Mark J. Cherry | St. Edward's University (original) (raw)

Books by Mark J. Cherry

Edited Books by Mark J. Cherry

Papers by Mark J. Cherry

H. Tristram Engelhardt Jr. His books are incomparable in their erudition and precision of languag... more H. Tristram Engelhardt Jr. His books are incomparable in their erudition and precision of language. Still, he remains the most misunderstood among bioethicists. Many of the most serious philosophical bioethicists, such as Beauchamp, Childress, and Veatch, developed their thought in dialogue with Engelhardt or in an attempt to counter him. This book of essays commenting on Engelhardt's work helps clarify what Engelhardt is about and why he remains important, despite many bioethicists ignoring or dismissing him. Engelhardt is a ...

Oxford University Press, Aug 9, 2010

The legal basis of informed consent in Texas may on first examination suggest an unqualified affi... more The legal basis of informed consent in Texas may on first examination suggest an unqualified affirmation of persons as the source of authority over themselves. This view of individuals in the practice of informed consent tends to present persons outside of any social context in general and outside of their families in particular. The actual functioning of law and medical practice in Texas, however, is far more complex. This study begins with a brief overview of the roots of Texas law and public policy regarding informed consent. This surface account is then contrasted with examples drawn from the actual functioning of Texas law: Texas legislation regarding out-of-hospital do-not-resuscitate (DNR) orders. As a default approach to medical decision-making when patients lose decisional capacity and have failed to appoint a formal proxy or establish their wishes, this law establishes a defeasible presumption in favor of what the law characterizes as "qualified relatives" who can function as decision-makers for those terminal family members who lose decisional capacity. The study shows how, in the face of a general affirmation of the autonomy of individuals as if they were morally and socially isolated agents, space is nevertheless made for families to choose on behalf of their own members. The result is a multi-tier public morality, one affirming individuals as morally authoritative and the other recognizing the decisional standing of families.

Journal of Medicine and Philosophy, 2019

This special thematic issue of The Journal of Medicine and Philosophy brings together a cross-cul... more This special thematic issue of The Journal of Medicine and Philosophy brings together a cross-cultural set of scholars from Asia, Europe, and North America critically to explore foundational questions of familial authority and the implications of such findings for organ procurement policies designed to increase access to transplantation. The substantial disparity between the available supply of human organs and demand for organ transplantation creates significant pressure to manipulate public policy to increase organ procurement. As the articles in this issue explore, however, even if well intentioned, the desire to maximize organ procurement does not justify undermining foundational elements of human flourishing, such as the family. While defending at times quite different understandings of autonomy, informed consent, and familial authority, each author makes clear that a principled appreciation of the family is necessary. Otherwise, health care practice will treat the family in a cynical and instrumental fashion unlikely to support social or individual good.

The Journal of Medicine and Philosophy, May 1, 2009

The United Nations Educational, Scientific, and Cultural Organization&amp... more The United Nations Educational, Scientific, and Cultural Organization's (UNESCO) Universal Declaration on Bioethics and Human Rights announces a significant array of welfare entitlements--to personal health and health care, medicine, nutrition, water, improved living conditions, environmental protection, and so forth--as well as corresponding governmental duties to provide for such public health measures, though the simple expedient of announcing that such entitlements are "basic human rights." The Universal Declaration provides no argument for the legitimacy of the sweeping governmental authority, taxation, and regulation to create and impose such "rights." As this paper explores that some action promotes a purported good, such as "health," does not thereby make the action morally permissible. Just as there are moral limits on legitimate personal actions, there are also moral limits on legitimate governmental actions to promote purported goods, including health. A core question of any governmental regulation, therefore, is whether it is a legitimate application of moral political authority or an unauthorized act of state coercion. Pace UNESCO's wide-ranging assertions, this paper argues that promoting health only falls within the legitimate authority of governments in very narrowly defined circumstances. As the paper critically explores, at stake are foundational moral and political questions concerning the limits of governmental authority to intervene in the consensual interaction of persons. Imposing such duties on others, including citizens of a state through regulatory activity and taxation, must be justified, nonarbitrary, and demonstrably within the limits of moral political authority. UNESCO's assertions do not meet this burden of proof.

