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)

ABSTRACT Jeremy Bentham is often thought to have set the groundwork for the modern ‘animal liberation’ movement, but in fact he wrote little on the subject. A full examination of his work reveals a less radical position than that commonly attributed to him. Bentham was the first Western philosopher to grant animals equal consideration from within a comprehensive, non-religious moral theory, and he was a staunch defender of animal welfare laws. But he also approved of killing and using animals, as (...) long as pointless cruelty could be avoided. The nuances of his position are best brought out by comparing it to that of Peter Singer, who draws considerably more radical practical conclusions. This is not primarily explained by competing formulations of utilitarianism, however, but by different empirical background assumptions about the lives of animals. (shrink)

The Hybrid View endorses utilitarianism about animals and rejects utilitarianism about humans. This view has received relatively little sustained attention in the philosophical literature. Yet, as we show, the Hybrid View underlies many widely held beliefs about zoos, pet ownership, scientific research on animal and human subjects, and agriculture. We develop the Hybrid View in rigorous detail and extract several of its main commitments. Then we examine the Hybrid View in relation to the view that human use of animals constitutes (...) a special relationship. We show that it is intuitively plausible that our use of animals alters our moral obligations to animals. That idea is widely believed to be incompatible with the sort of utilitarian approach in animal ethics that is prescribed by the Hybrid View. To overturn that conventional wisdom, we develop two different principles concerning the moral significance of human use of animals, which we call the Partiality Principle and the Strengthening Principle. We show that the Partiality Principle is consistent with several key commitments of the Hybrid View. And, strikingly, we show that the Strengthening Principle is fully consistent with all of the main commitments of the Hybrid View. Thus we establish the surprising result that utilitarians about animals can coherently offer a robust and intuitively appealing account of the moral significance of animal use. (shrink)

In the United States of America, and in much of the world, corporations are afforded a great deal of rights to both protect themselves and others against legal action and mistreatment. To gain these rights, they defended themselves or were defended many times throughout the years in courts under the framework of “legal personhood”—but this same legal personhood is not afforded to most actual living creatures. There is enough similarity in the legal framework afforded to corporations that should be afforded (...) to animals as well, and more than enough evidence to show that it is increasingly necessary to protect and expand animal rights in this way. The argument is simple: because of their sentience, cognition, and emotional intelligence, animals deserve legal personhood. If we can make the argument that a corporation, which is incapable of these things listed above, should have certain unalienable rights, then it is illogical for us to make the argument that animals should not. (shrink)

Between 1787, and the end of his life in 1832, Bentham turned his attention to the development and application of economic ideas and principles within the general structure of his legislative project. For seventeen years this interest was manifested through a number of books and pamphlets, most of which remained in manuscript form, that develop a distinctive approach to economic questions. Although Bentham was influenced by Adam Smith's An Inquiry into the Nature and Causes of the Wealth of Nations, he (...) neither adopted a Smithian vocabulary for addressing questions of economic principle and policy, nor did he accept many of the distinctive features of Smith's economic theory. One consequence of this was that Bentham played almost no part in the development of the emerging science of political economy in the early nineteenth century. The standard histories of economics all emphasize how little he contributed to the mainstream of late eighteenth and early nineteenth-century debate by concentrating attention on his utilitarianism and the psychology of hedonism on which it is premised. Others have argued that the calculating nature of his theory of practical reason reduced the whole legislative project to a crude attempt to apply economics to all aspects of social and political life. Put at its simplest this argument amounts to the erroneous claim that Bentham's science of legislation is reducible to the science of political economy. A different but equally dangerous error would be to argue that because Bentham's conception of the science of legislation comprehends all the basic forms of social relationships, there can be no science of political economy as there is no autonomous sphere of activity governed by the principles of economics. This approach is no doubt attractive from an historical point of view given that the major premise of this argument is true, and that many of Bentham's ‘economic’ arguments are couched in terms of his theory of legislation. Yet it fails to account for the undoubted importance of political economy within Bentham's writings, not just on finance, economic policy, colonies and preventive police, but also in other aspects of his utilitarian public policy such as prison reform, pauper management, and even constitutional reform. All of these works reflect a conception of political economy in its broadest terms. However, this conception of political economy differs in many respects from that of Bentham's contemporaries, and for this reason Bentham's distinctive approach to problems of economics and political economy has largely been misunderstood. (shrink)

This paper explores happiness as an aim of education, particularly schooling. What role does happiness play in philosophy of education? How do critics view the aims of public schooling today and its relation to happiness? Is happiness embedded in the concept of education as an aim of education? The paper explores happiness—understood inclusively as a positive mental state—by examining the relevant literature from various disciplines. It looks briefly at critical views of current trends in public school practice and concludes that (...) happiness is not a central concern in present public school practice. Turning to philosophy of education, the author finds that happiness has been considered in relation to the philosophical conception of the human self and consequently eudaimonia has been prioritized over hedonia. The paper concludes by proposing that happiness is an appropriate and valid aim of education and schooling based on the normative implications of the concept of education. (shrink)

Ratio Juris, Volume 35, Issue 1, Page 55-70, March 2022.

