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 (...) model of phronetic agent that I present not only works better than competing models—such as the utilitarian–economic and the Rawlsian—in the law of tort but shows its best potentialities in other kinds of cases. In criminal law and matrimonial law cases the recourse to the EV approach offers through the virtues rich and substantial resources to evaluate conflictual cases. This approach makes the threshold of evaluation much closer to real life than competitors. (shrink)

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 (...) in the duty to care, a duty that is one of the central moral principles that underlies the punitive damages doctrine. (shrink)

“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 (...) three stakeholder perspectives, including the nonprofit initiating the campaign, the business hosting the campaign, and the donor. Often ethical theories are seen as competing for primacy rather than being complementary perspectives in choosing the best action. We demonstrate that ethical discernment results in a richer analysis when consulting multiple frameworks. The purpose of this paper is to provide a set of ethical considerations for individuals to draw upon when devising and donating to checkout charity campaigns. This analysis will serve as a conceptual resource for scholars, practitioners, and students of nonprofit and for-profit management. (shrink)

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 (...) builds character and can moderate ethical behavior. The moderating role of prudence was studied in the context of organizational political behavior. Employee political behavior in organizations can have either positive or negative consequences; hence, it is in the realm of ethical decision-making. Since studies have not identified how individuals can self-regulate their desire for political behavior, the study proposed political prudence, a character-building virtue, as a self-regulating variable which can be used by individuals to avoid drifting to the dark side of political behavior. The study participants were drawn from three organizations in Lagos, Nigeria, and a cross-sectional research design was adopted for data collection. The results confirmed that political prudence moderated the effects of political will on political behavior such that individuals engaged in benevolent political will and avoided self-serving political will. The importance of the findings is that organizations have a means of steering participants away from the dark side to the bright side of political behavior which is useful for productivity. (shrink)

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 (...) sense of obligation, particularly a moral commitment or sense of duty to honor a contract and re-pay a loan. The pervasive data surveillance of people that goes with “big data” and predictive analytics is not only an invasion of privacy in general, but an impairment of the aspect of privacy called autonomy that will constrict and alter a person’s choices and development of self. (shrink)

This article contributes to philosophical reflections on public health law by drawing on virtue jurisprudence, which rests on the straightforward observation that a political community and its laws will inevitably shape the character of its officials and subjects, and that an excellent character is indispensable to fulfilment. Thus, the law is properly set to encourage virtue and discourage vice. This opens a new perspective onto the ultimate purpose of public health law that is human flourishing. The means of pursuing this (...) end is to entrust public health powers to officials to virtuously serve the common good, of which population health is one of its most important constituents, within the bounds of the law of the land. This article calls for the adoption of a Prudent Public Health Official standard into the law, in order to cultivate prudent, just, courageous and temperate characters in officialdom. Interestingly, this standard already chimes with certain pre-existing core principles of public health judicial doctrine in the USA, the European Union and the UK. (shrink)