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Aquinas: Moral, Political, and Legal Theory

Oxford University Press (1998)

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  1. Epinomia: Plato and the First Legal Theory.Eric Heinze - 2007 - Ratio Juris 20 (1):97-135.
    In comparison to Aristotle, Plato's general understanding of law receives little attention in legal theory, due in part to ongoing perceptions of him as a mystic or a totalitarian. However, some of the critical or communitarian themes that have guided theorists since Aristotle find strong expression in Plato's work. More than any thinker until the nineteenth and twentieth centuries, Plato rejects the rank individualism and self-interest which, in his view, emerge from democratic legal culture. He rejects schisms between legal norms (...)
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  • Commentary 4: Are in-text ads deceptive?Jeffrey J. Maciejewski - 2007 - Journal of Mass Media Ethics 22 (4):359 – 361.
    A few months ago, I was busy scrolling through one of my favorite automotive Web sites, reading about a concept carintroduced at an international auto show, when a hyperlink embedded in the text of...
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  • Is Every Action Morally Significant?John Haldane - 2011 - Philosophy 86 (3):375-404.
    One form of scepticism about the possibility ofmoral theorydoes not deny that there is something describable as ‘the conduct of life’, but it argues that there is no special ethical account to be given of this since conduct has no identifiablymoraldimension. Here I explore the possibility that the problem of identifying distinctively moral aspects of action is explained by the thesis that the moral is ubiquitous; thateveryhuman actionis– not ‘may be’ – morally significant. To say, however, that morality is all (...)
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  • A Defense of the 'Sterility Objection' to the New Natural Lawyers' Argument Against Same-Sex Marriage.Erik A. Anderson - 2013 - Ethical Theory and Moral Practice 16 (4):759-775.
    The “new natural lawyers” (NNLs) are a prolific group of philosophers, theologians, and political theorists that includes John Finnis, Robert George, Patrick Lee, Gerard Bradley, and Germain Grisez, among others. These thinkers have devoted themselves to developing and defending a traditional sexual ethic according to which homosexual sexual acts are immoral per se and marriage ought to remain an exclusively heterosexual institution. The sterility objection holds that the NNLs are guilty of making an arbitrary and irrational distinction between same-sex couples (...)
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  • Philosophy, Drama and Literature.Rick Benitez - 2011 - In Graham Robert Oppy, Nick Trakakis, Lynda Burns, Steven Gardner & Fiona Leigh (eds.), A companion to philosophy in Australia & New Zealand. Clayton, Victoria, Australia: Monash University Publishing. pp. 371-372.
    Philosophy and Literature is an internationally renowned refereed journal founded by Denis Dutton at the University of Canterbury, Christchurch. It is now published by the Johns Hopkins University Press. Since its inception in 1976, Philosophy and Literature has been concerned with the relation between literary and philosophical studies, publishing articles on the philosophical interpretation of literature as well as the literary treatment of philosophy. Philosophy and Literature has sometimes been regarded as iconoclastic, in the sense that it repudiates academic pretensions, (...)
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  • Philosophical Investigation Series: Selected Texts on Political Philosophy / Série Investigação Filosófica: Textos Selecionados de Filosofia Política.Everton Maciel (ed.) - 2021 - Pelotas: Editora da UFPel / NEPFIL Online.
    Nossa seleção de verbetes parte do interesse de cada pesquisador e os dispomos de maneira histórico-cronológica e, ao mesmo tempo, temática. O verbete de Melissa Lane, “Filosofia Política Antiga” vai da abrangência da política entre os gregos até a república e o império, às portas da cristianização. A “Filosofia Política Medieval”, de John Kilcullen e Jonathan Robinson, é o tópico que mais demanda espaço na nossa seleção em virtude das disputas intrínsecas ao período, da recepção de Aristóteles pelo medievo e (...)
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  • The Predication Thesis and a New Problem about Persistent Fundamental Legal Controversies.Kevin Toh - 2010 - Utilitas 22 (3):331-350.
    According to a widely held view, people's commitments to laws are dependent on the existence in their community of a conventional practice of complying with certain fundamental laws. This conventionalism has significantly hampered our attempts to explain the normative practice of law. Ronald Dworkin has argued against conventionalism by bringing up the phenomenon of persistent fundamental legal controversies, but neither Dworkin nor his legal positivist respondents have correctly understood the real significance of such controversies. This article argues that such controversies (...)
