In this review essay, I offer reflections on three themes. I begin by exploring Alejandro Chehtman’s expressed methodological commitments. I argue that his views move him closer to Lon Fuller and away from the thin accounts offered by HLA Hart and Joseph Raz. Moreover, to make sense of his views, he must offer a more normatively robust theory of law. Second, I turn to his use of Raz’s theory of authority. I argue that Chehtman fails to distinguish between Raz’s views (...) and his own, but more importantly, I maintain that his discussion of Raz is superfluous: in the course of “unpacking” Raz’s views, he leads us back to his own core theses. Finally, I explore Chehtman’s ability to deal with perennial worries that plague any attempt to offer a justification for International Criminal Law in general, and the International Criminal Court in particular (i.e., “victor’s justice”, “show trials”, “peace vs. justice”). I argue that unless Chehtman is able to demonstrate that the enforcement of International Criminal Law is able to impart dignity and security on the most vulnerable, his account will be significantly weakened. (shrink)

“Legalism” is defined as requiring that all matters of legal regulation and controversy ought so far as possible to be conducted in accordance with predetermined rules of considerable generality and clarity. Thus there may be moral limits on governments which ban them from acting on the substantive moral merits of situations with which they have to deal. This is most important in public law, but also applies in private law, e.g., in cases involving property. Hume, Kant, and Hayek are examined (...) in respect of their case for legalism; Alexy and Finnis also reviewed. Autonomy is the foundation for legalism, and justifies “ethical positivism,” in T. Campbell's phrase. Critical legal studies (Unger, Kelman, Kennedy et al.) however challenge legalism's premises. But the “critical” arguments against reification merely raise, they do not settle, the issue about the politics of legalism and the desirability of legal dogmatics. With all faults, legalism is a prerequisite of free government. (shrink)

In a spirit of critical appreciation, this essay challenges several core aspects of the critique of secular morality and the defense of Orthodox Christianity offered by H. Tristram Engelhardt in After God. First, I argue that his procedurally driven approach to a binding morality based solely on a principle of permission leaves morality without any substantive definition in general terms, in ways that are both conceptually problematic and also at odds with Engelhardt’s long-standing distinction between non-malevolence and beneficence. Second, I (...) question the accuracy or adequacy of Engelhardt’s critique of the Enlightenment project for his unwarranted privileging of a particular version of Enlightenment thinking at the expense of other Enlightenment perspectives less amenable to Engelhardt’s working generalizations. Third, I challenge the theoretical cogency of Engelhardt’s insistence on the ubiquity and intractability of moral controversies and his depiction of moral strangers and moral friends as, in effect, mutually exclusive terms. Finally, I question Engelhardt’s embrace of a divine command model of ethics as the appropriate resolution of Euthyphro’s dilemma and suggest that there may be intermediate approaches to the usual starkly drawn contrasts between divine command and naturalist accounts. (shrink)

Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many―twenty, to be exact―arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this (...) view are also brought to bear on the current discourse surrounding this controversial topic. (shrink)

The prospect of using memory modifying technologies raises interesting and important normative concerns. We first point out that those developing desirable memory modifying technologies should keep in mind certain technical and user-limitation issues. We next discuss certain normative issues that the use of these technologies can raise such as truthfulness, appropriate moral reaction, self-knowledge, agency, and moral obligations. Finally, we propose that as long as individuals using these technologies do not harm others and themselves in certain ways, and as long (...) as there is no prima facie duty to retain particular memories, it is up to individuals to determine the permissibility of particular uses of these technologies. (shrink)

The biennial DEON conferences are designed to promote interdisciplinary cooperation amongst scholars interested in linking the formal-logical study of normative concepts and normative systems with computer science, artificial intelligence, linguistics, philosophy, organization theory and law. In addition to these general themes, DEON 2016 encouraged a special focus on the topic "Reasons, Argumentation and Justification.".

