The rule of right vs might: a reply to Wischik's 'Nazis, teleology, and the freedom of conscience'. Issue 1 (2nd January 2021)

• Record Type: Journal Article
• Authors: Gamble, Nathan K.; Pruski, Michal
• Is Part Of: New bioethics. Volume 27:Issue 1(2021)
• Page Start: 81
• Page End: 95
• Publication Date: 2021-01-02
• Subjects: Conscious objection -- teleology -- natural law -- medical acts -- philosophy of medicine; Bioethics -- Periodicals; Medical genetics -- Moral and ethical aspects -- Periodicals; 174.2
• DOI: 10.1080/20502877.2021.1874173
• Languages: English
• ISSNs: 2050-2877

Abstract

Abstract : Wischik presents an extensive reply to our paper on conscientious objection, which explores the implications of distinguishing 'medical acts' from 'socioclinical acts'. He provides an extensive legal analysis of the issues surrounding conscientious objection, drawing on the concepts of professional practice and consequentialism. Invoking some of these concepts, we respond and demonstrate that Wischik does not seriously engage with our argument. Instead, he merely proffers his preference for legal positivism, which – when viewed as the fount of justice (as Wischik seems to hold) instead of a tool in its service – necessarily bases rightness on might rather than truth. We also argue that in several important areas, Wischik is factually mistaken.