A measure of ethics termed ethical behavior (EB) is postulated and tested across the moral philosophy types of managers. The findings suggest that certain managers, classified as rule deontologists, appear to rank higher on the EB scale than any other philosophy type tested.

This paper examines the ethics of government policies and automobile industry strategies as China rapidly adopts the automobile on a widespread basis. It begins by looking at the context of auto adoption in America in the twentieth century and then contrasts this with the situation in China today. It next analyzes government and auto company strategies along three moral criteria and concludes that current strategies are consistent yet ethically wrongful. In the end, it recommends the abandonment of current antiquated harm-inducing (...) strategies in favor of new approaches incorporating innovative technologies that account for local preferences. (shrink)

In this thesis, I address the metaphysical question `What is humour?' and the ethical question `When is humour immoral?' Consulting a dictionary reveals a circle of definitions between `amusement', `funniness', and `humour'. So I split the metaphysical question `What is humour?' into three questions: `What is amusement?', `What is funniness?' and `What is humour?' By critically analysing then synthesising recent research in philosophy, psychology and linguistics, I give the following answers: x amuses y if and only if: y is in (...) a non-serious, non-threatened, non-goal-directed state. y simultaneously activates two incompatible interpretations of x via unsound logic. sufficiently increases the psychological arousal of y. x is funny if and only if x merits amusement. x is humour if and only if the function of x is to merit or elicit amusement. Similarly, I split the ethical question `When is humour immoral?' into three questions: `When is amusement immoral?', `How does immorality affect funniness?' and `When is humour immoral?' By using, and, I give the following answers: Amusement is immoral when the correct theory of normative ethics defines, or to be immoral. Immorality negatively affects funniness. Humour-types are not subject to moral evaluation. Humour-tokens are immoral when the correct theory of normative ethics defines them to be immoral. This thesis contributes to the knowledge of the subject in two ways. First, by critically analysing and synthesising recent inter-disciplinary research, provides a more precisely specified definition of amusement than that in the philosophical literature. Second, research on humour, across all disciplines, conflates the three closely related but distinct concepts of humour, amusement and funniness. By providing a linear sequence of definitions,, and avoid the conceptual confusions that commonly occur. (shrink)

The article deals with diversity of language signs in legal terminology. The aim of the article is to show the influence of both linguistic and extra-linguistic factors on the specificity of various linguistic units in the legal terminology. Though all terminological systems possess some similar features, there may be certain traits characteristic only for some of them. As specific systems of signs, legal terminologies show some peculiarities that are discussed in the article from the point of view of oppositions to (...) highlight the semiotic specifics of language units used by lawyers and also the organization of the terminological system under consideration. The oppositions under consideration emerge due to both linguistic and extra-linguistic factors. Extra-linguistic factors determine such oppositions as terminology of law: terminology of jurisprudence, modern terminology: historical terminology, terms: nomenclature signs. Linguistic factors stipulate the opposition of primary and derived terms. A combination of linguistic and extra-linguistic factors determines the following oppositions: native terms: borrowed terms, terms of the basic terminological system: terms attracted from other spheres of knowledge. Within these types of oppositions a number of more specific ones were elicited. The interaction of synchronic and diachronic approaches the article is based on allowed the authors to focus on the permanent semantic properties of the language signs pertaining to tribal customary and modern law, and on those emerging in the course of the evolution of law. (shrink)

‘On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality’. B. R. Ambedkar’s famous last speech to the Constituent Assembly on 25 November 1949 still resonates within contemporary Indian constitutional law, and even more so his following interrogation: ‘how long shall we continue to live this life of contradictions?’ Prima facie societal, the contradiction is however also a temporal (...) one, Indian constitutional law being founded on both the British traditional idea of ‘continuum’ and the American inspired revolutionary principles of ‘pursuance’ of a novel legal and social order. Two recent Indian Supreme Court decisions pertaining to the de-criminalisation of same sex relations ( Navtej Singh Johar v. Union of India) and for the right of menstruating women to enter the Sabarimala Temple in Kerala ( Indian Young Lawyers Association v. Union of India) offer through their differing and sometimes dissenting opinions a glimpse at those temporal contradictions. Through an analysis of both decisions and in particular that of Chandrachud J. and Malhotra J.’s judgements, this article seeks to highlight two radically differing conceptions of temporality applied to constitutional issues, which can themselves be linked back to the transposition of the legal positivist discourse in India within the colonial era: on the one hand, an attempt to continue Common law’s empirical-based tradition and on the other hand, an (apparently) a-historical perception of Law drawn from neo-Roman civilian legal discourse and later normative positivism. If both branches of legal reasoning aim at protecting minorities’ rights, the value they inscribe to History within the realm of Law cannot be further apart. (shrink)