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 (...) is affected by events that do not affect her (Kagan 1992, 169–189). These two claims—that well-being is necessarily experiential and that changes in well-being must involve changes in the person—are two different ways of specifying the general intuition that a person’s well-being must be strongly tied to her. This general intuition imposes an adequacy constraint on welfare theorizing: To be adequate, a welfare theory cannot allow that someone can be directly benefited by events that are not strongly tied to her. Call this the strong-tie requirement. The strong-tie requirement is easily satisfied by welfare hedonism, but it poses problems for desire-fulfillment welfare theories and objective-list welfare theories. Though a great deal has been written about desire-fulfillment welfare theories in relation to the strong-tie requirement, not as much has been written about objective-list welfare theories in relation to the strong-tie requirement. This paper argues that objective-list welfare theories can satisfy the strong-tie requirement, though probably only if they take a perfectionist form, as opposed to a brute-list form. (shrink)

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 (...) well arise, one where moral rightness will end up being accounted for partly in terms of well-being, which itself is already being accounted for partly in terms of moral rightness. In this paper I will elaborate on this last point. Then I will examine five responses to the circularity problem at issue, and I will argue that one of them appears to be at least slightly better than all of the others. (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)

Abstract. Revelations in the United States of secret legal opinions by the Department of Justice, dramatically altering the conventional interpretations of laws governing torture, interrogation, and surveillance, have made the issue of "secret law" newly prominent. The dangers of secret law from the perspective of democratic accountability are clear, and need no elaboration. But distaste for secret law goes beyond questions of democracy. Since Plato, and continuing through such non-democratic thinkers as Bodin and Hobbes, secret law has been seen as (...) a mark of tyranny, inconsistent with the notion of law itself. This raises both theoretical and practical questions. The theoretical questions involve the consistency of secret law with positivist legal theory. In principle, while a legal system as a whole could not be secret, publicity need not be part of the validity criteria for particular laws. The practical questions arise from the fact that secret laws, and secret governmental operations, are a common and often well-accepted aspect of governmental power. This paper argues that the flaw of secret law goes beyond accountability and beyond efficiency to the role that law plays, and can only play, in situating subjects' understanding of themselves in relation to the state. Secret law, as such, is inconsistent with this fundamental claim of the law to orient us in moral and political space, and undermines the claim to legitimacy of the state's rulers. (shrink)

This paper focuses on examining the right to development. More specifically, the paper examines two questions relating to the right to development. The first focuses on the issue of justification: can the right to development that appears in the UN Declaration on the Right to Development be provided an adequate philosophical justification? The second question focuses on the function of the right to development: If the right to development simply ‘repackages’ duties correlative to other existing human rights – as it (...) may be argued to be the case with the right enshrined in the Declaration on the Right to Development – does it serve any meaningful function? In answering the first question, the paper argues that the right to development enshrined in the Declaration on the Right to Development is essentially a derivative right, and ultimately its philosophical justification is dependent on whether or not the legal human rights the realisation of which it seeks to enable can be provided an adequate philosophica.. (shrink)

This paper discusses the philosophical argument and the application of the Triple Font Theory for moral evaluation of human acts and attempts to integrate the conceptual components of major moral theories into a systematic internally consistent decision-making model that is theoretically driven. The paper incorporates concepts such as formal and material cooperation and the Principle of Double Effect into the theoretical framework. It also advances the thesis that virtue theory ought to be included in any adequate justification of morality and (...) the need to integrate or coordinate notions of virtue into various act-oriented or principles-based ethics. The TFT offers a comprehensive and practical approach to ethical decision-making and is a useful alternative embedded in traditional wisdom. This paper provides a more general framework of the TFT than traditionally presented. Practical judgment is shown to play a constitute role in providing a guide for right action and is the “glue” that integrates the various components of the TFT. (shrink)

Consequentialist doctrines have often been criticized for their excessive demandingness, in that they require the thorough instrumentalization of each person’s life as a vehicle for the production of good consequences. In turn, the proponents of such doctrines have often objected to what they perceive as the irrationality of the demandingness of deontological duties. In this paper, I shall address objections of the latter kind in an effort to show that they are unfounded. My investigation of this matter will unfold by (...) reference to a scenario that strikingly and concretely exemplifies the demandingness of deontological duties. That scenario, which involves a situation of torture (specifically, placatory torture – in other words, torture undertaken for the purpose of appeasing people who have demanded that it be administered), will serve as a springboard for my endeavor to vindicate the rationality of deontological absolutes and will help to illuminate the endeavor’s practical implications. (shrink)