Hume famously argues that Social Contract theory collapses into a form of utilitarianism. Bentham endorses Hume's argument. I show that, if Hume's argument refutes Social Contract theory, it equally undermines Bentham's own utilitarian account of political obligation. This discussion is used to illustrate a more general thesis that there is no single problem of political obligation, but different problems for different theorists.

“Utility,” in plain English, means usefulness. In Australia, a ute is a useful vehicle. Jeremy Bentham specialized the meaning to a particular sort of usefulness. “By utility,” he said, “is meant that property in any object, whereby it tends to produce benefit, advantage, pleasure, good, or happiness or to prevent the happening of mischief, pain, evil, or unhappiness to the party whose interest is considered”. The “principle of utility” is the principle that actions are to be judged by their usefulness (...) in this sense: their tendency to produce benefit, advantage, pleasure, good, or happiness. When John Stuart Mill spoke of the “perfectly just conception of Utility or Happiness, considered as the directive rule of human conduct,” he was using “Utility” as a short name for this principle. “The greatest happiness principle” was another name for it. People who subscribed to this principle came to be known as utilitarians. (shrink)

Conviction Narrative Theory (CNT) is a theory of choice underradical uncertainty– situations where outcomes cannot be enumerated and probabilities cannot be assigned. Whereas most theories of choice assume that people rely on (potentially biased) probabilistic judgments, such theories cannot account for adaptive decision-making when probabilities cannot be assigned. CNT proposes that people usenarratives– structured representations of causal, temporal, analogical, and valence relationships – rather than probabilities, as the currency of thought that unifies our sense-making and decision-making faculties. According to CNT, (...) narratives arise from the interplay between individual cognition and the social environment, with reasoners adopting a narrative that feels “right” to explain the available data; using that narrative to imagine plausible futures; and affectively evaluating those imagined futures to make a choice. Evidence from many areas of the cognitive, behavioral, and social sciences supports this basic model, including lab experiments, interview studies, and econometric analyses. We identify 12 propositions to explain how the mental representations (narratives) interact with four inter-related processes (explanation, simulation, affective evaluation, and communication), examining the theoretical and empirical basis for each. We conclude by discussing how CNT can provide a common vocabulary for researchers studying everyday choices across areas of the decision sciences. (shrink)

Recent years have seen a growing interest among psychologists for debates in moral philosophy. Moral psychologists have investigated the causal origins of the opposition between utilitarian and deontological judgments and the psychological underpinnings of people’s beliefs about the moral status of animals. One issue that remains underexplored in this research area is the relationship between people’s disposition to engage in utilitarian thinking and their attitudes towards animals. This gap is unfortunate considering the tight philosophical connection between utilitarianism and the claim (...) that animals have the same moral status as humans. Indeed, the principle of utility leads naturally enough to the view that animals count every bit as much as human beings. In this paper, we report two empirical studies dedicated to bridging this gap. In Study 1, we looked at the relationship between attitudes towards animals and utilitarian judgments in the context of sacrificial dilemmas. In Study 2, we bypassed the problems raised by the use of such dilemmas as a measure of utilitarianism by relying on other types of thought experiments. Overall, our results suggest no strong correlation between utilitarianism and attitudes towards animals. Rather, the existence of a correlation between utilitarianism and attitudes towards animals very much depends on how both are measured. (shrink)

Concepción Arenal fue reconocida y muy valorada por reputados reformadores sociales de la época como Enoch Cobb Wines, quien decía que la propuesta de aquella se asemejaba a la doctrina de Jeremy Bentham (Wines, 1880). A nuestro entender, la aportación de Arenal se aproxima más al utilitarismo de John Stuart Mill. Por ello, el objetivo de este estudio consiste en explicar y comparar las aportaciones de Concepción Arenal y de John Stuart Mill, aproximándonos así a planteamientos que se originan en (...) la órbita del pensamiento ilustrado para clarificar el sentido ético que la autora atribuye a la utilidad y al interés. (shrink)