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  • Institutions of conscience: Politics and principle in a world of religious pluralism. [REVIEW]Lucas A. Swaine - 2003 - Ethical Theory and Moral Practice 6 (1):93-118.
    This article considers the difficult question of whether there are any reasons for theocratic religious devotees to affirm liberalism and liberal institutions. Swaine argues not only that there are reasons for theocrats to affirm liberalism, but that theocrats are committed rationally to three normative principles of liberty of conscience, as well. Swaine subsequently discusses three institutional and strategic implications of his arguments. First, he outlines an option of semisovereignty for theocratic communities in liberal democracies, and explains why an appropriate valuation (...)
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  • Politics and collective action in Thomas Aquinas's On Kingship.Anselm Spindler - 2019 - Journal of the History of Philosophy 57 (3):419-442.
    Collective action is a much-discussed topic today, but not in the historiography of philosophy. Therefore, I would like to contribute a little bit to our understanding of the history of this concept by exploring the political philosophy of Thomas Aquinas. A compelling interpretation of his treatise On Kingship emerges when we read it not, as is often the case, in terms of his moral perfectionism, but as expressing the idea that the political community is an artificial and distinct subject of (...)
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  • Teaching Business Ethics Through Strategically Integrated Micro-Insertions.Alesia Slocum, Sylvia Rohlfer & Cesar Gonzalez-Canton - 2014 - Journal of Business Ethics 125 (1):1-14.
    This article identifies an integrated teaching strategy that was originally developed for engineers, the so-called ‘micro-insertion’ approach, as a practical and effective means to teach ethics at business schools. It is argued that instructors can incorporate not only generic or thematic learning objectives for students into this method (i.e., the intended content of what is being taught: in our case, an underlying ethical base for doing business), but also do so via a strategically integrated approach regarding the appropriate mix and (...)
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  • Aquinas and the Natural Law.Peter Seipel - 2015 - Journal of Religious Ethics 43 (1):28-50.
    Recent decades have seen a shift away from the traditional view that Aquinas's theory of the natural law is meant to supply us with normative guidance grounded in a substantive theory of human nature. In the present essay, I argue that this is a mistake. Expanding on the suggestions of Jean Porter and Ralph McInerny, I defend a derivationist reading of ST I-II, Q. 94, A. 2 according to which Aquinas takes our knowledge of the genuine goods of human life (...)
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  • Social and Justified Legal Normativity: Unlocking the Mystery of the Relationship.Veronica Rodriguez-Blanco - 2012 - Ratio Juris 25 (3):409-433.
    Can Hart's non-cognitivism be reconciled with his rejection of the predictive and sanction-based explanations of law? This paper analyses Hart's notion of the internal point of view and focuses on the notion of acceptance of a rule along the lines of a non-cognitivist understanding of intentional actions. It is argued that a non-cognitivist analysis of acceptance of rules is incomplete and parasitic on a more basic or primary model of acceptance that does not involve mental states. This basic or primary (...)
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  • Pricing for a Common Good: beyond Ethical Minimalism in Commercial Practices.Javier Pinto-Garay, Ignacio Ferrero & Germán Scalzo - 2021 - Philosophy of Management 20 (3):271-291.
    Pricing policies and fair-trade practices are critical for sustaining commercial relationships between firms and customers. Nevertheless, in current business practices, fairness has been mistakenly reduced to a minimalistic ethic wherein justice only demands legal and explicit norms to which commercial parties voluntarily agree. Aimed at giving a different explanation of commercial agreements, this paper will introduce a Virtue Ethics (VE) explanation of the relationship between pricing and the common good by taking up classical concepts related to justice in commerce. In (...)
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  • The Ground of Self-determination.Daniel Philpott - 2021 - The Journal of Ethics 25 (2):203-221.
    This paper addresses the justice of national self-determination claims and defends a right to self-determination rendered as both a primary right, meaning that it does not require grievances or injustices, and a prima facie right, meaning that it is defeasible by the presence of injustices or the prospect of baneful consequences. The paper’s distinct contribution lies in the ground of this right, arguing that autonomy is not alone sufficient and that a better grounding can be found in a common civic (...)