This is the most comprehensive book ever published on philosophical methodology. A team of thirty-eight of the world's leading philosophers present original essays on various aspects of how philosophy should be and is done. The first part is devoted to broad traditions and approaches to philosophical methodology. The entries in the second part address topics in philosophical methodology, such as intuitions, conceptual analysis, and transcendental arguments. The third part of the book is devoted to essays about the interconnections between philosophy (...) and neighbouring fields, including those of mathematics, psychology, literature and film, and neuroscience. (shrink)

The relation between art and law is not limited to the scope of censorship or constitutional protection of works of art. The endless tension between State censorship and freedom of expression, even if it highlights the justifiable need to secure the autonomy of art vis-à-vis law, leads us to ignore the common philosophical matrix of the two normative phenomena. The article aims at illuminating the ontological, aesthetic and political parameters of the production of art/law, through the analysis of two important (...) films, Prova d’Orchestra by Federico Fellini and Blow Up by Michelangelo Antonioni. (shrink)

Ronit Stahl and Ezekiel Emanuel have recently issued a stark challenge to conscience protections in medical law and ethics. Their argument is flawed, however. They misrepresent the nature and relevance of conscientious protection in the military, misinterpret the scope of consent tendered by modern medical professionals, and offer no reason to think either that conscientious objection harms patient well-being or that such harm should solely determine the permissibility of conscientious objection. Moreover, and most fundamentally, Stahl and Emanuel do not recognize (...) that conscience protections promote moral integrity, a basic aspect of human well-being that justifies protective action. (shrink)

Although anxiety is frequently seen as a predominantly negative phenomenon, some recent researchers have argued that it plays an important positive function, serving as an alert to warn agents of possible problems or threats. I argue that not only can one’s own, first-personal anxiety perform this function; because it is possible for others—in particular, one’s friends—to feel anxious on one’s behalf, their anxious feelings can sometimes play the same role in our functioning, and make similar contributions to our well-being. I (...) distinguish between a number of kinds of cases in which what I call proxy anxiety serves a positive function, including Anxiety Avoidance (where there is good reason for an agent to avoid becoming anxious herself, but can benefit from a friend’s anxiety on her behalf), Anxiety Omission (where an agent fails to become anxious due to a malfunctioning anxiety-generating system), long-term commitments involving dispositions to feel other-directed proxy anxiety, and cases in which proxy anxiety can help reduce or relieve excessive anxiety. A person’s friends, it is argued, are particularly well positioned to help regulate deficient and/or excessive anxieties, precisely because friends are close enough to care for and identify with the agent, but at the same time distant enough to maintain a relatively objective perspective. I conclude by examining connections between proxy anxiety and theories of well-being. (shrink)

Peter Singer’s recent appointment to Princeton University created considerable controversy, most of it focused on his proposal for active euthanasia of disabled infants. Singer articulates utilitarian ideas that often appear in public discussions of euthanasia. Drawing on Pope John Paul II’s work on ethics and suffering, I argue that Singer’s utilitarian theory of value is impoverished. After introducing the Pope’s ethic based on the imago dei, I discuss love as self-gift. I show how this concept supports a theory of value (...) in which spiritual goods are preeminent over material goods. I then describe how suffering reveals spiritual goods, discussing how participation in Christ’s suffering can alter our perception of value. I also consider how communal responses to suffering provide opportunities for self-giving. Third, I consider Singer’s proposal for killing infants with hemophilia, arguing that it arbitrarily ignores spiritual goods. I then discuss proposals to kill anencephalic infants, discussing how parental response to their suffering can demonstrate an extraordinary love in seemingly hopeless circumstances. I conclude by calling for a more sustained social response to euthanasia initiatives. (shrink)

Abstract: The concepts of virtue and right action are closely connected, in that we expect people with virtuous motives to at least often act rightly. Two well-known views explain this connection by defining one of the concepts in terms of the other. Instrumentalists about virtue identify virtuous motives as those that lead to right acts; virtue-ethicists identify right acts as those that are or would be done from virtuous motives. This essay outlines a rival explanation, based on the "higher-level" account (...) of virtue defended in the author's Virtue, Vice, and Value . On this account rightness and virtue go together because each is defined by a (different) relation to some other, more basic moral concept. Their frequent coincidence is therefore like a correlation between A and B based not on either's causing the other but on their being joint effects of a single common cause. (shrink)