Utilitarianism could still be a viable moral and political theory, although an emphasis on justice as distributing burdens and benefits has hidden this from current conversations. The traditional counterexamples prove that we have good grounds for rejecting classical, aggregative forms of consequentialism. A nonaggregative, liberal form of utilitarianism is immune to this rejection. The cost is that it cannot adjudicate when the basic needs of individuals or groups are in conflict. Cases like this must be solved by other methods. This (...) is not a weakness in liberal utilitarianism, on the contrary. The theory clarifies what we should admit to begin with: that ethical doctrines do not have universally acceptable solutions to all difficult problems or hard cases. The theory also reminds us that not all problems are in this sense difficult or cases hard. We could alleviate the plight of nonhuman animals by reducing meat eating. We could mitigate climate change and its detrimental effects by choosing better ways of living. These would imply that most people’s desire satisfaction would be partly frustrated, but liberal utilitarianism holds that this would be justified by the satisfaction of the basic needs of other people and nonhuman animals. (shrink)

H. L. A. Hart in his Law, Liberty, and Morality (1963) defended the view that legal paternalism and legal moralism can be clearly distinguished from each other. Hart also stated that while legal moralism is always unacceptable, paternalistic laws are often justifiable. In this paper it is argued that Hart held the right view for the wrong reasons. Hart defended legal paternalism by claiming, against J. S. Mill, that for various psychological reasons individuals do not know their own interests best. (...) It will be shown in the paper that if this view is taken, it is impossible to reject legal moralism. The fact that paternalism is sometimes justifiable while moralism is not can be more firmly founded on a distinction made by C. L. Ten (1971). Ten's point is that in matters which concern only the individuals themselves, their actions cannot be legitimately restricted by appeals to the consequences of their action alone. Paternalistic control can be justified only if the decision-making abilities of the controlled individual are temporarily diminished. (shrink)

:Justice can be approached from many angles in ethical and political debates, including those involving healthcare, biomedical research, and well-being. The main doctrines of justice are liberal egalitarianism, libertarianism, luck egalitarianism, socialism, utilitarianism, capability approach, communitarianism, and care ethics. These can be further elaborated in the light of traditional moral and social theories, values, ideals, and interests, and there are distinct dimensions of justice that are captured better by some tactics than by others. In this article, questions surrounding these matters (...) are approached with the hermeneutic idea of a distinction between “American” and “European” ways of thinking. (shrink)

Moral and political philosophers no longer condemn harm inflicted on nonhuman animals as self-evidently as they did when animal welfare and animal rights advocacy was at the forefront in the 1980s, and sentience, suffering, species-typical behavior, and personhood were the basic concepts of the discussion. The article shows this by comparing the determination with which societies seek responsibility for human harm to the relative indifference with which law and morality react to nonhuman harm. When harm is inflicted on humans, policies (...) concerning negligence and duty of care and principles such as the ‘but for’ rule and the doctrine of double effect are easily introduced. When harm is inflicted on nonhumans, this does not happen, at least not any more. As an explanation for the changed situation, the article offers a shift in discussion and its basic terminology. Simple ethical considerations supported the case for nonhuman animals, but many philosophers moved on to debate different views on political justice instead. This allowed the creation of many conflicting views that are justifiable on their own presuppositions. In the absence of a shared foundation, this fragments the discussion, focuses it on humans, and ignores or marginalizes nonhuman animals. (shrink)

What is the difference between the changes in your body that you yourself cause personally, such as the movements of your legs when you walk, or your lips when you speak, and the ones you do not cause personally, such as the contraction of your heart, or your foot bobbing up and down when your legs are crossed? Since the seventeenth century, most philosophers have said that will or intention makes the difference. I reject this answer and propose an alternative (...) that doesn't just apply to animals capable of having intentions, but to all agents with functionally differentiated parts. (shrink)

This paper uses a game-theoretic framework to formalize the Hayekian notion of equilibrium as the compatibility of plans. To do so, it imposes more structure on the conventional model of strategic games. For each player, it introduces goals, goal-oriented strategies, and the goals’ probabilities of success, from which players’ payoffs are derived. The differences between the compatibility of plans and Nash equilibrium are identified and discussed. Furthermore, it is shown that the notion of compatibility of plans, in general, differs from (...) the notion of Pareto efficiency. Since the compatibility of plans across all players can rarely be achieved in reality, a measurement is introduced to determine various degrees of plan compatibility. Several possible extensions and applications of the model are discussed. (shrink)