Many generic sentences express stable inductive generalizations. Stable inductive generalizations are typically true for a causal reason. In this paper we investigate to what extent this is also the case for the generalizations expressed by generic sentences. More in particular, we discuss the possibility that many generic sentences of the form ‘ks have feature e’ are true because kind k have the causal power to ‘produce’ feature e. We will argue that such an analysis is quite close to a probabilistic (...) based analysis of generic sentences according to which ‘relatively many’ ks have feature e, and that, in fact, this latter type of analysis can be ‘grounded’ in terms of causal powers. We will argue, moreover, that the causal power analysis is sometimes preferred to a correlation-based analysis, because it takes the causal structure that gives rise to the probabilistic data into account. (shrink)

Exponential discounted utility theory provides the normative standard for future discounting as it is employed throughout the social sciences. Tracing the justification for this standard through economics, philosophy and psychology, I’ll make what I believe is the best case one can for it, showing how a non-arbitrariness assumption and a dominance argument together imply that discounting ought to be exponential. Ultimately, however, I don’t find the case compelling, as I believe it is deeply flawed. Non-exponential temporal discounting is often rational–indeed, (...) the paragon of rationality. If this is correct, it’s an important point when considering policy interventions. Instead of trying to “fix” non-exponetial discounting because it is irrational and associated with negative life outcomes, we might instead focus attention on why the conditions obtain that make such discounting rational. (shrink)

This volume considers the ethics of policing and imprisonment, focusing particularly on mass incarceration and police shootings in the United States. The contributors consider the ways in which non-ideal features of the criminal justice system―features such as the prevalence of guns in America, political pressures, considerations of race and gender, and the lived experiences of people in jails and prisons―impinge upon conclusions drawn from more idealized models of punishment and law enforcement. There are a number of common themes running throughout (...) the chapters. One is the contrast between idealism and realism about justice. Another is the attention to harmful consequences, not only of prisons themselves, but to the events that often precede incarceration, including encounters with police and pre-trial detention. A third theme is the legacy of racism in the United States and the role that the criminal justice system plays in perpetuating racial oppression. (shrink)

Today, it is widely accepted that the first to conceive the term and the discipline of bioethics was the German theologian and teacher Fritz Jahr from the city of Halle. Without knowing Jahr's ideas, the American oncologist Van Rensselaer Potter from Madison, Wisconsin, invented the notion of bioethics which, unlike in the case of Fritz Jahr, had a deep impact and spread all over the world. Although Jahr's bioethics somehow differed from that of Potter, they did share many crucial aspects, (...) one of which was their globality. Without explicit reference to it, nevertheless, Fritz Jahr's “globality” was based upon his broad readings including Far-Eastern sources and thinkers, while Van Rensselaer Potter explicitly formed his global bioethics, in the late 1980s, as a reaction to the narrowing-down of his earlier ideas. In that way, Jahr and Potter, like on many other points, came to the same result via different motives and pathways. (shrink)

The aim of this article is to set out a theory for treatment of criminals that rejects retributive justification for punishment; does not fall afoul of a plausible prohibition on using people merely as means; and actually works in the real world. The theory can be motivated by free will skepticism. But it can also be supported without reference to the free will issue, since retributivism faces ethical challenges in its own right. In past versions of the account I’ve emphasized (...) the quarantine analogy for incapacitation together with the value of rehabilitation and reintegration. Here I pay special attention to the permissibility and the limits of general deterrence. (shrink)