Though political philosophers often presuppose that coercive enforcement is fundamental to law, many legal philosophers have doubted this. This article explores doubts of two types. Some legal philosophers argue that given an adequate account of coercion and coerciveness, the enforcement of law in actual legal systems will generally not count as coercive. Others accept that actual legal systems enforce many laws coercively, but they deny that law has a necessary connection with coercion. There can be individual laws that lack coercive (...) sanctions, and it is at least conceptually possible for there to be a legal system that lacks coercive enforcement altogether. This article then examines why most political philosophers and some legal philosophers have been reluctant to treat the conceptual possibility of non-coercive law as significant. (shrink)

This paper argues for the superiority of natural law theory over consent -based approaches to sexual morality. I begin by criticizing the “consenting adults” sexual ethic that is dominant in contemporary Western culture. I then argue that natural law theory provides a better account of sexual morality. In particular, I will defend the “perverted faculty argument”, according to which it is immoral to use one’s bodily faculties contrary to their proper end.

In this paper I assess the possibility of advancing a modern conception of social justice under neo-Aristotelian lights, focussing primarily on conceptions that assert a fundamental connection between social justice and eudaimonia. After some preliminary remarks on the extent to which a neo-Aristotelian account must stay close to Aristotle’s own, I focus on Martha Nussbaum’s sophisticated neo-Aristotelian approach, which I argue implausibly overworks the aspects of Aristotle’s thought it appeals to. I then outline the shape of a deeper and more (...) general, and as yet unanswered, problem facing neo-Aristotelian accounts: how to justify the claim that the point of a just society is to assist or enable its members to flourish. (shrink)

Robert Nozick's experience machine thought experiment is often considered a decisive refutation of hedonism. I argue that the conclusions we draw from Nozick's thought experiment ought to be informed by considerations concerning the operation of our intuitions about value. First, I argue that, in order to show that practical hedonistic reasons are not causing our negative reaction to the experience machine, we must not merely stipulate their irrelevance (since our intuitions are not always responsive to stipulation) but fill in the (...) concrete details that would make them irrelevant. If we do this, we may see our feelings about the experience machine becoming less negative. Second, I argue that, even if our feelings about the experience machine do not perfectly track hedonistic reasons, there are various reasons to doubt the reliability of our anti-hedonistic intuitions. And finally, I argue that, since in the actual world seeing certain things besides pleasure as ends in themselves may best serve hedonistic ends, hedonism may justify our taking these other things to be intrinsically valuable, thus again making the existence of our seemingly anti-hedonistic intuitions far from straightforward evidence for the falsity of hedonism. (shrink)

The essay considers what respect demands and what trust demands when one person trusts another. What respect requires in responding to trust is substantial but limited, ranging from the sharply proscriptive to the mildly prescriptive. What trust requires is, in a sense, unlimited, its content depending on the extent to which the person who trusts, and more importantly the person who is trusted, seek to build a relationship characterised by trust and trustworthiness.

What are the fundamental divisions in ethics? Which divisions capture the most important and basic options in moral theorizing? In this article, I reject the ‘Textbook View’ which takes the tripartite division between consequentialism, deontology, and virtue ethics to be fundamental. Instead, I suggest that moral theories are fundamentally divided into three independent divisions, which I call the neutral/relative division, the normative priority division, and the maximizing division. I argue that this account of the fundamental divisions of ethics better captures (...) the main concerns that normative ethicists have when assessing moral theories. It also helps us make progress in comparative ethics and makes visible theoretical possibilities obscured by the Textbook View. (shrink)

A comprehensive account of human kindness.

This paper argues that the founding fathers of the tradition of Scottish Enlightenment natural jurisprudence, Gersholm Carmichael (1672–1729) and Francis Hutcheson (1694–1746), articulated a view of rights that is pertinent to the contemporary dominance of the language of rights. Maintaining a metaphysical foundation for rights while drawing upon the early-modern Protestant natural law tradition, their conception of rights is more significantly indebted to the pre-modern scholastic natural law tradition than often realized. This is illustrated by exploring some of the background (...) to their respective theories of rights, detailing the precise reasoning that Carmichael and Hutcheson brought to bear upon their conception of rights, and then exploring their application of their understanding of rights to the question of property. (shrink)