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  • James Turner Johnson's Just War Idea: Commanding the Headwaters of Tradition.Cian O'Driscoll - 2008 - Journal of International Political Theory 4 (2):189-211.
    James Turner Johnson is the foremost scholar of the just war tradition working today. His treatment of the historical development of the just war tradition has been hugely important, influencing a generation of theorists. Despite this, Johnson's work has not generated much in the way of critical commentary or analysis. This paper aims to rectify this oversight. Engaging in a close and critical reading of Johnson's work, it claims that his historical reconstruction of the just war tradition is bounded by (...)
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  • Corporate Transparency: A Perspective from Thomas Aquinas' Summa Theologiae. [REVIEW]João César das Neves & Antonino Vaccaro - 2013 - Journal of Business Ethics 113 (4):639-648.
    This article analyzes the issue of organizational transparency through the lens of Thomas Aquinas’ ethics. It provides moral justification for current claims about corporate transparency and sheds light on the ethical values and virtues affecting information disclosure decisions. Transparency is conceptualized as an informational mechanism necessary for performing the virtues of truthfulness, justice, and prudence. This article extends the organizational transparency and corporate social responsibility literatures by providing an alternative moral justification grounded in virtue-based theory, which extends our understanding of (...)
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  • La cuestión de la falacia naturalista en Santo Tomás y sus intérpretes contemporáneos.Josep Rafael Moncho I. Pascual - 2006 - Cuadernos Salmantinos de Filosofía 33:35-63.
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  • Virtuous Circularity: Positive Law and Particular Justice.Claudio Michelon - 2014 - Ratio Juris 27 (2):271-287.
    This paper argues that the positive allocative decisions paradigmatically carried out by the application of legal rules are a necessary condition for arguments about particular justice (i.e., distributive and commutative justice) to make sense. If one shifts the focus from the distinction between distributive and commutative justice to what the two aspects of particular justice are for, namely, providing criteria to judge the allocation of goods, it becomes clear that the distinction is conceptually unstable. The paper argues that stabilizing the (...)
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  • Cultural Diversity and Universal Ethics in a Global World.Domènec Melé & Carlos Sánchez-Runde - 2013 - Journal of Business Ethics 116 (4):681-687.
    Cultural diversity and globalization bring about a tension between universal ethics and local values and norms. Simultaneously, the current globalization and the existence of an increasingly interconnected world seem to require a common ground to promote dialog, peace, and a more humane world. This article is the introduction to a special issue of the Journal of Business Ethics regarding these problems. We highlight five topics, which intertwine the eight papers of this issue. The first is whether moral diversity in different (...)
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  • Introduction.Dario Martinelli - 2009 - Sign Systems Studies 37 (3/4):353-368.
    Realism has been a central object of attention among analytical philosophers for some decades. Starting from analytical philosophy, the return of realism has spread into other contemporary philosophical traditions and given birth to new trends in current discussions, as for example in the debates about “new realism.” Discussions about realism focused on linguistic meaning, epistemology, metaphysics, theory of action and ethics. The implications for politics of discussion about realism in action theory and in ethics, however, are not much discussed.
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  • Reason as a Nexus of Natural Law and Rhetoric.Jeffrey J. Maciejewski - 2005 - Journal of Business Ethics 59 (3):247-257.
    . Although the pages of Journal of Business Ethics have hosted an ongoing dialogue on the ethics of rhetoric and persuasion, the debates have been unable to account for the underlying morality of the human propensity to engage in rhetorical discourse as a part of living in society. In this paper, I offer natural-law ethical theory as a moral paradigm in which to examine rhetoric. In this context, I assert that rhetoric services reason, which in turn services our dispositions or (...)
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  • The nature and basis of human dignity.Patrick Lee & Robert P. George - 2008 - In Adam Schulman (ed.), Human Dignity and Bioethics: Essays Commissioned by the President's Council on Bioethics. [President's Council on Bioethics. pp. 173-193.
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  • The Strong-Tie Requirement and Objective-List Theories of Well-Being.William A. Lauinger - 2013 - Ethical Theory and Moral Practice 16 (5):953-968.
