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A Theory of Justice

Oxford,: Harvard University Press. Edited by Steven M. Cahn (1971)

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  1. (1 other version)Research on Medical Records Without Informed Consent.Franklin G. Miller - 2008 - Journal of Law, Medicine and Ethics 36 (3):560-566.
    Observational research involving access to personally identifiable data in medical records has often been conducted without informed consent, owing to practical barriers to soliciting consent and concerns about selection bias. Nevertheless, medical records research without informed consent appears to conflict with basic ethical norms relating to clinical research and personal privacy. This article analyzes the scope of these norms and provides an ethical justification for research using personally identifiable medical information without consent.
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  • The Rule of Law in Contemporary Liberal Theory.Jeremy Waldron - 1989 - Ratio Juris 2 (1):79-96.
    Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.
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  • Law, Morality, Coherence and Truth.Aleksander Peczenik - 1994 - Ratio Juris 7 (2):146-176.
    The author analyzes the relations between truth and law starting from the distinction between practical and theoretical spheres. He shows, first, how moral and legal statements and reasoning are connected with an operation of weighing and balancing different values and principles and how this operation is ultimately based on personal and intuitive preferences and feeling. The criteria developed by the theoretical sciences to define truth (coherence, consensus and pragmatic success) can only be translated into practical statements as criteria of correctness (...)
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  • Evolutionary theory and Christian ethics: Are they in harmony?Michael Ruse - 1994 - Zygon 29 (1):5-24.
    Does modern evolutionary theory (specifically Darwinism) pose a problem for the Christian's thinking about morality? It certainly poses threats for those who would argue that certain practices are wrong because they are “unnatural.” Liberal Christians can probably get around these questions. But at a deeper level, despite superficial similarities between its conclusions and the Love Commandment, Darwinism points to an essential relativism about morality, thereby striking at the very core of all Christian thought on moral behavior. Thus, those who are (...)
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  • A Contractualist Defense of Democratic Authority.David Lefkowitz - 2005 - Ratio Juris 18 (3):346-364.
    This paper provides a defense of the following thesis: When there is reasonable disagreement over the design of morally necessary collective action schemes, it would not be reasonable to reject the authority of a democratic decision procedure to settle these disputes. My first argument is a straightforward application of contractualist reasoning, and mirrors T. M. Scanlon's defense of a principle of fairness for the distribution of benefits produced by a cooperative scheme. My second argument develops and defends the intuition that (...)
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  • The Time of Constitution-Making: On the Differentiation of the Legal, Political and Moral Systems and Temporality of Constitutional Symbolism.JIŘÍ PŘIBÁŇ - 2006 - Ratio Juris 19 (4):456-478.
    The article focuses on the problem of constitutional symbolism in functionally differentiated societies and its relevance to legal, political, and moral systems. The first part analyses differences between the three systems and their constitutional context. The second part concentrates on the moral symbolic function of modern constitutions and its temporal dimension. It shows that the “good/bad” moral code of constitutions draws on expressive symbolism and transforms it into evaluative symbolism and dogma of morality. The final part analyses the prospective character (...)
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  • Global Capitalism and the Fair Distribution of Information in the Marketplace: A Moral Reflection from the Perspective of the Developing World.Johannes Britz, Peter Lor & Theo Bothma - 2006 - Journal of Information Ethics 15 (1):60-69.
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  • (1 other version)“The King of Terrors” Revisited: The Smallpox Vaccination Campaign and its Lessons for Future Biopreparedness.Cynthia P. Schneider & Michael D. McDonald - 2003 - Journal of Law, Medicine and Ethics 31 (4):580-589.
    “Smallpox was always present, filling the churchyard with corpses, tormenting with constant fear all whom it had not yet stricken, leaving on those whose lives it spared the hideous traces of its power, turning the babe into a changeling at which the mother shuddered, and making the eyes and cheeks of the betrothed maiden objects of horror to the lover.” In 1848, British historian T.B. Macaulay first captured the picture of the devastation smallpox wreaked on its victims, but the “King (...)
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  • public Health Ethics From Foundations and Frameworks to Justice and Global public Health.Nancy E. Kass - 2004 - Journal of Law, Medicine and Ethics 32 (2):232-242.