Public Affairs Quarterly, 2000

Page 1. Public Affairs Quarterly Volume 14, Number 4, October 2000 IS A MARKET IN HUMAN ORGANS NE... more Page 1. Public Affairs Quarterly Volume 14, Number 4, October 2000 IS A MARKET IN HUMAN ORGANS NECESSARILY EXPLOITATIVE? Mark J. Cherry possibility of creating a for-profit market in human organs for transplantation ...

Public Affairs Quarterly, 2000

Page 1. Public Affairs Quarterly Volume 14, Number 4, October 2000 IS A MARKET IN HUMAN ORGANS NE... more Page 1. Public Affairs Quarterly Volume 14, Number 4, October 2000 IS A MARKET IN HUMAN ORGANS NECESSARILY EXPLOITATIVE? Mark J. Cherry possibility of creating a for-profit market in human organs for transplantation ...

H. Tristram Engelhardt Jr. His books are incomparable in their erudition and precision of languag... more H. Tristram Engelhardt Jr. His books are incomparable in their erudition and precision of language. Still, he remains the most misunderstood among bioethicists. Many of the most serious philosophical bioethicists, such as Beauchamp, Childress, and Veatch, developed their thought in dialogue with Engelhardt or in an attempt to counter him. This book of essays commenting on Engelhardt's work helps clarify what Engelhardt is about and why he remains important, despite many bioethicists ignoring or dismissing him. Engelhardt is a ...

Oxford University Press, Aug 9, 2010

The legal basis of informed consent in Texas may on first examination suggest an unqualified affi... more The legal basis of informed consent in Texas may on first examination suggest an unqualified affirmation of persons as the source of authority over themselves. This view of individuals in the practice of informed consent tends to present persons outside of any social context in general and outside of their families in particular. The actual functioning of law and medical practice in Texas, however, is far more complex. This study begins with a brief overview of the roots of Texas law and public policy regarding informed consent. This surface account is then contrasted with examples drawn from the actual functioning of Texas law: Texas legislation regarding out-of-hospital do-not-resuscitate (DNR) orders. As a default approach to medical decision-making when patients lose decisional capacity and have failed to appoint a formal proxy or establish their wishes, this law establishes a defeasible presumption in favor of what the law characterizes as "qualified relatives" who can function as decision-makers for those terminal family members who lose decisional capacity. The study shows how, in the face of a general affirmation of the autonomy of individuals as if they were morally and socially isolated agents, space is nevertheless made for families to choose on behalf of their own members. The result is a multi-tier public morality, one affirming individuals as morally authoritative and the other recognizing the decisional standing of families.

Journal of Medicine and Philosophy, 2019

This special thematic issue of The Journal of Medicine and Philosophy brings together a cross-cul... more This special thematic issue of The Journal of Medicine and Philosophy brings together a cross-cultural set of scholars from Asia, Europe, and North America critically to explore foundational questions of familial authority and the implications of such findings for organ procurement policies designed to increase access to transplantation. The substantial disparity between the available supply of human organs and demand for organ transplantation creates significant pressure to manipulate public policy to increase organ procurement. As the articles in this issue explore, however, even if well intentioned, the desire to maximize organ procurement does not justify undermining foundational elements of human flourishing, such as the family. While defending at times quite different understandings of autonomy, informed consent, and familial authority, each author makes clear that a principled appreciation of the family is necessary. Otherwise, health care practice will treat the family in a cynical and instrumental fashion unlikely to support social or individual good.