    Many philosophers with hedonistic sympathies (e.g., Mill, Sidgwick, Sumner, Feldman, Crisp, Heathwood, and Bradley) have claimed that well-being is necessarily experiential. Kagan once claimed something slightly different, saying that, although unexperienced bodily events can directly impact a person’s well-being, it is nonetheless true that any change in a person’s well-being must involve a change in her (i.e., either in her mind or in her body). Kagan elaborated by saying that a person’s well-being cannot float freely of her such that it (...)
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  • The morality-welfare circularity problem.William Lauinger - 2017 - Philosophical Studies 174 (8):1959-1981.
    Various moral theories are essentially welfare-involving in that they appeal to the promotion or the respect of well-being in accounting for the moral rightness of at least some acts. Further, various theories of well-being are essentially morality-involving in that they construe well-being in a way that essentially involves morality in some form or other. It seems that, for any moral theory that is essentially welfare-involving and that relies on a theory of well-being that is essentially morality-involving, a circularity problem may (...)
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  • Probabilism Today: Permissibility and Multi-Account Ethics.Jonathan Hill - 2009 - Australasian Journal of Philosophy 87 (2):235-250.
    In ethics, ‘probabilism’ refers to a position defended by a number of Catholic theologians, mainly in the sixteenth and seventeenth centuries. They held that, when one is uncertain which of a range of actions is the right one to perform, it is permissible to perform any which has a good chance of being the right one—even if there is another which has a better chance. This paper considers the value of this position from the viewpoint of modern ethical philosophy. The (...)
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  • Liberal Legitimacy and the Question of Respect.Klemen Jaklic - 2014 - Ratio Juris 27 (3):409-439.
    In a modern pluralist society, the idea of liberal legitimacy as proposed by John Rawls offers a promising foundation for the further historic advancement of democracy. However, liberal legitimacy still seems to lack one key element—a unique type of respect at its foundations—without which such democratic advancement may not be achieved. Nor, on closer inspection, could the idea of liberal legitimacy succeed without this particular type of respect. When further refined at its foundation, arguably liberal legitimacy could open doors to (...)
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  • A sufficiently political orthodox conception of human rights.Violetta Igneski - 2014 - Journal of Global Ethics 10 (2):167-182.
    The traditional conception of human rights, or the orthodox conception (OC), has, over the last few years, been vigorously challenged by the political conception (PC) of human rights. I have two main aims in this paper: the first is to articulate and evaluate the main points of disagreement between the OC and the PC in order to provide a clearer picture of what is at stake in the debate. The second is to argue that the OC has the resources to (...)
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  • Der Knobe-Effekt als Doppeleffekt.Moritz Heepe - 2021 - Zeitschrift Für Ethik Und Moralphilosophie 4 (2):313-335.
    ZusammenfassungDem sogenannten Knobe-Effekt zufolge bestimmt die moralische Valenz von Nebeneffekten menschlichen Verhaltens die Zuschreibung ihrer absichtlichen Verursachung. Wir argumentieren, dass erstens die empirisch ermittelten sozialpsychologischen Daten den Knobe-Effekt in der üblichen Lesart nicht belegen, vor allem wegen der unvollständigen Untersuchung der entscheidenden moralischen Varianzfaktoren. Zweitens zeigen wir, dass - und wie - eine spezifische Version des traditionellen Prinzips des Doppeleffekts den empirisch bestätigten Teil des Knobe-Effekts philosophisch erklärt. Die Erklärungskraft des Prinzips des Doppeleffekts kann auch als eine Rechtfertigung eben dieses (...)
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  • A (Reconstructed) New Natural Law Account of Sexuate Selfhood and Rape's Harm.Joshua D. Goldstein & Robin Blake - 2015 - Heythrop Journal 56 (5):734-750.
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  • Some reflections on the epistemological fundaments of an Italian action-research experience.F. Garibaldo & E. Rebecchi - 2004 - AI and Society 18 (1):44-67.
    In this paper the authors, starting from the experience described and commented on in earlier work by Mancini and Sbordone, deal with the three main epistemological problems that the research group they participated in had to face:The conflicting and ambiguous relationship between psychoanalysis and social researchThe classical epistemological problem of the relationship between the subject and object of research within the perspective of action researchThe problem arising from their experience, i.e., the risk of manipulation, and the way to deal with (...)