RESUMEN Si bien se han sondeado diversas fuentes a través de las cuales la tradición judeo-cristiana ha legitimado el especismo, seria injustamente parcial sostener que Occidente debe únicamente a su religión más popular e influyente el trato lesivo y discriminatorio hacia las demás especies. En diversas variantes, a partir de todo tipo de argumentos y supuestos, las jerarquías discriminatorias de especies no han constituido la excepción, sino más bien la regla. Esta tendencia, que está presente en diferentes cosmovisiones occidentales -y (...) aun entre teorías como las de Darwin, que dejan sin sustento teórico los fundamentos religiosos y metafísicos que suelen avalar tales prácticas especistas-, pone de manifiesto su relación sustancial con el problema de la destrucción en cuanto el ser humano ha explotado y hecho sistemáticamente desaparecer un sinfín de especies sobre la faz de la Tierra. ABSTRACT A wide range of sources is available to support the notion that the Judeo-Christian tradition has been instrumental in legitimizing speciesism. Nonetheless, it would be unfair to claim that the West's harmful and discriminatory attitude to other species proceeds solely from its historically dominant religious tradition. The construction of discriminatory species hierarchies has been the rule rather than the exception, proceeding from a variety of arguments and suppositions. This discriminatory tendency can be found in diverse Western cosmovisions; even in Darwinian theories which reject the theological and metaphysical underpinnings previously used to shore up speciesist practices. This pervasiveness suggests that the speciesist tendency is intimately bound up with the problem of destruction, understood here as the process by which human beings have exploited innumerable species, to the point of systematically rendering them extinct. (shrink)

Probability is a central concept in utilitarian moral theory, almost impossible to do without. I attempt to clarify the role of probability, so that we can be clear about what we are aiming for when we apply utilitarian theory to real cases. I point out the close relationship between utilitarianism and expected-utility theory, a normative standard for individual decision-making. I then argue that the distinction between “ambiguity” and risk is a matter of perception. We do not need this distinction in (...) the theory itself. In order to make this argument I rely on the personalist theory of probability, and I try to show that, within this theory, we do not need to give up completely on the idea that a “true probability” exists. Finally, I discuss several examples of applied utilitarianism, emphasizing the role of probability in each example: reasonable doubt, the precautionary principle in risk regulation, charity, climate change, and voting. (shrink)

Positive and negative feelings were central to the development of economics, especially in utility theory in classical economics. While neoclassical utility theory ignored feelings, behavioral economics more recently reintroduced feelings in utility theory. Beyond feelings, economic theorists use full-fledged specific emotions to explain behavior that otherwise could not be understood or they study emotions out of interest for the emotion itself. While some analyses display a strong overlap between psychological thinking and economic modelling, in most cases there is still a (...) large gap between economic and psychological approaches to emotion research. Ways how to reduce this gap are discussed. (shrink)

This paper applies moral foundations theory in the context of consumer ethics. The purpose of the study is to examine whether moral foundations theory can be utilised as a theoretical framework to explain consumers’ beliefs regarding both ethical and unethical consumption. The relationships among various moral foundations and different dimensions of consumer ethics are examined with a sample of 450 US consumers. The results demonstrate that, among the various moral foundations, only the sanctity/degradation foundation is negatively related to beliefs regarding (...) all forms of unethical consumer actions as well as ‘no harm, no foul’ actions. On the contrary, the care/harm, fairness/cheating and authority/subversion foundations are related to positive beliefs regarding ‘doing good’ actions. This indicates that moral motivations for supporting pro-social actions as a consumer are not necessarily the same as moral motivations for condemning unethical actions. The findings also demonstrate that the loyalty/betrayal foundation is positively related to beliefs regarding unethical consumer actions and negatively related to perceptions of pro-social consumer actions. This demonstrates that in-group loyalty leads to supporting unethical actions. Furthermore, the results show that various moral foundations mediate the relationships of idealism with consumers’ ethical beliefs. Hence, various moral foundations can explain the effects of personal variables on consumer ethics. (shrink)