This paper centers upon the issue, within the project of analytic jurisprudence, of how to construe the status of the legal activities of a state when there is a disjuncture between a nation's formal legal commitments, such as those stated within a bill or charter of rights, and the way in which its officials actually engage in the practice of law, i.e., legislation and adjudication. Although there are two positions within contemporary legal theory which focus directly on this issue (Inclusive (...) and Exclusive Legal Positivism), neither is able to offer an acceptable descriptive-explanatory account of the variety of legal activities at play within such situations. Thus, tensions between legal formality and practice, existent in many legal systems today, can be used to delineate a theoretical gap in regard to our understanding of law. This paper serves to acknowledge that point, and suggests a possible constructive solution to the positivists' descriptive-explanatory problem. Furthermore, in taking seriously the gap between the normative orientation of a legal system and its de facto practice, this paper also suggests other areas within analytic jurisprudence that might be meaningfully informed by that issue. (shrink)

This encyclopedia entry urges what it takes to be correctives to common (mis)understandings concerning the phenomenon of incommensurability and incomparability and briefly outlines some of their philosophical upshots.

Our goal in this paper is two-fold. First, we aim to clarify two ways in which contemporary Christian bioethicists have erred, on Engelhardt’s account, in their attempts to do bioethics within a distinctively non-Christian idiom, namely, either (1) by rejecting a principal metaethical thesis or (2) by misrepresenting a principal moral-epistemological thesis of natural-law ethics, properly construed. Second, we intend to show not only that Engelhardt can and should endorse the Christian bioethicists’ use of non-Christian moral idioms in the public (...) square but also—perhaps to the surprise both of his critics and of his supporters—that he does, in fact, do so. (shrink)

Ante ciertos modelos causales del agente libre inspirados en Tomás de Aquino, resulta interesante atender al modelo causal presentado por Tomás mismo, especialmente en un texto a partir del cual se puede rastrear la exposición de la acción libre como el efecto de los cuatro sentidos causales aristotélicos. Se trata de la cuestión sobre los actos imperados (ST I–II, q. 17); en cuyos primeros cuatro artículos –y en sus textos paralelos– determina que la voluntad es causa agente; la razón práctica, (...) causa ordenadora; y el imperium de ambas (razón y voluntad) se relaciona con el acto imperado como lo formal con lo material. (shrink)

My aim in this paper is to investigate what enables human flourishing from a Thomistic perspective by considering Aquinas’ natural inclinations. I will argue that human beings flourish in different ways, depending on their practices. However, not every practice contributes to human flourishing, but only those that are consistent with human nature, which agents grasp through their natural inclinations. To support this argument, I will critically analyze MacIntyre’s account, referring mainly to his latest work (2016). MacIntyre has the merit of (...) highlighting the role of practices in human flourishing by considering the narrative dimension in the agents’ lives, but he fails to recognize the properly metaphysical framework of human nature, that would be provided by the proper consideration of natural inclinations. (shrink)

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 (...) it from an epistemic perspectiveThe three problems are dealt with one at a time, but from a common perspective, i.e., the attempt to integrate the richness and variety of human subjectivity in social research. As to the relationship between psychoanalysis and social research, a special section is devoted to the implications of an integrated or convergent methodology on team-working in organisations. (shrink)

Management scholars and social scientists investigate dynamics of subjective fairness perceptions in the workplace under the umbrella term “organizational justice.” Philosophers and ethicists, on the other hand, think of justice as a normative requirement in societal relationships with conflicting interests. Both ways of looking at justice have neither remained fully separated nor been clearly integrated. It seems that much could be gained and learned by more closely integrating the ethical and the empirical fields of justice. On the other hand, it (...) may simply not be possible to bridge the divide between the subjective empirical and the normative prescriptive justice as both fields pose different questions and rely on different assumptions and methods. In this paper, we propose a “reconciliation” model, as a third way of considering justice in the workplace, taking into account normative and psychological issues pertaining to justice. Through applying a reconciliation model, we provide a new way of looking at the interconnections between justice philosophy and organizational justice that could advance future research in both fields. Our model also implies that justice researchers can and should be concerned with the moral implications of their own subject of research. (shrink)

Businesses have long been admonished for being unduly focused on the pursuit of profit. However, there are some organizations whose purpose is not exclusively economic to the extent that they seek to constitute common good. Building on Christian ethics as a starting point, our article shows how the pursuit of the common good of the firm can serve as a guide for humanistic management. It provides two principles that humanistic management can attempt to implement: first, that community good is a (...) condition for the realization of personal good, and second, that community good can only be promoted if it is oriented towards personal good. To better understand which community good can favor personal good and how it can be achieved, we examine two recent humanistic movements—Conscious Capitalism and Economy of Communion—that strive to participate in the common good. From the analysis of these two movements, we identify a shared managerial willingness to adopt the two principles. Moreover, we also reveal that Conscious Capitalism and Economy of Communion present different ways of linking community good and personal good, and therefore, different means exist for firms to participate in the common good. (shrink)