The Journal of Medicine and Philosophy, May 1, 2009

The United Nations Educational, Scientific, and Cultural Organization&amp... more The United Nations Educational, Scientific, and Cultural Organization's (UNESCO) Universal Declaration on Bioethics and Human Rights announces a significant array of welfare entitlements--to personal health and health care, medicine, nutrition, water, improved living conditions, environmental protection, and so forth--as well as corresponding governmental duties to provide for such public health measures, though the simple expedient of announcing that such entitlements are "basic human rights." The Universal Declaration provides no argument for the legitimacy of the sweeping governmental authority, taxation, and regulation to create and impose such "rights." As this paper explores that some action promotes a purported good, such as "health," does not thereby make the action morally permissible. Just as there are moral limits on legitimate personal actions, there are also moral limits on legitimate governmental actions to promote purported goods, including health. A core question of any governmental regulation, therefore, is whether it is a legitimate application of moral political authority or an unauthorized act of state coercion. Pace UNESCO's wide-ranging assertions, this paper argues that promoting health only falls within the legitimate authority of governments in very narrowly defined circumstances. As the paper critically explores, at stake are foundational moral and political questions concerning the limits of governmental authority to intervene in the consensual interaction of persons. Imposing such duties on others, including citizens of a state through regulatory activity and taxation, must be justified, nonarbitrary, and demonstrably within the limits of moral political authority. UNESCO's assertions do not meet this burden of proof.

Public Affairs Quarterly, 2000

Page 1. Public Affairs Quarterly Volume 14, Number 4, October 2000 IS A MARKET IN HUMAN ORGANS NE... more Page 1. Public Affairs Quarterly Volume 14, Number 4, October 2000 IS A MARKET IN HUMAN ORGANS NECESSARILY EXPLOITATIVE? Mark J. Cherry possibility of creating a for-profit market in human organs for transplantation ...

Public Affairs Quarterly, 2000

Page 1. Public Affairs Quarterly Volume 14, Number 4, October 2000 IS A MARKET IN HUMAN ORGANS NE... more Page 1. Public Affairs Quarterly Volume 14, Number 4, October 2000 IS A MARKET IN HUMAN ORGANS NECESSARILY EXPLOITATIVE? Mark J. Cherry possibility of creating a for-profit market in human organs for transplantation ...

Christian bioethics: Non-Ecumenical Studies in Medical Morality

Medicine is always set within particular cultural contexts and human interests. Central aspects o... more Medicine is always set within particular cultural contexts and human interests. Central aspects of medical practice, such as concepts of health and disease, bioethical judgments, as well as the framing of healthcare policy, always intersect with an overlapping set of culturally situated communities (scientific, moral, religious, and political), each striving to understand as well as to manipulate the world in ways that each finds socially desirable, morally appropriate, aesthetically pleasing, politically useful, or otherwise fitting. Such taken-for-granted background conditions, in turn, impact clinical expectations, understandings of scientific findings, and appreciation of bioethical obligations. As background norms shift, so too do diagnostic categories as alternative modes of classification and treatment prove more useful for achieving socially, culturally, or politically desired outcomes. It is on this point that the essays in this number of Christian Bioethics strike an important chord. As the authors demonstrate, the most fundamental disagreements in bioethics turn on those who seek to frame culture and moral choice around the recognition of God's existence and those committed to recasting all of our social, moral, scientific, and cultural institutions in terms of a foundational atheism. In various ways, each paper illustrates that without canonical grounding in a fully transcendent God, morality-and epistemic claims more generally-are demoralized, deflated, and brought into question. From the religious practices that guide the provision of Catholic health care and the underlying social norms governing psychiatric medical diagnosis, to whether God should be subject to scientific measurement, and the supposed existence of a "common morality," the essays in this number of Christian Bioethics explore the implications of significant cultural changes that have impacted the taken-for-granted norms that undergird medicine and bioethics.

