Jeremy Bentham's, hitherto known as, has recently appeared in definitive form in The Collected Works of Jeremy Bentham. The essay contains what is arguably the most influential critique of natural rights, and by extension human rights, ever written. Bentham's fundamental argument was that natural rights lacked any ontological basis, except to the extent that they reflected the personal desires of those propagating them. Moreover, by purporting to have a basis in nature, the language of natural rights gave a veneer of (...) respectability to what, in the case of the French Revolutionaries at least, were at bottom violent and selfish passions. Yet that having been said, Bentham had no objection to the notion of a right which expressed a moral claim founded on the principle of utility. However, the phrase better captured what was at stake, and avoided all the ambiguities otherwise associated with the word. (shrink)

In Wrongs and Crimes, Victor Tadros argues that wrongdoers acquire special duties to those they’ve wronged, and from there he generates wrongdoers’ duties to contribute to general deterrence by being punished. In support, he contends that my manipulation argument against compatibilism fails to show that causal determination is incompatible with the proposed duties wrongdoers owe to those they’ve wronged. I respond that I did not intend my manipulation argument to rule out a sense of moral responsibility that features such duties, (...) and that I don’t believe it does. In fact, I’m willing to accept a restricted version of Tadros’s proposal, and I explain how this addition modifies the self-defense-based position on deterrence that I’ve defended in the past. (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)

This paper features Derk Pereboom’s replies to commentaries by Victor Tadros and Saul Smilansky on his non-retributive, incapacitation-focused proposal for treatment of dangerous criminals; by Michael McKenna on his manipulation argument against compatibilism about basic desert and causal determination; and by Alfred R. Mele on his disappearing agent argument against event-causal libertarianism.

Each year millions of nonhuman animals are exposed to suffering in universities as they are routinely used in teaching and research in the natural sciences. Drawing on the work of Giroux and Derrida, we make the case for a critical pedagogy of nonhuman animal suffering. We discuss critical pedagogy as an underrepresented form of teaching in universities, consider suffering as a concept, and explore the pedagogy of suffering. The discussion focuses on the use of nonhuman animal subjects in universities, in (...) particular in teaching, scientific research, and associated experiments. We conclude that a critical pedagogy of nonhuman animal suffering has the capacity to contribute to the establishment of a practical animal ethics conducive to the constitution of a radically different form of social life able to promote a more just and non-speciesist future in which nonhuman animals are not used as resources in scientific research in universities. (shrink)

Culture is the most difficult thing about an organization to change in a lasting way. Our paper is predicated upon the idea that better ethics leadership through change is the foundation to more successful implementation of change. Ethical culture will enable the firm to initiate the change process from a stronger position: the obstacles to change such as mistrust, fear of uncertainty, failure of communication and empowerment will be easier to overcome in an atmosphere pursuing the ethically correct approach, combining (...) ethical leadership with an ethical corporate culture. Our idea goes one step beyond the virtuous change circle by incorporating a series of check points a leader can reference to stay on a course of change management based in good ethical principle that will lead to effective change. Our model incorporates the concept of values into the management of change; this allows for a more comprehensive approach to change management by the utilization of well-known change management principles used in conjunction with basic principles of ethics. We argue that the change leader can depend on this more comprehensive approach for a better assurance of ethical and therefore more effective change. Our idea also would be effective regardless of the type of change confronting the organization and/or the leaders of the firm. Our point is that, while change is by its nature hard and there is an inclination to resist change, with ethical change management, the firm has a better chance of success. (shrink)

Research in recent history has neglected to address the moral foundations of particular kinds of public policy such as the protection of intellectual property rights (IPRs). On the one hand, nation-states have enforced a tightening of the IPR system. On the other, only recently have national government and international institutions recognised that the moral justification for stronger IPRs protection is far from being plausible and cannot be taken for granted. In this article, IPRs are examined as individual rights founded upon (...) natural law, personality development, just reward and social utility. It is argued that these foundations cannot be philosophically sustained. IPRs constitute morally indefensible political developments which aim to reproduce the capitalist division of knowledge and labour at national, international and global levels. The need for such a critical approach to the moral foundations of IPRs has increased in importance as a consequence of their role in justifying corporate power, globalisation policies and harmonisation of such. (shrink)

Ratio Juris, Volume 34, Issue 4, Page 386-414, December 2021.