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  • The Just Price as the Price Obtainable in an Open Market.Juan M. Elegido - 2015 - Journal of Business Ethics 130 (3):557-572.
    This article argues that the price obtainable in an open market provides the best standard for determining the justice or injustice of the price of a product. The article argues that this standard, which is closely related to positions which have been held for hundreds of years, is superior to several alternative conceptions of the just price that have been put forward in recent years and is not subject to fundamental criticisms which can be addressed to them. The article also (...)
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  • Managing Ethically Cultural Diversity: Learning from Thomas Aquinas.João César das Neves & Domènec Melé - 2013 - Journal of Business Ethics 116 (4):769-780.
    Cultural diversity is an inescapable reality and a concern in many businesses where it can often raise ethical questions and dilemmas. This paper aims to offer suggestions to certain problems facing managers in dealing with cultural diversity through the inspiration of Thomas Aquinas. Although he may be perceived as a voice from the distant past, we can still find in his writings helpful and original ideas and criteria. He welcomes cultural differences as a part of the perfection of the universe. (...)
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  • Corporate Transparency: A Perspective from Thomas Aquinas’ Summa Theologiae.João César das Neves & Antonino Vaccaro - 2013 - Journal of Business Ethics 113 (4):639-648.
    This article analyzes the issue of organizational transparency through the lens of Thomas Aquinas’ ethics. It provides moral justification for current claims about corporate transparency and sheds light on the ethical values and virtues affecting information disclosure decisions. Transparency is conceptualized as an informational mechanism necessary for performing the virtues of truthfulness, justice, and prudence. This article extends the organizational transparency and corporate social responsibility literatures by providing an alternative moral justification grounded in virtue-based theory, which extends our understanding of (...)
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  • Natural Law and Normative Inclinations.Jonathan Crowe - 2015 - Ratio Juris 28 (1):52-67.
    Natural law ethics holds that practical rationality consists in engaging in non-defective ways with a range of fundamental goods. These basic goods are characteristically presented as reflecting the natural properties of humans, but the details of this picture vary widely. This article argues that natural law ethics can usefully be understood as a type of dispositional theory of value, which identifies the basic goods with those objectives that humans are characteristically disposed to pursue and value for their own sake. Natural (...)
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  • Liberal Naturalism and Non-epistemic Values.Ricardo F. Crespo - 2019 - Foundations of Science 24 (2):247-273.
    The ‘value-free ideal’ has been called into question for several reasons. It does not include “epistemic values”—viewed as characteristic of ‘good science’—and rejects the so-called ‘contextual’, ‘non-cognitive’ or ‘non-epistemic’ values—all of them personal, moral, or political values. This paper analyzes a possible complementary argument about the dubitable validity of the value-free ideal, specifically focusing on social sciences, with a two-fold strategy. First, it will consider that values are natural facts in a broad or ‘liberal naturalist’ sense and, thus, a legitimate (...)
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  • Political Wisdom in Management and Corporate Governance.Ricardo Calleja & Domènec Melé - 2016 - Philosophy of Management 15 (2):99-119.
    In response to conventional rationalistic approaches to management and corporate governance, the Aristotelian tradition is emerging as a basis for alternative theories in which practical wisdom is central. This paper, following Aristotle and Thomas Aquinas, considers the specificity of “political wisdom” -directed to the common good- as being different from individual practical wisdom. We suggest that the business firm is a “political community”, understood as a whole formed by free and intelligent individuals called to cooperate for common goals and to (...)
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  • Domingo de Soto on justice to the poor.Andreas Blank - 2015 - Intellectual History Review 25 (2):133-146.
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  • On the Morality of Choosing Directly Against Basic Goods.Adam D. Bailey - 2015 - Heythrop Journal 56 (4):643-649.
    A claim that is widely accepted and often invoked by philosophers working within ‘new classical natural law theory’ is that choosing directly against ‘basic goods’ is never morally permissible. In this essay, I address the question of whether one can coherently accept the fundamental commitments of new classical natural law theory and yet reject this absolutist claim. I argue that one can.
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  • Beyond Contracts: Love in Firms. [REVIEW]Antonio Argandoña - 2011 - Journal of Business Ethics 99 (1):77 - 85.
