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Prudence, benevolence, and negligence : virtue ethics and tort law

In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue jurisprudence. New York: Palgrave-Macmillan (2008)

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  1. The meaning of ‘reasonable’: Evidence from a corpus-linguistic study.Lucien Baumgartner & Markus Kneer - forthcoming - In Kevin P. Tobia (ed.), The Cambridge Handbook of Experimental Jurisprudence. Cambridge University Press.
    The reasonable person standard is key to both Criminal Law and Torts. What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors. Hence, laypeople’s understanding of the term must be considered, especially whether they use it predominately in an evaluative fashion. In this corpus study based on supervised machine learning models, we investigate whether laypeople use the expression ‘reasonable’ mainly as a descriptive, an evaluative, or merely a value-associated term. We find that (...)
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  • Data Analytics as Predictor of Character or Virtues, and the Risks to Autonomy.Harald Weston - 2016 - International Review of Information Ethics 24.
    Can we measure and predict character with predictive analytics so a business can better assess, ideally objectively, whether to lend money or extend credit to that person, beyond current objective measures of credit scores and standard financial metrics like solvency and debt ratios? We and the analysts probably do not know enough about character to try to measure it, though it might be more useful to measure and predict a person’s temperance and prudence as virtues, or self-control as psychology, or (...)
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  • Public, Ecological and Normative Goods: The Case of Deepwater Horizon.Adam Konopka - 2013 - Ethics, Policy and Environment 16 (2):188-207.
    This paper identifies the duty to care for the public interest in the commonly valued ecological goods of the Gulf as one of the basic essential features of the moral significance of the federal policies that govern the Deepwater Horizon Oil Spill. I argue that the Clean Water Act and the Oil Protection Act implicitly provide for a communitarian interpretation of the public and ecological goods of this event that warrants a virtue ethical account of normativity that is ultimately expressed (...)
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  • The Role of Political Prudence and Political Skill in the Political Will and Political Behavior Relationship.Okechukwu Ethelbert Amah - 2022 - Journal of Business Ethics 176 (2):341-355.
    The corporate scandals of the twenty-first century have necessitated ethical behavior as a major component of the organizational process. These scandals occurred despite the ethical rules and laws in place, implying that rules and laws might not be effective in ensuring the ethical behavior of organizational participants at all times. Hence, a better approach to handling ethical decisions may be virtue ethics which demand the building of ethical character that intrinsically drives ethical behavior. Prudence was studied as a virtue which (...)
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  • The Ethicality of Point-of-Sale Marketing Campaigns: Normative Ethics Applied to Cause-Related Checkout Charities.Jay L. Caulfield, Catharyn A. Baird & Felissa K. Lee - 2020 - Journal of Business Ethics 175 (4):799-814.
    “Would you like to contribute to XYZ charity by adding a dollar to your bill today?” Point-of-sale campaigns for fundraising are common to grocery stores, pharmacies, restaurants and warehouse clubs. Commonly referred to as ‘checkout charity,’ these fundraisers have generated over $4.1 billion in contributions for nonprofits over the past three decades. Yet little research has focused on the ethicality of this type of campaign. To address this need, we analyze the issue using behavioral ethics and normative theory. We consider (...)
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  • Is the Reasonable Person a Person of Virtue?Michele Mangini - 2020 - Res Publica 26 (2):157-179.
    The ‘reasonable person standard’ is often called on in difficult legal cases as the last resource to be appealed to when other solutions run out. Its complexity derives from the controversial tasks that people place on it. Two dialectics require some clarification: the objective/subjective interpretation of the standard and the ideal/ordinary person controversy. I shall move through these dialectics from the standpoint of an EV approach, assuming that on this interpretation the RPS can perform most persuasively its tasks. The all-round (...)
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