part of the club and, therefore, likely to suggest, also inherent in the ethos of applied (bio)ethics.
inhabit a ethos consistent with that of the medical profes- The discipline of applied ethics considers ethics to be an
sion. That said, whilst UK theologians who engaged with autonomous domain of individual reflection. It decouples
the medical profession about ethical issues ‘‘positioned ethics from particular practices (like medicine), modes of
themselves as ancillaries to doctors’’ and maintained the social life (like professions), and considers the idea of
orthodoxy that ‘‘ethical issues were largely professional ‘tradition’ to lack moral significance. The analytics—or
concerns’’ (Wilson 2014, p. 93), there was also some what Ferber calls rhetoric—of applied ethics is such that it
recognition that the multiplicity of ethical views in a newly paradoxically ‘‘embeds the practice of disembedding’’
pluralist society must be taken into account. Certainly this (Anderson 2005, p. 178), removing issues from the con-
is clear in Wilson’s account of Ian Ramsey and his trans- texts in which they arise, (re)presenting them as decon-
disciplinary medical ethics (2014, chap. 2). textualized puzzles about which we must make intellectual
If the correct notion of ‘bioethics’ is of something and procedurally objective decisions. This methodological
strongly associated with applied ethics and, therefore, the facet of applied ethics can be considered inherently po-
opening up of debates about medical ethics to non-club litical. Furthermore, it is consistent with the way modern
members, at least in principle, it cannot realistically be liberal thought accommodates morality and the way that,
seen in the UK until at least the 1980s. Whilst the Centre today, procedural processes are used to not only guarantee
for Medical Ethics and Law at King’s College London democracy but transparency and accountability.
opened in 1978, bioethics as an academic endeavour Wilson’s argument establishes a connection between the
gathered pace in the UK throughout the 1980s (Wilson success of bioethics and the rise of ‘neo-liberal’ forms of
2014, chap. 3). Indeed it was not until Tomorrow’s Doctors governance, especially New Public Management, the pro-
was published in 1993 that ethics became a formally motion of an ‘audit culture’ and the valorisation of indi-
mandated part of the undergraduate medical curricula vidual choice. Certainly neither applied ethics nor bioethics
(Emmerich 2013). more generally provides the intellectual foundation for
Discussing their public and political impact, as well as these broader socio-political developments. Rather, it is the
their more academic endeavours, Wilson examines the case that these developments have facilitated the success of
careers of Ian Kennedy and Mary Warnock as major fig- applied (bio)ethics. However, this is largely because ap-
ures in the UK’s slow ‘transition from medical ethics to plied ethics is positioned as prior to politics and therefore
bioethics’ (Wilson 2014, p. 95; Ashcroft 2001). In this conducted in an apolitical manner. Nevertheless, bioethics
context it is, I think, interesting to consider precisely when may not be entirely devoid of the tools required to engage
it was that Mary Warnock become a bioethicist and what in broader forms of socio-political critique. Ferber suggests
this might tell us. Whilst one might suppose that Warnock that what distinguishes the applied ethicist from the moral
was asked to chair the Committee of Inquiry into Human philosopher is the degree to which each is willing to be
Fertilisation and Embryology because she was a bioethicist involved in providing normative advice (2013, p. 26). In