    Public health ethics in the future will be distinguished from public health ethics in the past by this new subfield being labeled as such, acknowledged, and called upon for service. Ethical dilemmas have been present throughout the history of public health. The question of whether to force Henning Jacobson to be immunized in 1905 in accordance with the 1902 Massachusetts smallpox vaccination law was one of ethics as well as law. How Thomas Parran, Surgeon General in 1936, chose to respond (...)
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  • (1 other version)Accounting for Culture in Globalized Bioethics.Patricia Marshall & Barbara Koenig - 2004 - Journal of Law, Medicine and Ethics 32 (2):252-266.
    As we look to the future in a world with porous borders and boundaries transgressed by technologies, an inevitable question is:Can there be a single, global bioethics? Intimately intertwined with this question is a second one: How might a global bioethics account for profound - and constantly transforming - sources of cultural difference? Can a uniform, global bioethics be relevant cross-culturally? These are not simple questions, rather, a multi-dimensional answer is required. It is important to distinguish between two meanings of (...)
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  • Squaring the circle: Teaching philosophical ethics in the military.J. Joseph Miller - 2004 - Journal of Military Ethics 3 (3):199-215.
    On 12 May 1962, a frail Douglas MacArthur delivered his final public speech to the cadets at the United States Military Academy. A West Point graduate himself, MacArthur served as Superintendent of...
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  • Harm, affect, and the moral/conventional distinction.Daniel Kelly, Stephen Stich, Kevin J. Haley, Serena J. Eng & Daniel M. T. Fessler - 2007 - Mind and Language 22 (2):117–131.
    The moral/conventional task has been widely used to study the emergence of moral understanding in children and to explore the deficits in moral understanding in clinical populations. Previous studies have indicated that moral transgressions, particularly those in which a victim is harmed, evoke a signature pattern of responses in the moral/conventional task: they are judged to be serious, generalizable and not authority dependent. Moreover, this signature pattern is held to be pan‐cultural and to emerge early in development. However, almost all (...)
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  • Democratic reasonableness.Thomas A. Spragens - 2008 - Critical Review of International Social and Political Philosophy 11 (2):193-214.
    This essay considers the nature of reasonableness, the distinctive elements of democratic reasonableness, and the benefits that having reasonable citizens confer upon democratic societies. The central theses of the essay include the claims that we can identify a set of norms and a mode of political behavior justifiably construable as constituting democratic reasonableness and that widespread adherence to norms of democratic reasonableness contributes significantly to the stability, legitimacy, and effectiveness of democratic regimes. There are, however, limits to the substantive determinacy (...)
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  • The Emotion of shame and the virtue of righteousness in Mencius.Bryan Van Norden - 2002 - Dao: A Journal of Comparative Philosophy 2 (1):45-77.
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  • Preferential hiring and just war theory.Parker English - 1994 - Journal of Social Philosophy 25 (2):119-138.
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  • (3 other versions)Book review: Christine M. Koggel. Perspectives on Equality: Constructing a Relational Theory. Lanham, md.: Rowman and Littlefield, 1998. [REVIEW]Susan Hekman - 2001 - Hypatia 16 (3):163-166.
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  • Human rights and global health: A research program.Thomas W. Pogge - 2005 - Metaphilosophy 36 (1‐2):182-209.
    One-third of all human lives end in early death from poverty-related causes. Most of these premature deaths are avoidable through global institutional reforms that would eradicate extreme poverty. Many are also avoidable through global health-system reform that would make medical knowledge freely available as a global public good. The rules should be redesigned so that the development of any new drug is rewarded in proportion to its impact on the global disease burden (not through monopoly rents). This reform would bring (...)
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  • Lexical priority and the problem of risk.Michael Huemer - 2010 - Pacific Philosophical Quarterly 91 (3):332-351.
    Some theories of practical reasons incorporate a lexical priority structure, according to which some practical reasons have infinitely greater weight than others. This includes absolute deontological theories and axiological theories that take some goods to be categorically superior to others. These theories face problems involving cases in which there is a non-extreme probability that a given reason applies. In view of such cases, lexical-priority theories are in danger of becoming irrelevant to decision-making, becoming absurdly demanding, or generating paradoxical cases in (...)