This empirical study explores aspects of how companies that are positively recognized by their workforce as “Best Companies to Work For” convey the underlying principles of their “trustworthy” culture. The study examines the normative ethical frameworks and affective language utilized in the ethics statements. Although multiple studies have considered normative ethical frameworks in individual ethical decision making, few have considered normative ethical frameworks in organization ethics statements. In addition, this study expands the analysis to include the ethic of care. Of (...) the “Best Companies to Work for” in this study, 93 had accessible online ethics statements. Findings indicated 70 % of the ethics statements utilized combinations of three types of normative ethics studied, while 30 % used a single framework. In statements with combined frameworks, the deontological framework had the highest frequency, while the ethic of care was present in 33 % of statements and the teleological framework had the lowest frequency. In ethics statements with a singular framework, the framework rankings were consistent with findings for combined frameworks. Using the Dictionary of Affect in Language, there were statistically significant differences on pleasantness between statements that mentioned ethic of care and those that did not. This study sheds light on how these trustworthy companies communicate by publishing their ethics statements and by using a multidimensional approach in their ethics statements that has greater pleasantness when an ethic of care is utilized. (shrink)

Neuroethics is typically conceived of as consisting of two traditions: the ethics of neuroscience and the neuroscience of moral judgment. However, recent work has sought to draw philosophical and ethical implications from the neuroscience of moral judgment. Such work, which concernsnormative moral neuroscience(NMN), is sufficiently distinct and complex to deserve recognition as a third tradition of neuroethics. Recognizing it as such can reduce confusion among researchers, eliminating conflations among both critics and proponents of NMN.This article identifies and unpacks some of (...) the most prominent goals, characteristic assumptions, and unique arguments in NMN and addresses some of the strongest objections NMN faces. The paper synthesizes these considerations into a set of heuristics, or loose discovery principles, that can help overcome obstacles in and attenuate resistance to NMN. These heuristics may simultaneously help identify those projects in NMN that are most likely to be fruitful and help fortify them. (shrink)

This paper explores how, at the 1875 Royal Commission on Vivisection, the anaesthetised animal was construed as a boundary object around which “cooperation without consensus” Computer supported cooperative work: cooperation or conflict? Springer, London, 1993) could form, serving the interests of both scientists and animals. Advocates of anaesthesia presented it as benevolently intervening between the scientific agent and animal patient. Such articulations of ‘ethical’ vivisection through anaesthesia were then mandated in the 1876 Cruelty to Animals Act, and thus have had (...) significant downstream effects on the regulation of laboratory animals in Britain and beyond. Constructing this ‘consensus’ around the anaesthetised animal, however, required first excluding abolitionists and inhumane scientists, and secondly limiting the interests of experimental animals to the avoidance of pain through anaesthesia and euthanasia, thereby circumventing the issue of their possible interest in future life. This consensus also served to secure the interests of vivisecting scientists and to limit the influence of public opinion in the laboratory to administrative procedure and scheduled inspection. The focus on anaesthesia was connected with discussions of what supporting infrastructures were required to ensure proper ethical procedure was carried out by scientists. In contrast to the much studied polarisation in British society between pro- and antivivisectionists after 1876, we understand the 1875 Commission as a conflict amongst scientists themselves, while also being an intra-class conflict amongst the ruling class. (shrink)

A significant feature of John Stuart Mill's moral theory is the introduction of qualitative differences as relevant to the comparative value of pleasures. Despite its significance, Mill presents his doctrine of qualities of pleasures in only a few paragraphs in the second chapter ofUtilitarianism, where he begins the brief discussion by saying:utilitarian writers in general have placed the superiority of mental over bodily pleasures chiefly … in their circumstantial advantages rather than in their intrinsic nature.… [B]ut they might have taken (...) the … higher ground with entire consistency. It is quite compatible with the principle of utility to recognize the fact, that somekindsof pleasure are more desirable and more valuable than others. It would be absurd that while, in estimating all other things, quality is considered as well as quantity, the estimation of pleasures should be supposed to depend on quantity alone (U, II, 4). (shrink)