The tenuous claims of cost-benefit analysis to guide policy so as to promote welfare turn on measuring welfare by preference satisfaction and taking willingness-to-pay to indicate preferences. Yet it is obvious that people's preferences are not always self-interested and that false beliefs may lead people to prefer what is worse for them even when people are self-interested. So welfare is not preference satisfaction, and hence it appears that cost-benefit analysis and welfare economics in general rely on a mistaken theory of (...) well-being. This essay explores the difficulties, criticizes standard defences of welfare economics, and then offers a new partial defence that maintains that welfare economics is independent of any philosophical theory of well-being. Welfare economics requires nothing more than anevidentialconnection between preference and welfare: in circumstances in which people are concerned with their own interests and reasonably good judges of what will serve their interests, their preferences will be reliable indicators of what is good for them. (shrink)

This is the conundrum that gives rise to the issue of tax avoidance: Although governments always seem to lack sufficient funds to support the needs of society, tax codes are often written that offer “a way out” of paying taxes for some but not all constituents. The ways out are referred to as loopholes that allow taxpayers to avoid taxes. This paper first defines the basic terms of tax avoidance and tax evasion and then offers an ethical review of the (...) morality of aggressive tax avoidance. Aggressive tax avoidance is then addressed in relationship a corporate entity’s tone at the top. The conclusion is drawn that use of the letter of the law to avoid payment of taxes sorely needed by governments for the good faith provision of public goods and services is ethically unacceptable. Several suggestions for change are provided, including a new financial statement disclosure and the possibility of a published corporate ethics report. (shrink)

In this article, we explore the world's response to the increasing impact of carbon emissions on the sobering threat posed by global warming: the carbon offset market. Though the market is a relatively new one, numerous offset providers have quickly emerged under both regulated and voluntary regimes. Owing to the lack of technical literacy of some stakeholders who participate in the market, no common quality or certification structure has yet emerged for providers. To the contrary, the media warns that a (...) relative "cowboy" atmosphere prevails in the current environment, and that there are "widespread instances of people and organizations buying worthless credits that do not yield any reductions in carbon emissions" (Harvey and Fidler, Financial Times, 2007). At this point in the evolution of the market, only a handful of offset provider-rating schemes exist; and, even these systems leave consumers with few answers when they seek to find a means by which to ensure that the said systems are having their intended impact. The purpose of this article is, first, to provide a grounded understanding of the nature of the offset market, a tendency toward carbon neutrality as a possible point of equilibrium, and the ethical tensions that surround it from the perspective of the consuming public. Second, we outline the standards environment for offset providers to illustrate most effectively the need for a single set of criteria among providers that is readily understandable by the common consumer stakeholder. We then explore the differences among the providers and articulate the specific criteria upon which providers may be evaluated by this particular stakeholder constituency, by bringing together best practices based on currently available analyses. Finally, we share the results of preliminary data collection in connection with 117 offset providers and highlight early findings. These findings allow us comparing providers effectively and efficiently on a common scale that services both providers, who thereby have greater guidance for self-assessment purposes, as well as consumer stakeholders, who then have the ability to make useful and more informed choices about carbon emission reduction in the future. (shrink)

Evidence-based medicine has always required integration of patient values with ‘best’ clinical evidence. It is widely recognized that scientific practices and discoveries, including those of EBM, are value-laden. But to date, the science of EBM has focused primarily on methods for reducing bias in the evidence, while the role of values in the different aspects of the EBM process has been almost completely ignored.

In this paper I show that penalties are not prices, and explain why the difference matters. In section one, I set up the problem which the following two sections will solve: namely, that it is easy enough to make certain kinds of penalties look just like prices. In section two, I lay out and dismantle an argument for reducing the former to the latter; and in section three I dismantle an argument for taking penalties and prices to be pragmatically equivalent, (...) on the grounds that the essential function of both is to attach costs to actions. (shrink)

