Volume 19, Issue 11, November 2019, Page 78-80.

The goal of this article is to try to resolve two key problems in the duty-based approach of W. D. Ross: the source of principles and a process for moving from prima facie to actual duty. I use a naturalistic explanation for the former and a nine-step method for making concrete ethical decisions as they could be applied to journalism. Consistent with Ross's position, the process is complicated, particularly in tougher problems, and it cannot guarantee correct choices. Again consistent with (...) Ross, such complexity and uncertainty speak in the method's favor, given the difficulty—factual, motivational, and organizational—of ethics problems and decision making. (shrink)

While jurisprudence in the United States has been cast in the general mode of the English common law, modifications over time have produced enough significant variations that American law has a distinctive quality. To illustrate: The exclusionary rule in criminal cases prohibiting the use of evidence (even from reliable witnesses) acquired through illegal search, is not followed in Britain—or, for that matter, in Canada, Germany, and Israel. The punitive-damage concept (PD) in tort law is also a jurisprudential novelty. Punitive damages (...) are imposed in addition to compensatory awards given to tort victims to warn manufacturers and sellers to be careful in their safety and marketing practices. PDs are society's warning signals: Seller beware! Because they are one of society's ways to protect itself, PDs have recently been considered as fines which, to prevent excesses, should be under the rubric of the Eighth Amendment.This essay introduces new elements into the discussion on torts by hypothesizing (1) PDs are fines which belong to the public purse; (2) that expenditures from the public purse should be given to local organizations (like orphanages and inner-city hospitals) which provide vital services for those unable to pay; and (3) that the victim (or the victim's survivor) has a right to designate what local organizations should benefit from his or her punitive-damage awards.The hypotheses require reexamination of the concepts of citizenship, community, and work, respectively.Tort law is an integral part of the American law of injuries, a body of judicial doctrine and legislation and a set of legal arrangements that also include compensation systems and safety legislation. It would have been unthinkable as recently as twenty-five years ago that the tort system would become a source of bitter contention. Today, however, it generates sharp rhetoric and dramatic proposals for change to address its contested problems, as well as strong views in favor of continuing the system essentially intact so as not to disturb its contended benefits. (shrink)

Brinkoetter investigates the potential role that shared moral standards—and international ethics in general—may play in this new world order. But the role that one finds for international ethics in the new world order depends upon whose version of it is being evaluated—in this case George Bush's.

ABSTRACT It is argued that sport, like science or medicine, is a valued human practice and is characterised as much by the moral manner in which its participants conduct themselves as by the pursuit of its own skills, standards and excellences. Virtues, such as justice, honesty and courage, are not only necessary to pursue its goals but to protect it from being corrupted by external interests. After explicating the practice view of sport in contrast to the sociological view, the nature (...) of competition in sport is discussed before examining two related issues: winning at all costs and the taking of performance-enhancing drugs. The importance of practices to education and the good life is also outlined. (shrink)

It seems intuitive to the believer that God intended through instruction in the Law to define morality, intended to lead humankind to “the right and the good.” Further, God's love for humankind, exemplified by the incarnation, atonement and teachings of Jesus, and empowered by the Holy Spirit, should lead to a better world. Indeed, the Christian worldview is a coherent and valid way to look at bioethical issues in public policy and at the bedside. Yet, as this paper explores, in (...) a pluralistic society such as the United States, it is neither possible nor desirable for Christians to try to force their views on others. Still, it is obligatory for Christians to stand up and articulate their views in the public square. We should try to persuade others using either prudential or moral arguments. While we must be willing to live with “the will of the people,” at the same time, we must not be intimidated into accepting the position that our voice is not valid because it has a religious basis. (shrink)

Human attitudes to animals have changed as non-humans have become more widely incorporated in the category of moral agents who deserve some respect. Parallels between the functioning of humans and non-humans have been made for thousands of years but the idea that the animals that we keep can suffer has spread recently. An improved understanding of motivation, cognition and the complexity of social behaviour in animals has led in the last 30 years to the rapid development of animal welfare science. (...) Early attempts to define welfare referred to individuals being in harmony with nature but the first usable definition incorporated feelings and health as part of attempts to cope with the environment. Others considered that welfare is only about feelings but it is argued that as feelings are mechanisms that have evolved they are a part of welfare rather than all of it. Most reviews of welfare now start with listing the needs of the animal, including needs to show certain behaviours. This approach has used sophisticated studies of what is important to animals and has replaced the earlier general guidelines described as freedoms. Many measures of welfare are now used and indicate how good or how poor the welfare is. Naturalness is not a part of the definition of welfare but explains why some needs exist. In recent years, welfare has become established as one of various criteria used to decide on whether a system is sustainable because members of the public will not accept systems that cause poor welfare. The study of welfare has become part of the scientific basis upon which important political decisions are made. (shrink)

While jurisprudence in the United States has been cast in the general mode of the English common law, modifications over time have produced enough significant variations that American law has a distinctive quality. To illustrate: The exclusionary rule in criminal cases prohibiting the use of evidence (even from reliable witnesses) acquired through illegal search, is not followed in Britain—or, for that matter, in Canada, Germany, and Israel. The punitive-damage concept (PD) in tort law is also a jurisprudential novelty. Punitive damages (...) are imposed in addition to compensatory awards given to tort victims to warn manufacturers and sellers to be careful in their safety and marketing practices. PDs are society's warning signals: Seller beware! Because they are one of society's ways to protect itself, PDs have recently been considered as fines which, to prevent excesses, should be under the rubric of the Eighth Amendment.This essay introduces new elements into the discussion on torts by hypothesizing (1) PDs are fines which belong to the public purse; (2) that expenditures from the public purse should be given to local organizations (like orphanages and inner-city hospitals) which provide vital services for those unable to pay; and (3) that the victim (or the victim's survivor) has a right to designate what local organizations should benefit from his or her punitive-damage awards.The hypotheses require reexamination of the concepts of citizenship, community, and work, respectively.Tort law is an integral part of the American law of injuries, a body of judicial doctrine and legislation and a set of legal arrangements that also include compensation systems and safety legislation. It would have been unthinkable as recently as twenty-five years ago that the tort system would become a source of bitter contention. Today, however, it generates sharp rhetoric and dramatic proposals for change to address its contested problems, as well as strong views in favor of continuing the system essentially intact so as not to disturb its contended benefits. (shrink)

Physician-assisted suicide is a novel idea having affinities with both suicide and euthanasia. It has affinities with suicide because it involves a self-inflicted death, and it has affinities with euthanasia because the physician is instrumental in the death. It is, however, not exactly either, making it the subject of an exciting debate.

It is argued that sport, like science or medicine, is a valued human practice and is characterised as much by the moral manner in which its participants conduct themselves as by the pursuit of its own skills, standards and excellences. Virtues, such as justice, honesty and courage, are not only necessary to pursue its goals but to protect it from being corrupted by external interests. After explicating the practice view of sport in contrast to the sociological view, the nature of (...) competition in sport is discussed before examining two related issues: winning at all costs and the taking of performance-enhancing drugs. The importance of practices to education and the good life is also outlined. (shrink)

Barger and Barney (2004/this issue) offered a number of reasons for the public, the news media, and journalism to develop special, mutually supportive standards of conduct. However, they imbedded these reasonable suggestions in an argument that claims far more than can be delivered. In explaining what is wrong with their argument, I place journalistic ethics within a general theory of professional ethics.