    The traditional theories of the firm leave no room for love in business organizations, perhaps because it is thought that love is only an emotion or feeling, not a virtue, or because economic efficiency and profit making are considered to be incompatible with the practice of charity or love. In this article, we show based on an approach to the human action within the organization, that love can and must be lived in firms for firms to operate efficiently, be attractive (...)
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  • Common good leadership in business management: an ethical model from the Indian tradition.John M. Alexander & Jane Buckingham - 2011 - Business Ethics, the Environment and Responsibility 20 (4):317-327.
    While dominant management thinking is steered by profit maximisation, this paper proposes that sustained organisational growth can best be stimulated by attention to the common good and the capacity of corporate leaders to create commitment to the common good. The leadership thinking of Kautilya and Ashoka embodies this principle. Both offer a common good approach, emphasising the leader's moral and legal responsibility for people's welfare, the robust interaction between the business community and the state, and the importance of moral training (...)
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  • Common good leadership in business management: an ethical model from the Indian tradition.John M. Alexander & Jane Buckingham - 2011 - Business Ethics: A European Review 20 (4):317-327.
    While dominant management thinking is steered by profit maximisation, this paper proposes that sustained organisational growth can best be stimulated by attention to the common good and the capacity of corporate leaders to create commitment to the common good. The leadership thinking of Kautilya and Ashoka embodies this principle. Both offer a common good approach, emphasising the leader's moral and legal responsibility for people's welfare, the robust interaction between the business community and the state, and the importance of moral training (...)
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  • African Values, Human Rights and Group Rights: A Philosophical Foundation for the Banjul Charter.Thaddeus Metz - 2014 - In Oche Onazi (ed.), African Legal Theory and Contemporary Problems: Critical Essays. Springer. pp. 131-51.
    A communitarian perspective, which is characteristic of African normative thought, accords some kind of primacy to society or a group, whereas human rights are by definition duties that others have to treat individuals in certain ways, even when not doing so would be better for others. Is there any place for human rights in an Afro-communitarian political and legal philosophy, and, if so, what is it? I seek to answer these questions, in part by critically exploring one of the most (...)
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  • The natural law tradition in ethics.Mark Murphy - 2019 - Stanford Encyclopedia of Philosophy.
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  • Saint Thomas Aquinas.Ralph McInerny - 2008 - Stanford Encyclopedia of Philosophy.
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  • Thomas Aquinas.Ralph McInerny & John O'Callaghan - forthcoming - Stanford Encyclopedia of Philosophy.
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  • Medieval political philosophy.John Kilcullen - 2008 - Stanford Encyclopedia of Philosophy.
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  • Natural law theories.John Finnis - unknown - Stanford Encyclopedia of Philosophy.
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  • Military virtue and the British soldier in the contemporary operating environment.Alan Steele - unknown
    In this dissertation I argue that Thomas Aquinas’s understanding of human nature, of human flourishing and of virtue can fill the gap, identified by Elizabeth Anscombe in 1958, between Aristotle’s account of the virtuous life and contemporary sceptical moral philosophy, which is variously described as subjectivism, consequentialism, emotivism, and sophistry. Furthermore, I argue that a Thomist account of the practicably lived virtuous life is both relevant and applicable to officers and soldiers serving in the British Army of today, because it (...)
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  • Thomas Aquinas, Political Thought.Holly Hamilton-Bleakley - 2011 - In H. Lagerlund (ed.), Encyclopedia of Medieval Philosophy. Springer. pp. 1287--1291.
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  • Moral Sensitive Human Resource Development: A Conceptual Model and Its Implementation.Saleh Afroogh, Seyyed Abbas Kazemi & Faegheh Hajhosseini - 2021 - International Journal of Business and Management 16 (6).
    In this paper, we propose a conceptual model to improve moral sensitivity in human resource development (HRD) to assist human resource (HR) practitioners in contending with moral challenges in HRD. The literature on the relationship between ethics and HRD suggests that the organizational and employee development discipline deals with ethical issues at three different levels: Individual, organizational and communal, and international levels. In section I, we elaborate on moral challenges facing HRD. In section II, we conceptualize moral sensitive HRD, proposing (...)
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