John Stuart Mill based initially his conception of suicide on Hume's theory and on Bentham's moral arithmetic; nevertheless, he had a transforming experience in his youth, moment in which he longed for ending his life that he overcame reading the English romanticism. This article describes Mill's vision on the suicide, which he purposely silenced, through the conception of romanticism, of Hume and also of Adam Smith. Certainly, in the Theory of Moral Sentiments Smith was bold enough to criticize Hume's famous (...) defense of the suicide; however, in spite of the fact that the influence of The Wealth of the Nations in Mill has been widely studied, the possible influence of Smith’s moral theory in the overcoming of his mental crisis has been overlooked. (shrink)

Animal models are used in experiments in the behavioural neurosciences that aim to contribute to the prevention and treatment of cognitive and affective disorders in human beings, such as anxiety and depression. Ironically, those animals that are likely to be the best models for psychopathology are also likely to be considered the ones that are most morally problematic to use, if it seems probable that (and if indeed they are initially selected as models because) they have experiences that are similar (...) to human experiences that we have strong reasons to avoid causing, and indeed aim to alleviate (such as pain, anxiety or sadness). In this paper, against the background of contemporary discussions in animal ethics and the philosophy of animal minds, we discuss the views that it is morally permissible to use animals in these kinds of experiments, and that it is better to use less cognitively complex animals (such as zebrafish) than more complex animals (such as dogs). First, we criticise some justifications for the claim that human beings and more complex animals have higher moral status. We argue that contemporary approaches that attribute equal moral status to all beings that are capable of conscious strivings (e.g. avoiding pain and anxiety; aiming to eat and play) are based on more plausible assumptions. Second, we argue that it is problematic to assume that less cognitively complex animals have a lesser sensory and emotional experience than more complex beings across the board. In specific cases, there might be good reasons to assume that more complex beings would be harmed more by a specific physical or environmental intervention, but it might also be that they sometimes are harmed less because of a better ability to cope. Determining whether a specific experiment is justified is therefore a complex issue. Our aim in this chapter is to stimulate further reflection on these common assumptions behind the use of animal models for psychopathologies. In order to be able to draw more definite conclusions, more research will have to be done on the influence of cognitive complexity on the experience of (human and non-human) animals. (shrink)

O trabalho apresenta os três principais pontos de vista éticos que são predominantes, hoje, nas discussões da filosofia moral, a saber, a ética de virtudes, a deontologia e o conseqüencialismo. Ele revela os principais traços de cada teoria apontando os seus pontos positivos e negativos. Posteriormente, ele argumentaem favor de um enfoque conseqüencialista, isto é, por uma forma particular de utilitarismo.The paper presents the three main ethical views, namely virtue ethics, deontology andconsequencialism, which are predominant in moral philosophy nowadays. It (...) sorts out the main features ofeach theory pointing to the main advantages as well as to the main disadvantages of each approach.Afterwards, it argues for a consequentialist account of morals, that is, a particular form of utilitarianism. (shrink)

SummaryWithin thirty years from 1870, English physiology was transformed from a subsidiary branch of anatomy to an experimental school of international reputation. An inevitable consequence of this metamorphosis was disclosure of the intrinsic nature of the new discipline, in particular by Burdon Sanderson's Handbook for the Physiological Laboratory (1873). By transmitting Continental methods to England, the Handbook gave direction to its awakening science, and at the same time represented a provocative target for attacks by the antivivisectionists. In uncertain defence of (...) their methods, the beleaguered physiologists exposed awkward inconsistencies of word and deed that reflected fundamental (if not unique) problems of internal ethics and of public accountability. Though to many the discipline remained technically brutal and aesthetically coarse, the necessary suffering of the intuitionists' nightmares could soon, by the growing and undeniable impact of therapeutic medicine, be presented as a justifiable price for the utilitarian dream. (shrink)

How do contemporary publics understand happiness? What makes them experience it? Do conceptions and sources of their happiness vary across culturally different societies? This paper addresses these questions, utilizing the 2008 round of the AsiaBarometer surveys conducted in six countries scattered over four different continents. Analyses of these surveys, conducted in Japan, China, and India from the East; and the United States, Russia, and Australia from the West, reveal a number of interesting cross-cultural differences and similarities in the way the (...) people of the East and West understand and experience happiness. Specifically, the former are much less multidimensional than the latter in their conceptions of happiness. Yet, they are alike in that their sense of relative achievement or deprivation is the most pervasive and powerful influence on happiness. (shrink)