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  • The Role of the National Science Foundation Broader Impacts Criterion in Enhancing Research Ethics Pedagogy.Seth D. Baum, Michelle Stickler, James S. Shortle, Klaus Keller, Kenneth J. Davis, Donald A. Brown, Erich W. Schienke & Nancy Tuana - 2009 - Social Epistemology 23 (3):317-336.
    The National Science Foundation's Second Merit Criterion, or Broader Impacts Criterion , was introduced in 1997 as the result of an earlier Congressional movement to enhance the accountability and responsibility as well as the effectiveness of federally funded projects. We demonstrate that a robust understanding and appreciation of NSF BIC argues for a broader conception of research ethics in the sciences than is currently offered in Responsible Conduct of Research training. This essay advocates augmenting RCR education with training regarding broader (...)
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  • Hume's and Smith's Partial Sympathies and Impartial Stances.Jon Rick - 2007 - Journal of Scottish Philosophy 5 (2):135-158.
    The moral psychology of sympathy is the linchpin of the sentimentalist moral theories of both David Hume and Adam Smith. In this paper, I attempt to diagnose the critical differences between Hume's and Smith's respective accounts of sympathy in order to argue that Smithian sympathy is more properly suited to serve as a basis for impartial moral evaluations and judgments than is Humean sympathy. By way of arguing this claim, I take up the problem of overcoming sympathetic partiality in the (...)
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  • Philosophical perfectionism – consequences and implications for sport.Gunnar Breivik - 2010 - Sport, Ethics and Philosophy 4 (1):87 – 105.
    Ethical theories in sport philosophy tend to focus on interpersonal relations. Little has been said about sport as part of the good life and as experienced from within. This article tries to remedy this by discussing a theory that is fitting for sport, especially elite sport. The idea of perfection has a long tradition in Western philosophy. Aristotle maintains that the good life consists in developing specific human faculties to their fullest. The article discusses Hurka's recent version of Aristotelian perfectionism (...)
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  • Private Equity and the Public Good.Kevin Morrell & Ian Clark - 2010 - Journal of Business Ethics 96 (2):249 - 263.
    The dominance of agency theory can reduce our collective scope to analyse private equity in all its diversity and depth. We contribute to theorisation of private equity by developing a contrasting perspective that draws on a rich tradition of virtue ethics. In doing so, we juxtapose 'private equity' with 'public good' to develop points of rhetorical and analytical contrast. We develop a typology differentiating various forms of private equity, and focus on the 'take private' form. These takeovers are where private (...)
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  • Risk and distributive justice: The case of regulating new technologies.Maria Paola Ferretti - 2010 - Science and Engineering Ethics 16 (3): 501-515.
    There are certain kinds of risk for which governments, rather than individual actors, are increasingly held responsible. This article discusses how regulatory institutions can ensure an equitable distribution of risk between various groups such as rich and poor, and present and future generations. It focuses on cases of risk associated with technological and biotechnological innovation. After discussing various possibilities and difficulties of distribution, this article proposes a non-welfarist understanding of risk as a burden of cooperation.
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  • Effective use of a limited antiviral stockpile for pandemic influenza.Nimalan Arinaminpathy, J. Savulescu & Angela R. Mclean - 2009 - Journal of Bioethical Inquiry 6 (2):171-179.
    Just allocation of resources for control of infectious diseases can be profoundly influenced by the dynamics of those diseases. In this paper we discuss the use of antiviral drugs for treatment of pandemic influenza. While the primary effect of such drugs is to alleviate and shorten the duration of symptoms for treated individuals, they can have a secondary effect of reducing transmission in the community. However, existing stockpiles may be insufficient for all clinical cases. Here we use simple mathematical models (...)
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  • Moral principles for allocating scarce medical resources in an influenza pandemic.Marcel Verweij - 2009 - Journal of Bioethical Inquiry 6 (2):159--169.