This article examines two modalities of law, depicted spatially as the vertical and the horizontal. The intellectual background for seeing law in vertical and horizontal dimensions is to be found in much socio-legal scholarship. These approaches have challenged the modernist, legal positivist and essentially vertical view of law as a system of imperatives emanating from a hierarchically superior source such as a sovereign. In keeping with the socio-legal critical tradition, but approaching it from the perspective of legal philosophy, my aim (...) is to address three matters. First, why is vertical law problematic for feminists? Second, what are the theoretical characteristics of law in its horizontal register? Third, how is an appreciation of this ‘flat’ law useful for feminist legal theory and practice? In particular, I consider the ways in which feminist legal theory operating in the horizontal dimension can transgress, without transcending, the vertically determined perimeters of the nation state. (shrink)

Despite becoming one of the most active research areas in organizational behavior, the field of organizational justice has stayed at a safe distance from moral questions of values, as well as from critical questions regarding the implications of fairness considerations on the status quo of power relations in today’s organizations. We argue that both organizational justice research and the managerial practices it informs lack reflexivity. This manifests itself in two possible hypocrisies of fairness. Managers may apply organizational justice knowledge but (...) fail to increase the actual levels of fairness in employment relations. Researchers, on the other hand, may claim to promote fairness through their work while actually providing managers with tools that enable or even encourage them to feed the hypocrisy of fairness identified above. As␣part of our argument, we identify three types of mechanisms managers may use to influence and manage the formation of fairness perceptions. We consider how the exercise of power is related to the potential application of organizational justice knowledge across individual, interpersonal and social levels. Our approach makes power dynamics and moral implications salient, and questions the purely subjectivist view of justice researchers that deliberately discards normative aspects. The questions opened up by considering alternative mechanisms for creating fairness perceptions have led us to formulate a research agenda for organizational justice research that takes multiple stakeholder interests, power dynamics and ethical implications into account. We believe that the fields of organizational justice and normative justice can benefit from combined research. (shrink)

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 (...) cultures is a plausible argument for moral relativism. The second focuses on the possibility of finding shared values and virtues worldwide. The third topic deals with convectional universalistic ethical theories in a global world and the problems they present. Fourth, we consider the traditional natural moral law approach in the context of a global world. The last topic is about human rights, as a practical proposal for introducing universal standards in business. (shrink)

The concept of co‐ordination problems helps solve the problem of authority and obligation in legal theory, but only if the concept is carefully distinguished from the game‐theoretical concept of co‐ordination problems and their solutions. After explaining the game‐theoretical concept, the author defends its application to legal theory by reviewing the exchange he has had with Joseph Raz about the authority of law. Extending that debate, he argues that criticisms from Raz and others miss the point of the co‐ordination thesis; its (...) primary benefit is that it illuminates the source of law's moral authority in the way law enables individuals to co‐ordinate their actions for the common good without imposing a national common enterprise upon them. (shrink)

The ‘Guiding Principles on Business and Human Rights’ (Principles) that provide guidance for the implementation of the United Nations’ ‘Protect, Respect and Remedy’ framework (Framework) will probably succeed in making human rights matters more customary in corporate management procedures. They are likely to contribute to higher levels of accountability and awareness within corporations in respect of the negative impact of business activities on human rights. However, we identify tensions between the idea that the respect of human rights is a perfect (...) moral duty for corporations and the Principle’s ‘human rights due diligence’ requirement. We argue that the effectiveness of the ‘human rights due diligence’ is in many respects dependent upon the moral commitment of corporations. The Principles leave room for an instrumental or strategic implementation of due diligence, which in some cases could result in a depreciation of the fundamental norms they seek to promote. We reveal some limits of pragmatic approaches to coping with business-related human rights abuses. As these limits become more apparent, not only does the case for further progress in international and extraterritorial human rights law become more compelling, but so too does the argument for a more forceful discussion on the moral foundations of human rights duties for corporations. (shrink)