Les travaux récents ont permis de rendre justice à la théorie du langage qu’a élaborée Bentham et d’expliquer les enjeux théoriques de son attachement aux mots. Il est donc désormais possible de s’attacher à comprendre les enjeux langagiers à l’oeuvre dans les différents champs de la pensée benthamienne, et plus particulièrement au sein de sa théorie générale du droit. Dès lors, son projet de Nomographie semble aller de soi. Nous nous attacherons à montrer dans quelle mesure ce texte entend tirer (...) les conséquences de l’ensemble des acquis théoriques de la philosophie benthamienne et plus précisément comment il permet de penser les relations entre langage et droit pour aboutir à la constitution du droit comme système de contrôle social. (shrink)

This bibliography covers the Hume literature for 2010, and follows upon the annual update begun by Rolland Hall for the years 1977 through 1985 and continued by William Edward Morris for 1986 through 2003. This installment, like previous ones, excludes items published in Hume Studies, which are indexed annually in each November issue. Readers of Hume Studies may contact me at [email protected] with additions or corrections to any previous year, which can be noted in future installments. I am grateful to (...) all who have provided input on an earlier draft of this bibliography that was posted on the Internet. Aside from the yearly bibliographies published in Hume Studies, readers may find the following bibliographical .. (shrink)

This article provides a critique of the IWC's traditional focus on anthropocentric conservation in the governance of whaling. It is argued that this position, which relies on accepting the view that we have no direct moral duties to whales, is out of step with the moral status that now tends, in theory and practice, to be granted to animals. More specifically, anthropocentric conservation conflicts with the widespread acceptance, in theory and practice, that non-human animals such as whales have moral standing, (...) that what we do to them matters to them directly. This does not mean that whaling should necessarily be prohibited on ethical grounds, although the animal welfare analysis of whaling sketched in this article does suggest that, on balance, it is difficult to defend morally. Rather, it is being claimed that it is morally objectionable to deny, as the whaling nations do, that the IWC ought to be mandated to consider the welfare implications of whaling. (shrink)

Ethics, Policy & Environment, Volume 14, Issue 3, Page 361-375, October 2011.

It is widely accepted that one of the main objectives of government expenditure on health care is to generate health. Since health is a function of both length of life and quality of life, the quality-adjusted life-year (QALY) has been developed in an attempt to combine the value of these attributes into a single index number. The QALY approach - and particularly the decision rule that healthcare resources should be allocated so as to maximise the number of QALYs generated - (...) has often been equated with the utilitarian philosophy of maximising `the greatest happiness of the greatest number'. This paper considers the extent to which the measurement and aggregation of QALYs really is utilitarian by developing a new taxonomy in order to classify utilitarianism and the different aspects of the QALY approach. It is shown that the measurement of QALYs is consistent with a number of different moral positions and that QALYs do not have to be aggregated according to the maximisation rule. Therefore it is inappropriate to necessarily equate QALYs with utilitarianism. It is shown that much turns on what in principle the QALY represents and how in practice it can be operationalised. The paper highlights the category confusion that is often present here and suggests possible avenues for future theoretical and empirical research. (shrink)

This paper explores the impact of the Human Rights Act 1998 on decision making in adult social care in England and Wales. It focuses on a review of the Act by the government in June 2006 and subsequent new guidance on implementation addressed to policy makers, managers and practitioners. The meaning of ?rights? in contemporary legal and social theory is considered and the potential of human rights law to improve the experiences of service users is evaluated in the light of (...) recent research findings and proposed policy changes. (shrink)

The results of an empirical study intoperceptions of the treatment of farm animals inthe Netherlands are presented. A qualitativeapproach, based on in-depth interviews withmeat livestock farmers and consumers was chosenin order to assess motivations behindperceptions and to gain insight into the waypeople deal with possible discrepancies betweentheir perceptions and their daily practices.Perceptions are analyzed with the help of aframe of reference, which consists ofvalues, norms, convictions, interests, andknowledge.