In this paper, I sketch out and assess two readings of Bentham's theory of meaning, one reductive (Section 2), the other quasi‐pragmatist (Section 3)—both implicating Bentham's ontological and epistemological views. I focus on the way these readings would understand Bentham's analyses of claims in moral and political discourse that rely on putatively normative notions such as obligations and rights, good and bad, and what ought to be the case. I conclude the paper by suggesting tentatively that the independent merits of (...) both readings could signal an irreconcilable tension at the heart of Bentham's thought (Section 4). (shrink)

The perspectives of the dominant Western ethical theories, have dominated the concepts of autonomy and informed consent for many years. Recently this dominant understanding has been challenged by ethics of care which, although, also emanates from the West presents a more nuanced concept: relational autonomy, which is more faithful to our human experience. By paying particular attention to relational autonomy, particularity and Process approach to ethical deliberations in ethics of care, this paper seeks to construct a concept of informed consent (...) from the perspective of ethics of care which is here called relational autonomy-in-informed consent. Thus, providing a broader theoretical basis for informed consent beyond the usual theoretical perspectives that are particularly Western. Care ethics provides such a broader basis because it appeals to a global perspective that encompasses lessons from other cultures, and this will help to enrich the current ideas of bioethics principles of autonomy and informed consent. This objective will be achieved by exploring the ethics of care emphasis on relationships based on a universal experience of caring; and by contrasting its concept of autonomy as relational with the understanding of autonomy in the approaches of the dominant moral theories that reflect rational, individualistic, and rights-oriented autonomy of the American liberalism. (shrink)

In a familiar moral dilemma faced by physicians who care for the dying, some patients who are within days or hours of death may experience suffering in a degree that cannot be relieved by ordinary levels of analgesia. In such cases, it may sometimes be possible to honor a competent patient's request for pain relief only by giving an injection of narcotics in a dosage so large that the patient's death is thereby hastened. Doctors rightly worry that taking an action (...) likely to result in a patient's death may violate the Hippocratic injunction against the direct killing of anyone in their care. (shrink)

In a familiar moral dilemma faced by physicians who care for the dying, some patients who are within days or hours of death may experience suffering in a degree that cannot be relieved by ordinary levels of analgesia. In such cases, it may sometimes be possible to honor a competent patient's request for pain relief only by giving an injection of narcotics in a dosage so large that the patient's death is thereby hastened. Doctors rightly worry that taking an action (...) likely to result in a patient's death may violate the Hippocratic injunction against the direct killing of anyone in their care. (shrink)

The desire to defend a state against attacks by a non-state actor requires thinking about counter-attacking without violating the sovereign equality of the territorial state because targeting a non-state actor on the territory of that state may violate its sovereignty. This paper evaluates the main views on self-defense by states against non-state actors by studying the Just War Theory and argues that self-defense against a non-state actor is allowed if the counter-attack complies with the principle of sovereign equality. Sovereign equality (...) is the prohibition of states from dominion over other states because states are equal to one another. This principle can be respected by allowing self-defense against non-state actors to occur only if the state consented to the use of force on its territory or if that state is incapable of controlling or unwilling to control the non-state actor. (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)

