scispace - formally typeset
Journal ArticleDOI

The Casuistical Turn in Planning Ethics Lessons from Law and Medicine

David Thacher
- 01 Mar 2004 - 
- Vol. 23, Iss: 3, pp 269-285
TLDR
In this article, the authors investigated how two professional fields (law and medical ethics) have used cases to analyze practical ethics and found that case studies have played a prominent role in the study of ethical issues in planning.
Abstract
Case studies have recently played a prominent role in the study of ethical issues in planning. To clarify the role that cases can play, this article investigates how two other professional fields (law and medical ethics) have used cases to analyze practical ethics. The author argues that law and medicine use studies to develop “moral taxonomies”—classifications of important cases that help clarify the meaning and limits of ambiguous values, principles, and maxims. Three features characterize case ethics in law and medicine: (1) a focus on hard cases, in which key values or principles are ambiguous or in conflict; (2) use of analogical reasoning to analyze those cases, to determine which previously resolved cases they resemble and which they do not; and (3) identification of low-level principles that underwrite these judgments of similarity and difference and can help inform judgments about future cases.

read more

Citations
More filters
Posted Content

Law's Empire

TL;DR: McQueen et al. as mentioned in this paper presented a special symposium issue of Social Identities under the editorship of Griffith University's Rob McQueen and UBC's Wes Pue and with contributions from McQueen, Ian Duncanson, Renisa Mawani, David Williams, Emma Cunliffe, Chidi Oguamanam, W. Wesley Pue, Fatou Camara, and Dianne Kirkby.
Journal ArticleDOI

Managing Value Conflict in Public Policy

TL;DR: The authors argue that policy actors do sometimes try to strike a balance among conflicting values, but they often avail themselves of other strategies as well: they cycle between values by emphasizing one value and then the other; they assign responsibilities for each value to different institutional structures; or they gather and consult a taxonomy of specific cases where similar conflicts arose.
Journal ArticleDOI

The Normative Case Study1

TL;DR: This article argued that case studies can also contribute to normative theory, to theories about the ideals we should pursue and the obligations we should accept, and they suggested that social science has a vital role to play in the prescriptive study of values, particularly so-called "thick ethical concepts" like leadership, courage, and neighborhood vitality.
Journal ArticleDOI

Legal Reasoning and Political Conflict

TL;DR: Sunstein this paper argues that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts, and states that judges purposely limit the scope of their decisions to avoid reopening large-scale controversies, calling such actions incompletely theorized agreements.
References
More filters
Journal ArticleDOI

Metaphors We Live by

TL;DR: Lakoff and Johnson as discussed by the authors present a very attractive book for linguists to read, which is written in a direct and accessible style; while it introduces and uses a number of new terms, for the most part it is free of jargon.
Posted Content

Law's Empire

TL;DR: McQueen et al. as mentioned in this paper presented a special symposium issue of Social Identities under the editorship of Griffith University's Rob McQueen and UBC's Wes Pue and with contributions from McQueen, Ian Duncanson, Renisa Mawani, David Williams, Emma Cunliffe, Chidi Oguamanam, W. Wesley Pue, Fatou Camara, and Dianne Kirkby.
Book

The urban villagers

Book

Just and Unjust Wars