Abstract Finding a moral justification for humanitarian intervention has been the objective of a great deal of academic inquiry in recent years. Most of these treatments, however, make certain arguments or assumptions about the morality of humanitarian intervention without fully exploring their precise philosophical underpinnings, which has led to an increasingly disjointed body of literature. The purpose of this essay, therefore, is to suggest that the conventional arguments and assumptions made about the morality of humanitarian intervention can be encompassed in (...) what is essentially a consequentialist framework. After a brief examination of consequentialist ethics, this essay reveals a number of morally relevant factors concerning humanitarian intervention, wherein I suggest that the general consensus in the literature on these factors constitutes ?commonsense morality?. In doing so, I argue that consequentialism as a theory of the right provides the best fit with commonsense morality on humanitarian intervention. This is important not only to reveal the precise philosophical underpinnings of the debate, but also to bring ethical, prudential and political considerations together in a coherent ethical discourse. (shrink)

Punishment and restitution are usually viewed as separate paradigms of criminal justice. However, in this dissertation I suggest that a practice of legal punishment can be justified in the context of a criminal justice system based exclusively on the criminal's obligation to make restitution for the losses he has wrongfully inflicted on others. My strategy is to show first that those who commit crimes bring about a significant loss for the members of their community in addition to harming the immediate (...) victims of their crimes, and second, that a practice of legal punishment constitutes a means by which criminals can make restitution to the members of the community for this loss. I suggest, then, that the members of the community are morally justified in instituting a practice of legal punishment in order to exact restitution for the loss they suffer as a result of criminal violations. ;The dissertation provides a reasonably systematic development of a restitutive theory of punishment. I begin by critically examining the major approaches that have been taken to the justification of punishment in order to provide some preliminary justification for taking a particular approach to this issue. I then outline a conception of justice that forms the basis of the theory of punishment I suggest. The central chapter contains an analysis of the different types of losses that result from criminal violations and a moral argument that justifies requiring criminals to make restitution for all of these losses. I also argue that given certain conditions, legal punishment constitutes a legitimate means by which the members of the community can exact restitution for the loss they have suffered. In the remainder of the dissertation I show that a restitutive theory of punishment both captures and illuminates much of the retributivist position, and I work out several of the specific implications of this analysis for the way in which a practice of legal punishment ought to be articulated. (shrink)

Some libertarians tend to advocate the wide availability of cognition-enhancing drugs beyond their current prescription-only status. They suggest that certain kinds of drugs can be a component of a prudential conception of the ‘good life’—they enhance our opportunities and preferences; and therefore, if a person freely chooses to use them, then there is no justification for the kind of prejudicial, authoritative restrictions that are currently deployed in public policy. In particular, this libertarian idea signifies that if enhancements are a prudential (...) ‘good’ for the user, then this can also be construed as a moral good for all rational agents. If this argument is successful, there can be no substantial distinction between the categorical benefits of enhancement, and what is labeled as an enhancement technology. In this paper, I argue that the exclusivity of egotistical choice, and an uncritical deployment of enhancement as a prudential good, underplays the role of a social and political community when creating a procedurally just and effective public policy. Principally, the argument is devoid of any ethical system to permit the external—and therefore public–appreciation of the social context of moral decisions. In effect, libertarian arguments of this sort must disregard any ideas of public ethics, because the liberty to use whatever means available to gain a socio-economic advantage actually extinguishes any professed legitimation strategy. Escaping the procedural aspects of public policy, which are considered integral to authoritative coherence, results in the erosion of any moral obligations. Thus, in a libertarian society, disenfranchised individuals—such as those harmed through addiction—are the unlucky or superfluous product of a liberal and ‘progressive’ society. (shrink)

