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ABSTRACT.
Bernard Gert's theory of morality has received much critical attention, but there has been relatively little commentary on its practical value for bioethics. An important test of an ethical theory is its ability to yield results that are helpful and plausible when applied to real cases. An examination of Gert's theory and his own attempts to apply it to bioethics cases reveals that there are serious difficulties with regard to its application. These problems are sufficiently severe to support the conclusion that Gert's theory is unacceptable as an approach for resolving bioethics cases, even relatively noncontroversial cases.
In a series of hooks and articles, Bernard Gert (1973; 1988; 1998; 2001; 2004; 2005) has developed and defended an ethical theory based on what he calls our common morality. The theory builds on several important insights: there is a common morality; moral rules comprise a central part of it; and common morality is public in the sense that all moral agents understand what it requires, forbids, allows, and encourages. Gert makes a distinction between common morality and his moral theory. Common morality is a given; it is "out there," something we discover rather than invent, and Gert disavows any desire to rewrite or improve upon it. His moral theory is an attempt to describe common morality accurately and to justify it. For Gert, the description and justification are closely related, consisting of parts that fit together to make a unified whole. So, the theory turns out to be rather complex, and Gert's elaboration of it contains discussions of many topics, including rationality, impartiality, reasons for acting, goods, and evils. What is especially important, for the purpose of this paper, is that Gert has put forward his theory as a basis for bioethical decision making. In two books, Bioethics: A Return to Fundamentals (Gert, Culver, and Clouser 1997) and Morality and the New Genetics: A Guide for Students and Health Care Providers (Gert et al. 1996), he and his coauthors discuss the relevance of his theory for bioethics and show how it can be applied to the resolution of bioethics cases.
The first published edition of Gert's theory appeared in 1970 (Gert 2004, p. ix). Over the years, he has revised it numerous times in response...