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this light whether or not an academic bioethicist’s is will- prior to the committee being convened in 1968, and de-
ing to contribute to the public debate by critically engaging votes a chapter to considering the relevance of the previous
with the socio-political dimension of healthcare, and of work of Committee’s Chair, Henry K. Beecher, on medical
bioethical issues more generally, may primarily be a matter and ‘research’ ethics. As Beecher ‘‘rejected a sharp
of professional and disciplinary inclination or ‘ethos.’ If so separation between technical expertise and moral expertise
we might want to reflect on the academic training of ex- about that technical expertise’’ (Belkin 2014, p. 66) he can,
isting and future bioethicists. like Belkin, be understood as suggesting that ‘‘the knowl-
Belkin’s account of the history of brain death and, in edge of the good [exists] within the knowledge of practice’’
particular, of the Ad Hoc Committee of the Harvard (Belkin 2014, p. 231). Thus the evaluative nature of
Medical School to Examine the Definition of Brain medical knowledge, facts and practice is not a problem to
Death—the body that developed the initial, and still in- be eliminated, but a reality that any ‘external’ account or
fluential, criteria that defines brain death—reinforces the analysis must not only recognize but respect. Whilst Belkin
‘apolitical’ inclinations of applied (bio)ethics. However, does not use the term we might see this as a tacit ac-
his approach differs significantly from that of Ferber and knowledgment of the ‘factish’ nature of knowledge (Latour
Wilson in that he does not consider bioethics to name an 2011). In this view, biological death (or brain death) cannot
expansive set of disciplinary and political practices or- be anything other than the fusion of fact and fetish, of
ganised around particular concerns. Rather, at least in the empirical and theoretical perspectives, an emergent reality
context of his research into brain death, he considers rooted in medical practice and knowledge in motion.
bioethics to be a moralised form of conceptual and philo- Seeing them as providing much needed theoretical con-
sophical analysis (Belkin 2014, p. 212). In contrast to the straints, various philosophical accounts of death prioritize
way Wilson treats the Warnock Report, Belkin does not matters of metaphysics or ontology over the clinical epis-
consider the Harvard Report to be a bioethical document; temology of medical science. Furthermore, they often do so
its production is not presented as a bioethical endeavour. in concord with particular moral or ethical imperatives or
Indeed, part of Belkin’s purpose is to challenge ‘bioethical’ commitments. This approach excludes clinical ways of
criticism of the Report as ‘‘ethically unsophisticated, knowing embedded in medical practice, and prefers an
problematically focused on transplantation, and lacking endless search for the perfect union between concept-and-
conceptual justification and empirical basis for this way of criteria (Belkin 2014, p. 230). From the perspective of
understanding and defining death’’ (Belkin 2014, p. xv).3 clinical practice, ontology and epistemology are insepara-
To this end he criticises bioethics for not taking the en- bly fused, both with each other and with ethics or ‘the
tanglement of fact and value sufficiently seriously as, good.’ Indeed, given there are at least two different and
whilst it began by pointing out this entanglement, its sub- distinct ways one can be clinically dead, it would seem that
sequent strategy has been quixotically misguided. Rather the best way of understanding death is through the lens of
than embrace the complexity of medicine, bioethics has ontological multiplicity (Mol 2002).
sought to conceptual sanitise medical knowledge and, as a Views such as these prioritize the generative realities of
result, to purify its practices (Belkin 2014, pp. 212–219). actual practice over the objectivity of empiricism and its
Bioethics assumes the possibility and utility of disentan- counterpart, universalist philosophical theory. Thus, in
gling fact from value (Belkin 2014, p. xvii) and, as part of Belkin’s view, applied (bio)ethics is good for very little. As
the Enlightenment Project (Belkin 2014, p. 228), it pri- a result he suggests that the key to improving medical
oritises the philosophically determined meanings of a practice may lie with ‘‘other, potentially more effective
concept instead of examining how it is used in practice. As critical perspectives [that have] … emerged within the
Belkin puts it in the context of his research: ‘‘Rather than practice of medicine itself’’ (Belkin 2014, p. 231). He
focus on the ontology of medicine, bioethics instead fo- points to projects such as Continuous Quality Improve-
cused on describing and debating the ontology of death’’ ment, Participatory Research and Patient-Centered Care
(Belkin 2014, p. 212). (Belkin 2014, pp. 232–235) as endeavors that engage with
Belkin’s account traces the way ‘‘conditions of work and the complexity of clinical reality. However, given a
knowledge production changed’’ (2014, p. 29) in the years broader definition of the term, there may be no need to
consider these activities in opposition to bioethics. Belkin
3
Interestingly such criticism can be considered as having parallels suggests that certain ‘‘[n]iche approaches to bioethics such
with those leveled at the Warnock Report. Furthermore, both reports as narrative or casuistical ethics’’ (2014, p. 235) can engage
can be characterized as ‘pragmatic’ or as exhibiting pragmatic with the complexity and diversity of practice. Furthermore,
elements (Belkin 2014, p. xviii; Wilson 2014, p. 161) whilst their
Wilson positions recent developments in ‘clinical gover-
longevity belies the strength of such ethico-conceptual or applied
(bio)ethical critiques. Or, perhaps merely their importance and nance’ as representative of the ongoing process of ‘re-
relevence. making of bioethics’ in the UK and, we might add, beyond

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What is Bioethics?

(2014, pp. 234–235, 262–264). Nevertheless, we might moved past the social science critique of applied ethics
reflect on Ferber’s suggestion that following the socio- (Hedgecoe 2004)—and the emergence of ‘empirical ethics’
political, cultural and institutional success of scholarly is one reason to think that it has—then, for the most part,
bioethics its ‘‘belief in the value of regulation appears to be this is primarily because bioethical thought has adjusted
weaker, not stronger’’ (2013, p. 158). This is, I would and accommodated itself to applied ethics. The question
suggest, the flip side of Belkin’s claim that whilst applied we might now ask is whether applied (bio)ethics is able to
(bio)ethics has recognizes ‘‘the situated or constructedness adjust itself to meet the challenges raised by the bioethical
of meaning in practice, yet … desire[s] to nonetheless enterprise as a whole, both in its disciplined and academic
create an objective, authoritative ethical or critical position guise and in the socio-political discourses of ‘governance.’
and expertise over those meanings’’ (Belkin 2014, p. 66).
Having variously contributed to the reformation of mean-
ing(s) in practice, applied (bio)ethics remains troubled by
the fact that such meanings inescapably remain situated References
and constructed phenomena.
Anderson, A. 2005. The way we argue now: A study in the cultures of
Whether implicit or explicit, the respective accounts theory. Princeton: Princeton University Press.
Belkin, Wilson and Ferber offer regarding what bioethics is Ashcroft, R.E. 2001. Emphasis has shifted from medical ethics to
suggest there is an essential tension at its heart. Perhaps bioethics. BMJ 322(7281): 302.
because he is most explicit in defining bioethics as not only Baker, R. 2013. Before bioethics: A history of American medical
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historically mutable but continually subject to change and Oxford: Oxford University Press.
development, Wilson goes furthest in embracing, rather Belkin, G. 2014. Death before dying: History, medicine, and brain
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4
I am alluding, of course, to Wittgenstein’s notion that human Savulescu, J. 2015. Bioethics: Why philosophy is essential for
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accordingly.

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