The PRIME Institute of the College of Pharmacy, University of Minnesota, recently released preliminary research findings indicating a trend of extraordinary pharmaceutical industry pricing of drug products in the United States (U.S.). According to researchers at the PRIME Institute, such extraordinary price increases are defined as any price increase that is equal to, or greater than, 100% at a single point in time. In some instances, PRIME Institute researchers found that drugs exhibiting extraordinary price increases are categorized as "orphan drugs" (...) (or blood-related biologic treatments) and often life-saving or life-sustaining for treating the cause or symptoms of diseases affecting fewer than 200,000 people in the U.S., or where there is prevalence of less than 5 per 10,000 people afflicted with a disease or symptoms in the community. Because of extraordinary price increases for orphan drugs — some exceeding 1000% at a single point in time -this article addresses two interrelated questions: Are extraordinary orphan drug price increases socially responsible behavior? If so, are the pharmaceutical industry's policies providing orphan drug access to American consumers in dire need of available life-sustaining and life-enhancing pharmaceuticals considered "socially responsible" behavior? The author concludes, after an interdisciplinary analysis of the legal, economic, sociopolitical, and ethical dimensions of orphan drug pricing, that they are not socially responsible – unless justified by cost and availability of health care marketplace/patient options. Furthermore, the author recommends a socially responsible industry strategic approach to insure that patients ultimately receive -regardless of cost -timely access to life-saving and life-sustaining orphan drugs. (shrink)

Moore argued that his principle of organic unities, according to which the value of a whole is to be distinguished from the value of the sum of its parts, is consistent with a retributivist view of punishment: both crime and punishment are intrinsic evils but the combination of the crime with the punishment of its perpetrator is less bad in itself than the crime unpunished. Moore’s principle excludes any form of retributivism that regards the punishment of a guilty person as (...) an intrinsic good. Jonathan Dancy offers a different account of such unities on which, pace Moore, value does not necessarily stay the same from one context to another. This alternative account is defended, but still seems to create difficulties for various forms of retributivism. Key Words: Bentham • Dancy • Moore • organic unities • retribution. (shrink)

Over the last few decades, there has been an increasing interest in global consequentialism. Where act-consequentialism assesses acts in terms of their consequences, global consequentialism goes much further, assessing acts, rules, motives — and everything else — in terms of the relevant consequences. Compared to act-consequentialism it offers a number of advantages: it is more expressive, it is a simpler theory, and it captures some of the benefits of ruleconsequentialism without the corresponding drawbacks. In this paper, I explore the four (...) different approaches to global consequentialism made by Parfit, Pettit and Smith, Kagan, and Feldman. I break these up into their constituent components, demonstrating the space of possible global consequentialist theories, and I present two new theories within this space. (shrink)

This paper makes an attempt at the conceptual foundation of descriptive ethical theories in terms of evolutionary anthropology. It suggests, first, that what human social actors tend to accept to be morally valid and legitimate ultimately rests upon empirical authority relations and, second, that this acceptance follows an evolved pattern of hierarchical behaviour control in the social animal species. The analysis starts with a brief review of Thomas Hobbes'' moral philosophy, with special emphasis on Hobbes'' authoritarian view of moral validity (...) and of the common political origins and ultimate basis of legitimacy of moral and legal systems. Hobbes'' philosophical conceptions are then put into the context of Max Weber''s influential empirical theory of legitimacy, especially charismatic revelation and authority as the ultimate source of all moral, legal and religious obligations. Weber''s concept of charismatic authority is given a biobehavioural interpretation in terms of ritualised status signals indicating an individual''s superior physical and emotional dispositions to control the social actions of others. Various conclusions are drawn concerning the concept of moral validity and its possible evolutionary interpretations. (shrink)

Dialogic leadership as ethics method respects, values, and works toward organizational objectives. However, in those situations where there may be conflicts and/or contradictions between what is ethical and what is in the material interest of individuals and/or the organization, the dialogic leader initiates discussion with others (peers, subordinates, superiors) about what is ethical with at least something of a prior ethics truth intention and not singularly a value neutral, constrained optimization of organizational objectives. Cases are considered where dialogic leadership: (1) (...) helped build ethical organizational culture; (2) was effective; and, (3) as a by-product, produced integrative win-win results. Philosophical foundations for the method as well as differences between dialogic leadership and Theory X forcing leadership, Theory Y win-win integrative leadership, industrial democracy, participative management, action inquiry, and double-loop learning action science are explored. Limitations of the method are also explored. (shrink)