Most people agree that inflicting unnecessary suffering upon animals is wrong. Many fewer people, including among ethicists, agree that painlessly killing animals is necessarily wrong. The most commonly cited reason is that death (without pain, fear, distress) is not bad for them in a way that matters morally, or not as significantly as it does for persons, who are self-conscious, make long-term plans and have preferences about their own future. Animals, at least those that are not persons, lack a morally (...) significant interest in continuing to live. At the same time, some argue that existence itself can be good, insofar as one’s life is worth living. For animals, a good life can offset a quick, if early, death. So, it seems to follow that breeding happy animals that will be (prematurely) killed can be a good thing overall. Insofar as slaughter and sale makes it economically sustainable to raise new ones, who would otherwise not exist, raising and killing animals for food who will have lives worth living is good overall. It benefits them as well as consumers, and makes the world better by adding to the sum of happiness. The process of raising and killing animals with positive welfare produces a sequence of replacement that maintains or increases overall welfare, all else being equal (assuming in particular no overall negative impact on the welfare of other parties). Call this the Replaceability Argument (RA) and the ensuing controversy the Replaceability Problem (RP). This is a problem at the crossroads of the ethics of killing, agricultural ethics, procreation ethics, and population ethics. (shrink)

Confidence or trust is obviously a sort of reliance or dependence. Confidence is related to fiducia , which in turn is related to fido and to the Greek peitho . The latter term implies persuasion or persuasiveness. If we follow, as we should, the nuances hidden in these terms, we may assume that confidence is a reliance stemming from persuasion or accompanied by it. Confidence may be related to a person, including oneself, and in this sense we speak of self-confidence; (...) or it may be related to another person, either in the singular or in the plural, or even perhaps to the course of events at large, to history, to the cosmos, to God etc. It is in this sense that confidence is the opposite of or contradictory to fear. And Aristotle indeed placed the brave man between the two poles of fear and confidence. The man who exceeds in confidence is rash, and he who exceeds in fear and falls short in confidence is a coward. (shrink)

Although a distinction between moral-personal and moral-impersonal dilemmas (Greene, Sommerville, Nystrom, Darley, & Cohen, 2001 Greene, J. D., Sommerville, R. B., Nystrom, L. E., Darley, J. M. and Cohen, J. D. 2001. An fMRI investigation of emotional engagement in moral judgement. Science, 293: 2105–2108. doi:10.1126/science.1062872.[Crossref], [PubMed], [Web of Science ®], [Google Scholar]) has been widely accepted as an explanation for a difference between the trolley and footbridge dilemmas (Thomson, 1985 Thomson, J. J. 1985. “The trolley problem”. In Ethics: Problems and (...) principles, Edited by: Fischer, J. M. and Ravizza, M. Fort Worth, TX: Harcourt Brace Jovanovich. [Google Scholar]), its psychometric properties remain a mystery. In this study 219 participants completed 62 moral dilemma tasks used in Greene et al. (2001 Greene, J. D., Sommerville, R. B., Nystrom, L. E., Darley, J. M. and Cohen, J. D. 2001. An fMRI investigation of emotional engagement in moral judgement. Science, 293: 2105–2108. doi:10.1126/science.1062872.[Crossref], [PubMed], [Web of Science ®], [Google Scholar]), and the correlation structure among the dilemmas was analysed through factor analysis and structural equation modelling. Findings suggest that, first, moral-personal dilemmas are composed of one factor, indicating that the assumption in Greene et al. (2001 Greene, J. D., Sommerville, R. B., Nystrom, L. E., Darley, J. M. and Cohen, J. D. 2001. An fMRI investigation of emotional engagement in moral judgement. Science, 293: 2105–2108. doi:10.1126/science.1062872.[Crossref], [PubMed], [Web of Science ®], [Google Scholar]) was supported. Second, moral-impersonal dilemmas are explained by two factors that reflect procedural and consequential aspects of decision making. Third, the trolley and footbridge dilemmas fall under the same factor category; therefore the difference between the two dilemmas cannot be attributed to emotional involvement. Additionally, the results of the structural equation modelling suggest that they differ in the engagement of rational processing. (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)