    One of the societal problems in a new influenza pandemic will be how to use the scarce medical resources that are available for prevention and treatment, and what medical, epidemiological and ethical justifications can be given for the choices that have to be made. Many things may become scarce: personal protective equipment, antiviral drugs, hospital beds, mechanical ventilation, vaccination, etc. In this paper I discuss two general ethical principles for priority setting (utility and equity) and explain how these principles will (...)
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  • Disability, status enhancement, personal enhancement and resource allocation.Jonathan Wolff - 2009 - Economics and Philosophy 25 (1):49-68.
    It often appears that the most appropriate form of addressing disadvantage related to disability is through policies that can be called “status enhancements”: changes to the social, cultural and material environment so that the difficulties experienced by those with impairments are reduced, even eradicated. However, status enhancements can also have their limitations. This paper compares the relative merits of policies of status enhancement and “personal enhancement”: changes to the disabled person. It then takes up the question of how to assess (...)
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  • Race, ideology, and ideal theory.James Boettcher - 2009 - Metaphilosophy 40 (2):237-259.
    Abstract: Philosophers who have addressed the problems of enduring racial injustice have been suspicious of the role played by ideal theory in ethics and political philosophy generally, and in contemporary liberal political philosophy in particular. The theoretical marginalization of race in the work of Rawls has led some to charge that ideal theory is at the very least unhelpful in understanding one of the most significant forms of contemporary injustice, and is at worst ideological in the pejorative sense. To explore (...)
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  • Feminist Ethics and Everyday Inequalities.Samantha Brennan - 2009 - Hypatia 24 (1):159.
    How should feminist philosophers regard the inequalities that structure the lives of women? Some of these inequalities are trivial and others are not; together they form a framework of unequal treatment that shapes women’s lives. This paper asks what priority we should give inequalities that affect women; it critically analyzes Claudia Card’s view that feminists ought to give evils priority. Sometimes ending gender-based inequalities is the best route to eliminating gender-based evil.
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  • Pluralism, Imagination, and Estrangement.Lisa Rivera - 2006 - Philosophical Papers 35 (3):327-365.
    This paper argues that the diversity of conflicting comprehensive doctrines in liberal pluralist societies raises a problem of estrangement between citizens and the basic structure of society that Rawls' version of political liberalism does not successfully solve. 'Political estrangement' occurs when someone refuses to accept a political outcome that favors a comprehensive doctrine she rejects, based on what she imagines, correctly or incorrectly, to be true of her fellow citizens' comprehensive doctrines and their effect on political outcomes. Rawls argues that (...)
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  • Nuclear energy and obligations to the future.R. Routley & V. Routley - 1978 - Inquiry: An Interdisciplinary Journal of Philosophy 21 (1-4):133 – 179.
    The paper considers the morality of nuclear energy development as it concerns future people, especially the creation of highly toxic nuclear wastes requiring long?term storage. On the basis of an example with many parallel moral features it is argued that the imposition of such costs and risks on the future is morally unacceptable. The paper goes on to examine in detail possible ways of escaping this conclusion, especially the escape route of denying that moral obligations of the appropriate type apply (...)
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  • The Smoking Penalty: Distributive Justice or Smokism?Martin J. Lecker - 2009 - Journal of Business Ethics 84 (S1):47 - 64.
    This study addresses whether businesses discriminate against employees who smoke, which for the purposes of this study is called smokism. It began with a description of the employers' costs which led to the development of these smoking bans and examined several company policies as a result of these costs. The viewpoints from several perspectives toward these policies and their perceptions about smokers were also reviewed. This was followed by surveying the corporate smoking policies of 76 companies representing 287 employees in (...)
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  • Injustice in american liberal democracy: Foundations for a Rawlsian critique. [REVIEW]Edwin L. Goff - 1984 - Journal of Value Inquiry 18 (2):145-154.
    Rawls stipulates that nonideal theory must include theories of punishment and compensatory justice, as well as a justification for the forms of opposition to unjust regimes, from civil disobedience and conscientious refusal to militant resistance, rebellion and revolution. (TOJ, p. 8) Given the Kantian interpretation of nonideal theory we now can see that each of its parts must be constructed to contribute to the teaching of justice. The preferred theory of moral development enables us to understand how persons come to (...)
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  • Towards a reasons-based pragmatic ethical framework.A. M. Viens - 2008 - American Journal of Bioethics 8 (4):41 – 43.
