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Liberty in Law

Law and Philosophy 21 (4-5):385-465 (2002)

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  1. Punishing the Awkward, the Stupid, the Weak, and the Selfish: The Culpability of Negligence.Michael S. Moore & Heidi M. Hurd - 2011 - Criminal Law and Philosophy 5 (2):147-198.
    Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...)
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  • Supreme emergencies without the bad guys.Per Sandin - 2009 - Philosophia 37 (1):153-167.
    This paper discusses the application of the supreme emergency doctrine from just-war theory to non-antagonistic threats. Two versions of the doctrine are considered: Michael Walzer’s communitarian version and Brian Orend’s prudential one. I investigate first whether the doctrines are applicable to non-antagonistic threats, and second whether they are defensible. I argue that a version of Walzer’s doctrine seems to be applicable to non-antagonistic threats, but that it is very doubtful whether the doctrine is defensible. I also argue that Orend’s version (...)
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  • Approaches to Ethics for Corporate Crisis Management.Per Sandin - 2008 - Journal of Business Ethics 87 (1):109-116.
    The ethics of corporate crisis management is a seriously underdeveloped field. Among recent proposals in the area, two contributions stand out: Seeger and Ulmer’s (2001) virtue ethics approach to crisis management ethics and Simola’s (2003) ethics of care. In the first part of the paper, I argue that both contributions are problematic: Seeger and Ulmer focus on top management and propose virtues that lack substance and are in need of further development. Simola’s proposal is also fraught with difficulty, since it (...)
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  • Ethics in Biodiversity Conservation.Patrik Baard - 2021 - London and New York: Routledge.
    This book examines the role of ethics and philosophy in biodiversity conservation. The objective of this book is two-fold: on the one hand it offers a detailed and systematic account of central normative concepts often used, but rarely explicated nor justified, within conservation biology. Such concepts include 'values', 'rights', and 'duties'. The second objective is to emphasize to environmental philosophers and applied ethicists the many interesting decision-making challenges of biodiversity conservation. The book argues that a nuanced account of instrumental values (...)
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  • The Moral Black Hole.Per Sandin & Misse Wester - 2009 - Ethical Theory and Moral Practice 12 (3):291-301.
    It is commonly believed that people become selfish and turn to looting, price gouging, and other immoral behaviour in emergencies. This has been the basis for an argument justifying extraordinary measures in emergencies. It states that if emergencies are not curtailed, breakdown of moral norms threaten (‘the moral black hole’). Using the example of natural disasters, we argue that the validity of this argument in non-antagonistic situations, i.e. situations other than war and armed conflict, is highly questionable. Available evidence suggests (...)
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