For a long time, it seemed that Aristotelians and Kantians had little to say to each other. When Kant the moralist was known in the English-speaking world primarily from his Groundwork and his Critique of Practical Reason, Kant's conceptual vocabulary of “duty,” “law,” “maxim,” and “morality” appeared quite foreign to Aristotle's “virtue,” “end,” “good,” and “character.” Yet ever since philosopher Mary Gregor's Laws of Freedom, published in 1963, made Kant's The Metaphysics of Morals central to the interpretation of his ethical (...) thought, it has become clear that such “Aristotelian” terms as virtue, end, good, happiness, and character are also central to Kant. Aristotelians and Kantians now see that they have plenty to say to each other, and they have gone from being adversaries to sharing a sometimes unprincipled urge to merge central aspects of Aristotle's and Kant's ethical thought. (shrink)

The idea that animals should have the right to vote sounds preposterous. Accordingly, most authors who have touched on the issue dismiss it in few words as obvi.

This is a critique of Timothy Hsiao’s ‘A Moral Defense of Trophy Hunting.’ I argue that Hsiao’s arguments on pain, consciousness, behavior, cruelty, and necessity all fail. More importantly, I argue against his broader conclusion that non-human animals ‘do not have any inherent moral significance.’ My conclusion is that Hsiao’s moral defense of trophy hunting fails.

Yaffe's handling of two general questions is assessed in this review. The first question is why mere attempts (as opposed to successful wrongdoing) should be made punishable in a well-conceived criminal code. The second question is how attempt liability should be conceived in such a code. As to the first question, Yaffe's nonsubstantive mode of answering it (in terms of his ) is contrasted to answers based on some more substantive desert-bases; Yaffe's own more substantive kind of answer (in terms (...) of a desert-base of ) is examined in light of the implication that the traditional requirements of trying and intending are mere proxies for faulty reason recognition and response as the basis for blaming and punishing attempts. As to the second question, Yaffe's analysis of trying in terms of a is examined in some detail. Canvassed here are the subquestions of: (1) whether appropriate assessibility by certain norms of rationality can give the nature of intending and thus of trying; (2) whether the externally de dicto intent requirements of criminal law statutes can easily be interpreted and applied by standard, extensional methods; (3) whether the distinctions between various kinds of elements within the content of intentions, can be justified ontologically or only practically; (4) whether actors necessarily intend results of their actions that are to other results that clearly are intended, and if not, whether such actors are nonetheless just as blameworthy for those results as if they did intend them; and (5) whether intention with respect to circumstance-elements differ (in either their psychology or in their moral effect) from beliefs with respect to such circumstance-elements. (shrink)

In this paper, I outline a reductio against Stanford’s “New Induction” on the History of Science, which is an inductive argument against scientific realism that is based on what Stanford (2006) calls “the Problem of Unconceived Alternatives” (PUA). From the supposition that Stanford’s New Induction on the History of Science is cogent, and the parallel New Induction on the History of Philosophy (Mizrahi 2014), it follows that scientific antirealism is not worthy of belief. I also show that denying a key (...) premise in the reductio only forces antirealists who endorse Stanford’s New Induction on the History of Science into a dilemma: either antirealism falls under the axe of Stanford’s New Induction on the History of Science or it falls under the axe of the New Induction on the History of Philosophy. (shrink)

The relationship between law and coercion has been, and still is, a central topic in legal philosophy. Despite this, discussion about it is immersed in confusion. Some philosophers have noticed this, but hardly any work has been done to attempt to solve or even identify the confusions. This paper aims to fill this gap. Here I propose distinctions and qualifications that help us clarify the relationship between law and coercion and avoid confusion. Building on the clarificatory work, I then argue (...) that despite there being several distinct philosophical discussions about the relationship between law and coercion, one of them should be prioritised. (shrink)

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)

Opponents to consciousness in fish argue that fish do not feel pain because they do not have a neocortex, which is a necessary condition for feeling pain. A common counter-argument appeals to the multiple realizability of pain: while a neocortex might be necessary for feeling pain in humans, pain might be realized differently in fish. This paper argues, first, that it is impossible to find a criterion allowing us to demarcate between plausible and implausible cases of multiple realization of pain (...) without running into a circular argument. Second, opponents to consciousness in fish cannot be provided with reasons to believe in the multiple realizability of pain. I conclude that the debate on the existence of pain in fish is impossible to settle by relying on the multiple realization argument. (shrink)