Christian Bioethics, Apr 1, 2011

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Revista Romana De Bioetica, Apr 28, 2013

Etosul cultural şi bioetic dominant este pluralist din punct de vedere moral, postmodern şi postc... more Etosul cultural şi bioetic dominant este pluralist din punct de vedere moral, postmodern şi postcreştin. Acest etos întruchipează o mentalitate care favorizează diversitatea culturală şi religioasă, respectul reciproc şi toleranţa ca virtuţi fundamentale. Respectul reciproc şi toleranţa nu sunt apreciate doar ca premergătoare ale convertirii necesare, dar mai degrabă ca necesitând o afirmare a altor puncte de vedere morale religioase şi seculare, ca fiind la fel de adevărate. Acest etos social necesită schiţarea unei dezbateri bioetice prin intermediul unui raţionament public în totalitate secular şi deschis tuturor; astfel, acesta urmăreşte să elimine convingerile morale creştine tradiţionale şi percepţiile spirituale din viaţa morală publică. Creştinii tradiţionalişti sunt adesea nevoiţi să refuleze angajamentele lor cele mai profunde, să îşi exprime părerile lor morale şi spirituale ca perspective obişnuite printre multe altele. Totuşi, această cultură morală de fond afirmă practici pe care creştinii tradiţionalişti le consideră extrem de păcătoase. Cum îşi pot exprima creştinii pretenţiile etice şi bioetice în forumul public? Lucrarea de faţă susţine ideea conform căreia creştinismul veritabil ar trebui să se opună culturii seculare generale de astăzi. Creştinii tradiţionalişti posedă o percepţie specială asupra adevărului moral şi bioetic prin intermediul unei credinţe drepte în Dumnezeu şi printr-un cult adecvat al lui Dumnezeu. Creştinismul singur comunică motivaţia şi scopul existenţei, apreciind şi orientând în mod corespunzător alegerile tehnologice, sociale şi morale. Prin urmare, creştinii au obligaţia de a susţine idei şi argumente bioetice creştine în cadrul forumului public şi de a forma astfel cultura modernă, precum şi de a-i invita pe toţi oamenii la convertire şi pocăinţă. Cuvinte cheie: avort, bioetică, creştinism, cercetare pe embrioni umani.

Oxford University Press, Aug 9, 2010

Philosophy and Medicine, 1997

Page 219. MARK J. CHERRY MORAL STRANGERS: A HUMANITY THAT DOES NOT BIND I. INTRODUCTION Japanese ... more Page 219. MARK J. CHERRY MORAL STRANGERS: A HUMANITY THAT DOES NOT BIND I. INTRODUCTION Japanese and Western philosophers, physicians, and patients often meet as moral strangers. ... MORAL STRANGERS: A HUMANITY THAT DOES NOT BIND 207 sion. ...

The Annals of Pharmacotherapy, 2003

Page 1. H. TRISTRAM ENGELHARDT, JR AND MARK J. CHERRY, EDITORS r curce edkaljtesources - ROMAN CA... more Page 1. H. TRISTRAM ENGELHARDT, JR AND MARK J. CHERRY, EDITORS r curce edkaljtesources - ROMAN CATHOLIC PERSPECTIVES k. Page 2. Page 3. Allocating Scarce Medical Resources Page 4. The Clinical Medical Ethics Series H. Tristram Engelhardt, Jr. ...

Christian Bioethics, 2015

ABSTRACT

History and Philosophy of the Life Sciences, 2002

This study seeks to advance the understanding of controversy resolution in science. I take as a c... more This study seeks to advance the understanding of controversy resolution in science. I take as a case study conceptualization and treatment of ulcer disease. Analysis of causal accounts and effective treatments illustrate the ways in which competing parallel research programs in medicine embody opposing social, political, and economic forces which are bound to the epistemological dimensions of scientific controversy (e.g., standards of evidence, reference, and inference), and which in turn shift perception of the burden of proof. The analysis illustrates the ways in which (1) medical diagnoses create as much as discover useful distinctions and (2) epistemic and non epistemic values divide scientists into competing research programs, as well as (3) the ways in which these structures often effectively prevent scientific controversy closure.

Philosophical Studies in Contemporary Culture, 2009

Page 1. The Normativity of the Natural: Can Philosophers Pull Morality Out of the Magic Hat of Hu... more Page 1. The Normativity of the Natural: Can Philosophers Pull Morality Out of the Magic Hat of Human Nature? Mark J. Cherry 1 Introduction Western philosophy has long nurtured the hope definitively to resolve ethical and political ...

Philosophy and Medicine, 2015