Over many years, different theories have been developed to guide the social practices and policies of institutions so that they demonstrate equal concern and respect for all, and satisfy the requirements of justice. Although the normative principles described in a theory may support just institutions, whether this results in just outcomes will depend on how the decisions that implement the principles are made and actioned. As a societal institution charged with caring for people, ensuring just outcomes is a distinct concern (...) in healthcare. Relationships within this institution are constitutive of human flourishing and are also important to justice. Yet, it is not possible to create, maintain or evaluate interpersonal relationships in the same manner as institutions because rather than being universal and impartial, they are particular and partial. Consequently, the link between theories of justice that guide decision-making in relation to structures or institutions, and the relationships that influence those with a proximate effect on individuals, is not explicit. To address this gap, this article argues that a focus on human flourishing provides a nexus between the decision-making for just institutions and just outcomes for individuals. (shrink)

The principle of proportionality is used in many different contexts. Some of these uses and contexts are first briefly indicated. This paper focusses on the use of this principle as a moral principle. I argue that under certain conditions the principle of proportionality is helpful as a guide in decision-making. But it needs to be clarified and to be used with some flexibility as a context-dependent principle. Several interpretations of the principle are distinguished, using three conditions as a starting point: (...) importance of objective, relevance of means, and most favourable option. The principle is then tested against an example, which suggests that a fourth condition, focusing on non-excessiveness, needs to be added. I will distinguish between three main interpretations of the principle, some primarily with uses in research ethics, others with uses in other areas of bioethics, for instance in comparisons of therapeutic means and ends. The relations between the principle of proportionality and the precautionary principle are explored in the following section. It is concluded that the principles are different and may even clash. In the next section the principle of proportionality is applied to some medical examples drawn from research ethics and bioethics. In concluding, the status of the principle of proportionality as a moral principle is discussed. What has been achieved so far and what remains to be done is finally summarized. (shrink)

This paper argues that the notion of value has been overly simplified and narrowed to focus on economic returns. Stakeholder theory provides an appropriate lens for considering a more complex perspective of the value that stakeholders seek as well as new ways to measure it. We develop a four-factor perspective for defining value that includes, but extends beyond, the economic value stakeholders seek. To highlight its distinctiveness, we compare this perspective to three other popular performance perspectives. Recommendations are made regarding (...) performance measurement for both academic researchers and practitioners. The stakeholder perspective on value offered in this paper draws attention to those factors that are most closely associated with building more value for stakeholders, and in so doing, allows academics to better measure it and enhances managerial ability to create it. (shrink)

Answers to the question, “What is a farm animal?” often revolve around genetics, physical attributes, and the animals’ functions in agricultural production. The essential and defining characteristics of farm animals transcend these limited models, however, and require an answer that avoids reductionism and encompasses a de-atomizing point of view. Such an answer should promote recognition of animals as beings with extensive mental and social capabilities that outline the extent of each individual animal’s existence and—at the same time—define the animals as (...) parts of wholes that in themselves are more than the sum of their parts and have ethological as well as ethical relevance. To accomplish this, the concepts of both anthropomorphism and sociobiology will be examined, and the article will show how the possibility of understanding animals and their characteristics deeply affects both ethology and philosophy; that is, it has an important influence on our descriptive knowledge of animals, the concept of what animal welfare is and can be, and any normative ethics that follow such knowledge. (shrink)

Expected-utility theory has been a popular and influential theory in philosophy, law, and the social sciences. While its original developers, von Neumann and Morgenstern, presented it as a purely predictive theory useful to the practitioners of economic science, many subsequent theorists, particularly those outside of economics, have come to endorse EU theory as providing us with a representation of reason. But precisely in what sense does EU theory portray reason? And does it do so successfully? There are two strikingly different (...) answers to these questions in the literature. On the one hand, there is the view of people such as David Gauthier that EU theory is an implementation of the idea that reason's only role is instrumental. On the other hand, there is the view suggested by Leonard Savage that the theory is a “formal” and noninstrumental characterization of our reasoning process. (shrink)

Many people are attracted to the idea that plants experience phenomenal conscious states like pain, sensory awareness, or emotions like fear. If true, this would have wide-ranging moral implications for human behavior, including land development, farming, vegetarianism, and more. Determining whether plants have minds relies on the work of both empirical disciplines and philosophy. Epistemology should settle the standards for evidence of other minds, and science should inform our judgment about whether any plants meet those standards. We argue that evidence (...) for other minds comes either from testimony, behavior, anatomy/physiology, or phylogeny. However, none of these provide evidence that plants have conscious mental states. Therefore, we conclude that there is no evidence that plants have minds in the sense relevant for morality. (shrink)