Francis Bacon's concept of the ‘vexations of art’ entailed experimentation as an intervention into nature for the purpose of extracting its secrets. Although the standard edition of Bacon's works by Spedding, Ellis and Heath and the new Oxford edition by Graham Rees translate the phrase vexationes artium as the ‘vexations of art’, a significant number of scholars, translators and editors from the seventeenth century to the present have read Bacon's Latin as the ‘torment’ or ‘tortures of art’. Here I discuss (...) these latter interpretations and speculate on the reasons for their association of the term with experimentation. While it may not be possible to say with certainty what Bacon meant by ‘vexation’, the context of his thought, the rich set of metaphors on which he drew and the interpretations of dozens of scholars over four centuries would seem to favour assigning a robust, interventionist meaning to vexare. (shrink)

Faced with the disenchantment and disengagement expressed by their employees, business leaders are considering ways of incorporating more benevolence into managerial practices. Nevertheless, ‘benevolence’—care and concern for the well-being of others—has not yet been studied in an organizational profit-focused context. In this paper, we seek to investigate the emergence and practice of benevolence with an eye on profit and performance. We begin by investigating the main ethical approaches to benevolence—virtue ethical, utilitarian, and deontological. Then, based on an empirical study, we (...) identify two distinct types of benevolence. On the one hand, formal benevolence is defined and monitored by the organizational processes and actions of leaders; it is understood by all concerned to be bounded by organizational performance. On the other hand, informal benevolence exists at the margin of these processes, in interpersonal and discretionary relationships. We set out to analyze these two types of benevolence and the complementarity between them. We also discuss to what extent they can be managed, teasing out some implications for managers and some potential avenues for further research. (shrink)

Philosophers traditionally have been concerned both to explain intentional behavior and to evaluate it from a moral point of view. Some have maintained that whether actions (and their consequences) properly count as intended sometimes hinges on moral considerations - specifically, considerations of moral responsibility. The same claim has been made about an action's properly counting as having been done intentionally. These contentions will be made more precise in subsequent sections, where influential proponents are identified. Our aim in this paper is (...) to show that familiar defenses of these more precise claims are unpersuasive and that the claims do not merit acceptance. Our concern, more broadly, is to illuminate the place occupied by intention and intentional action in a conceptual scheme suited both to explanatory needs in the philosophy of mind to evaluative needs in moral philosophy. (shrink)

In this paper we present a modern version of the classic theory of “ultimate psychological hedonism” . As does the UPH, our two-dimensional model of metatelic orientations also postulates a fundamentally hedonistic motivation for any human action. However, it makes a distinction between “telic” or content-based goals of actions and “metatelic” or emotional reasons for actions. In our view, only the emotional reasons for action, but not the goals of action, conform to the UPH. After outlining our model, we will (...) elucidate the similarities and differences between our model and classic UPH. In this context we will clarify several basic misconceptions regarding classic UPH. In a next step, two major criticisms of the theory of ultimate psychological hedonism will be discussed, that is the statement that the hedonistic principle has no motivating effect at all and the argument that the hedonistic motivation is only one of many motivations of human actions. We believe that both of these arguments can be refuted. Finally, we will discuss the compatibility of our model with evolutionary theory. (shrink)

Ofsted requires UK schools to help students understand the working world and gain employability skills. However, the aims of education are much broader: Education should enable flourishing long after leaving school. Therefore, students’ career decisions should be conducive to long-term flourishing beyond career readiness and educational attainment. In this mixed-methods study, we asked a representative sample of UK adults to reflect on their career decision-making processes at school and at university. We also measured current levels of self-reported objective (e.g., financial (...) security) and subjective (e.g., subjective well-being) flourishing. The open-ended career decision reflections were coded for three moral reasoning strategies: virtue ethical, consequentialist, and deontological. Using correlations and structural equation modelling, we examined the association between the propensity for using each moral reasoning strategy in past career decisions and current flourishing. Virtue ethical moral reasoning in relation to career decision-making predicted aspects of flourishing most strongly and frequently. Consequentialist reasoning weakly and infrequently positively predicted aspects of flourishing. Deontological reasoning either did not predict flourishing at all, or negatively predicted flourishing. Our results suggest that the reasoning strategy behind career decisions people take in school or university is important to consider in UK careers provision, and current best practice. (shrink)

I argue that debates about virtue are best settled by clearly distinguishing two questions:What sort of character trait is there reason to cultivate?What sort of character trait is there reason to admire?With this distinction in mind, I focus on recent accounts of what consequentialists ought to say about virtue, arguing that:The instrumentalist view of virtue accepted by many prominent consequentialists should not be accepted as the default view for consequentialists to hold.The main rival view, the appropriate response account, not only (...) avoids the major objection facing the instrumental view, but gives the correct diagnosis of where it goes wrong.Two objections that seem to face the appropriate response account can in fact be convincingly met in ways which leave it looking stronger.The appropriate response account is also to be preferred to a disjunctive view or a mixed view. (shrink)

Bovine tuberculosis is an important animal health policy issue in Britain, which impacts farmers, the public, domestic farmed cattle and the wild badger population. The Westminster government’s badger culling policy in England, which began in 2013, has caused considerable controversy. This is in part because the Independent Scientific Group advised against culling, based on the Randomised Badger Culling Trial. Those opposed to badger culling support more stringent cattle-based measures and the vaccination of badgers. This paper argues for ethical analysis of (...) public policy options which impact sentient species. It provides a summary Animal Welfare Impact Assessment of a do-nothing approach, badger culling, and badger vaccination. A utilitarian analysis is then applied to these policy options considering human wellbeing and animal welfare. The analysis compares a badger culling policy that achieves a 19% reduction in bovine TB incidence, a badger vaccination model achieving a 12.5% reduction, and a do-nothing approach. Policy options are assessed over 9 years and a longer timeframe, and uncertainty is considered. The analysis finds that non-culling approaches, particularly badger vaccination, result in greater total utility, compared to badger culling. Badger culling causes 30% reduction in the badger population in England as well as substantial harms due to the culling process. Culling is opposed by public opinion and is associated with considerable risks and uncertainty. In contrast, non-culling approaches, such as cattle-based measures and badger vaccination, are supported by public opinion and are not associated with such risks. (shrink)

The author argues Ayn Rand made a genuinely novel, but often overlooked and underappreciated, contribution in her synthesis of Aristotelianism and liberalism. Aristotelianism, a philosophy of flourishing, and liberalism, a politics of freedom, have been viewed throughout history as largely incompatible doctrines, often understandably so. The author discusses the history of these concepts, especially their tensions, as a backdrop to further explore and contextualize the work of Rand, who argued that Aristotelian ideas about flourishing and liberal ideas about freedom are (...) natural allies, and in fact strengthen each other. Rand’s “Aristotelian liberalism” is a fruitful synthesis. (shrink)

This paper argues that James Mill is worthy of greater study than he now receives. It outlines the course of scholarship on James Mill, and considers various hypotheses to explain the decline of interest in his writings. Two examples, in education and penal theory, are presented of cases in which James Mill's views differed significantly from Bentham's, and anticipated those of John Stuart Mill.