This essay addresses the other side of the robot ethics debate, taking up and investigating the question “Can and should robots have rights?” The examination of this subject proceeds by way of three steps or movements. We begin by looking at and analyzing the form of the question itself. There is an important philosophical difference between the two modal verbs that organize the inquiry—can and should. This difference has considerable history behind it that influences what is asked about and how. (...) Second, capitalizing on this verbal distinction, it is possible to identify four modalities concerning social robots and the question of rights. The second section will identify and critically assess these four modalities as they have been deployed and developed in the current literature. Finally, we will conclude by proposing another alternative, a way of thinking otherwise that effectively challenges the existing rules of the game and provides for other ways of theorizing moral standing that can scale to the unique challenges and opportunities that are confronted in the face of social robots. (shrink)

Medical rules of eligibility permit severely injured Iraqi and Afghan nationals to receive care in Coalition medical facilities only if bed space is available and their injuries result directly from Coalition fire. The first rule favors Coalition soldiers over host-nation nationals and contradicts the principle of impartial, needs-based medical care. To justify preferential care for compatriots, wartime medicine invokes associative obligations of care that favor friends, family, and comrades-in-arms. Associative obligations have little place in peacetime medical care but significantly affect (...) wartime medicine. The second rule suggests liability for collateral harm that is unsupported by international law and military ethics. Absent liability, there are pragmatic reasons to offer medical care to injured local civilians if it quells resentment and cements support for Coalition forces. In contrast to peacetime medicine, military necessity and associative obligations outweigh distributive principles based on medical need during war. (shrink)

John Stuart Mill's crisis of 1826 has received a great deal of attention from scholars. This attention results from reflection on the importance of the crisis to Mill's mature thought. Did the crisis signal rejection or revision of Benthamism? Or did it have little or no effect on Mill's view of his intellectual inheritance? Ultimately, an interpretation of the cause and resolution of the crisis is integral to an understanding of the nature of Mill's moral and social philosophy. Scholars, in (...) their zeal to understand Mill's crisis, have suggested various reasons for both the onset of the crisis and the recovery. Yet Mill's own perception of his crisis has often been overlooked or rejected. (shrink)

Harsanyi claimed that his Aggregation and Impartial Observer Theorems provide a justification for utilitarianism. This claim has been strongly resisted, notably by Sen and Weymark, who argue that while Harsanyi has perhaps shown that overall good is a linear sum of individuals’ von Neumann–Morgenstern utilities, he has done nothing to establish any connection between the notion of von Neumann–Morgenstern utility and that of well-being, and hence that utilitarianism does not follow. -/- The present article defends Harsanyi against the Sen–Weymark critique. (...) I argue that, far from being a term with precise and independent quantitative content whose relationship to von Neumann–Morgenstern utility is then a substantive question, terms such as ‘well-being’ suffer (or suffered) from indeterminacy regarding precisely which quantity they refer to. If so, then (on the issue that this article focuses on) Harsanyi has gone as far towards defending ‘utilitarianism in the original sense’ as could coherently be asked. (shrink)

Utilitarian objections to the consumption of factory-farmed products center primarily on the harms such farms cause to animals. One problem with the utilitarian case against the consumption of factory-farmed products is that the system of production is so vast and complex that no typical, individual consumer can, through her consumer behavior, make any difference to the welfare of animals. I grant for the sake of argument that this causal inefficacy objection is sound and go on to argue that the utilitarian (...) nevertheless has the resources to conclude that at least in some cases it is wrongful on utilitarian grounds for an individual to consume factory-farmed products. When a consumer who believes that factory farming is wrongful consumes the products of factory farms, she endorses wrongful practices, and by doing so she engages in a form of self-harm. Self harm, like harm to others, must be taken into consideration when a utilitarian agent deliberates about the permissibility of her proposed course of action. Therefore, the causal inefficacy objection, while powerful, is not decisive against utilitarian objections to consuming factory-farmed products. (shrink)

Moral patients deserve moral consideration and concern – they have moral standing. What factors drive attributions of moral standing? Understanding these factors is important because it indicates how broadly individuals conceptualize the moral world, and suggests how they will treat various entities, both human and non-human. This understanding has recently been advanced by a series of studies conducted by both psychologists and philosophers, which have revealed three main drivers of moral standing: the capacity to suffer, intelligence or autonomy, and the (...) nature of an entity's disposition. These studies have also revealed causal links between moral standing and other variables of interest, namely, mental state attributions and moral behavior. In this review, I consider this recent research, aiming to clarify what the balance of evidence indicates about how moral standing is judged and about its links to mind perception and behavior. I conclude by suggesting open questions for future research on this exciting topic. (shrink)