Abstract:Neuroscience affords knowledge that can be leveraged in the ontological valuation of individuals, groups, and species. Sociocultural sentiments, norms, and mores may impede embracing such knowledge to revise moral attitudes, ethics, and policies. We argue that the practices of neuroethics will be valuable in that they ground ethico-legal discourse in (1) naturalistic philosophy; (2) the current epistemological capital of neuroscience; (3) the issues, problems, and solutions arising in and from neuroscientific research and its applications; and 4) the use of neurocentric (...) criteria—such as painience—to define and resolve ethical decisions regarding attitudes toward and treatment of nonhuman animals. (shrink)

David Hume, Adam Smith, Jeremy Bentham and John Stuart Mill are often viewed as contributors to or participants in a common tradition of thought roughly characterized as ‘the liberal tradition’ or the tradition of ‘bourgeois ideology’. This view, however useful it may be for polemical or proselytizing purposes, is in some important respects historiographically unsound. This is not to deny the importance of asking what twentieth-century liberals or conservatives might find in the works of, say, David Hume to support their (...) respective ideological persuasions. It is only to insist that attempts to use selected arguments, or parts of arguments, from great eighteenth-century thinkers to shore up twentieth-century programmatic political positions must be categorically distinguished from attempts to understand what Hume, Smith, Bentham or Mill actually meant, or could imaginably have meant, to say. (shrink)

The concept of legal power is important in the law since, with regard to actions having legal effect, the “exercise of legal power” delimits those actions for which manifestation of intention to achieve a legal effect is essential for the effect to ensue. The paper proposes a definition that captures this feature of legal power and marks it off from “direct effect,” as well as from permissibility and practical ability to achieve the legal effect. This analysis of power is limited (...) to the “immediate” legal power of a physical person characterized by the power-holder achieving a legal result by the power-holder's own behaviour. It is argued that in the literature on power the concept of legal power is frequently construed in such a way that it becomes either too broad or too narrow. (shrink)

Political contestability is an important issue in the ethical analysis of corporate political activity (hereafter CPA). Though previous studies have proposed analytical frameworks for creating contestable political systems, these studies conceive firm-level factors such as size and wealth as the main (and perhaps, only) determinants of contestability. This relegates the influences of informal managerial-level attributes such as tribalism, especially in ethnically diverse contexts where politics and tribe are inseparable. In this article, I explore the linkages between managers’ tribal identity and (...) political contestability among firms in Ghana. I found that contestability is affected by _tribal consonance_ (similarity) and _tribal dissonance_ (difference) between corporate executives and policymakers. I also found that dissonance creates _liability of tribe_, which causes contestability problems in all four stages of the CPA process—i.e., _political planning_, _political access, political voice_, and _political influence_. Overall, this article extends the micro–macro link of political connections from performance to the ethics of political competition and contestability. It offers important contributions to the literature, advances insightful implications for practice, and outlines useful future research directions. (shrink)

While support for corporate political activity (CPA) is well echoed in the literature, little has been done to empirically examine its ethicality. Moreover, existing ethical CPA frameworks assume normative and rational leanings that are insufficient to provide a comprehensive account of CPA ethicality. Utilizing the Ghanaian context, adopting a multiple case study design involving 28 Directors from 22 firms, and employing a grounded theory approach, I explore how the ethicality of CPA is determined in weak institutional environments. The findings reveal (...) that business executives evaluate ethics at three levels (i.e. context, organizational and strategy) using three principles (i.e. utilitarianism, justice and institutions). Leveraging this knowledge, I present an eclectic framework that bridges the long-standing gap between normative ethical prescriptions and lived ethical realities. In doing so, I move away from abstraction to give “voice” to the actors involved in CPA. I also present a model that shows how the ethical judgement process is influenced by managerial intuition and interactive personal and organizational experiences. This article has important theoretical and practical implications for ethical business-government relations in developing countries. (shrink)

A paedophile is a person with a sexual attraction to children; some paedophiles commit child sex abuse offences. For such acts, they hold moral and legal responsibility, which presupposes that paedophiles are moral agents who can distinguish right from wrong and are capable of self-control. Like any other moral agents, paedophiles have moral duties. Some moral duties are universal, e.g., the duty not to steal. Whether there are any specific moral duties related to paedophilia is the topic of this paper. (...) I argue that the moral duty not to commit child sex abuse is universal, and the duty to reduce the individual risk of child sex abuse is specific to paedophiles. I further argue that any society has a moral duty to help paedophiles reduce the risk. Both duties provide grounds for moral judgement. Paedophiles should be judged not for their sexual interest but for their efforts to avoid child sex abuse. If a paedophile has an opportunity to reduce the risk of child sex abuse, he is obliged to do so. Unfortunately, societies rarely provide such opportunities and hence fail in their moral duty to paedophiles and children. (shrink)

This article examines the nature of individual goods, public goods, and the common good in the context of the Coronavirus Disease 2019 (COVID). ‘Common’ in ‘common good’ is what applies to all persons without exception, and ‘good’ is what contributes to human flourishing. The common good is regarded as the communion of persons in good living. Addressing the relationship between the economy and society, it is proposed that the marketplace subsists within society. Acknowledging that we are deeply connected, the article (...) employs the philosophies of MacIntyre, Maritain and Sandel to highlight the importance of reciprocity, relationships, and generosity as characteristics of the common good. Two narratives in the public discourse are observed in these COVID days – one characterised by fear and selfishness, the other by hope and generosity. The author recognises that this pandemic can be conceived as a ‘wicked’ problem in a ‘volatile, uncertain, complex, and ambiguous’ world, and implications for leaders and citizens in managing COVID are suggested. (shrink)

Utilitarianism has been able to respond to many of the objections raised against it by undertaking a major revision of its theory. Basically, this consisted of recognising that its early normative propositions were only viable for agents very different from flesh-and-blood humans. They then deduced that, given human limitations, it was most useful for everyone if moral agents did not behave as utilitarians and habitually followed certain rules. Important recent advances in neurotechnology suggest that some of these human limitations can (...) be overcome. In this article, after presenting some possible neuro-enhancements, we seek to answer the questions, first, of whether they should be accepted by a utilitarian ethic and, second, if accepted, to what extent they would invalidate the revision that allowed them to escape the objections. (shrink)

The role of ethicists is to provide a genuine ethical theory to help non-ethicists interpret and solve moral dilemmas, to define what is right or wrong, and, finally, to clarify moral values. Therefore, ethicists are taught to address morality with rational procedures, to set aside their moral intuitions and emotions. Sometimes, professional ethicists are prone to falling into the archangel delusion – the belief that they are beyond the influence of their own emotions. This can lead to ousting moral intuitions (...) from the space of ethical reflection, thus making ethicists unaware of them. They may treat intuitive beliefs about morality as an expression of primal moral feelings. The main question pursued in this article, is how those feelings may influence moral theories, which should be developed by professional ethicists. Ethicists may provide an ethical theory which is merely a rationalisation and justification for their own suppressed moral emotions, rather than the effect of genuine, rational moral reasoning. To help ethicists cope with this delusion, a model of cooperation between descriptive and normative ethics is proposed. Ethicists should therefore use the research tools of descriptive ethics to determine their own intuitions, and the moral emotions in which these intuitions are grounded. --------------- Received: 09/06/2021. Reviewed: 23/07/2021. Accepted: 13/08/2021. (shrink)

Doctors and nurses at the neonatal intensive-care unit at The University Hospital, Rigshospitalet, in Copenhagen, Denmark regularly find themselves in ethically challenging and potentially distressing situations concerning the life of ill newborn babies. In collaboration with the neonatal intensive-care unit, my project was to develop a method that could stimulate systematically dialogical moral inquiry within everyday clinical practice. My four months of ethnographic fieldwork at the neonatal intensive-care unit generated four fundamental themes that make up the scaffold of the developed (...) model for ethical deliberation and decision making. The model is a reflective tool to be used by health care professionals in situ. It provides a structured and a systematic framework for dialogue that can clarify the obscurities of a case and give argumentative support for ethical decisions. This article explains how the 4C model was developed and whereof it consists. (shrink)