    Brendel and Miller (2008) take the most distinctive commitment in their pragmatic approach to be treating ethical principles as having a hypothetical status. I am sympathetic to a pragmatic approac...
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  • Philosophy of education.D. C. Phillips - 2008 - Stanford Encyclopedia of Philosophy.
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  • Are Liberal Peoples Peaceful?Leif Wenar & Branko Milanovic - 2008 - Journal of Political Philosophy 17 (4):462-486.
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  • (1 other version)The Descent of Shame.Heidi L. Maibom - 2010 - Philosophy and Phenomenological Research 80 (3):566 - 594.
    Shame is a painful emotion concerned with failure to live up to certain standards, norms, or ideals. The subject feels that she falls in the regard of others; she feels watched and exposed. As a result, she feels bad about the person that she is. The most popular view of shame is that someone only feels ashamed if she fails to live up to standards, norms, or ideals that she, herself, accepts. In this paper, I provide support for a different (...)
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  • The ideal of harmony in ancient chinese and greek philosophy.Chenyang Li - 2008 - Dao: A Journal of Comparative Philosophy 7 (1):81-98.
    This article offers a study of the early formation and development of the ideal of harmony in ancient Chinese philosophy and ancient Greek philosophy. It shows that, unlike the Pythagorean notion of harmony, which is primarily based on a linear progressive model with a pre-set order, the ancient Chinese concept of harmony is best understood as a comprehensive process of harmonization. It encompasses spatial as well as temporal dimensions, metaphysical as well as moral and aesthetical dimensions. It is a fundamentally (...)
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  • (2 other versions)Educational justice and socio-economic segregation in schools.Harry Brighouse - 2007 - Journal of Philosophy of Education 41 (4):575–590.
    Sociologists exploring educational injustice often focus on socio-economic segregation as a central measure of injustice. The comprehensive ideal, furthermore, has the idea of socio-economic integration built into it. The current paper argues that socio-economic segregation is valuable only insofar as it serves other, more fundamental values. This matters because sometimes policy-makers will find themselves facing trade-offs between increasing integration and promoting the other, more fundamental values that underpin the value of integration.
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  • (1 other version)Classical German philosophy and Cohen's critique of Rawls.Julius Sensat - 2003 - European Journal of Philosophy 11 (3):314–353.
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  • Time preference, the environment and the interests of future generations.E. Wesley & F. Peterson - 1993 - Journal of Agricultural and Environmental Ethics 6 (2):107-126.
    The behavior of individuals currently living will generally have long-term consequences that affect the well-being of those who will come to live in the future. Intergenerational interdependencies of this nature raise difficult moral issues because only the current generation is in a position to decide on actions that will determine the nature of the world in which future generations will live. Although most are willing to attach some weight to the interests of future generations, many would argue that it is (...)
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  • (1 other version)Critical thinking and education for democracy.Mark Weinstein - 1991 - Educational Philosophy and Theory 23 (2):9–29.
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  • Cross-cultural business ethics: Ethical beliefs difference between blacks and whites. [REVIEW]John Tsalikis & Osita Nwachukwu - 1988 - Journal of Business Ethics 7 (10):745 - 754.
    This study investigates the differences in ethical beliefs between blacks and whites in the United States. Two hundred and thirty four white students and two hundred and fifty five black students were presented with two scenarios and given the Reidenbach-Robin instrument measuring their ethical reactions to the scenarios.Contrary to previous research, the results indicate that the two groups, which belong to different subcultures, have similar ethical beliefs.
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  • The powers and capabilities of selves: Social and collective approaches.Guy E. Swanson - 1985 - Journal for the Theory of Social Behaviour 15 (3):331–354.
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  • Ethics and intervention.Michael Joseph Smith - 1989 - Ethics and International Affairs 3:1–26.
    The moral complexity surrounding intervention is influenced by a broad spectrum of both ethical and practical assumptions and considerations.
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  • Free will, egalitarianism and Rawls.Saul Smilansky - 2003 - Philosophia 31 (1-2):127-138.
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  • Ethics of caring and the institutional ethics committee.Betty A. Sichel - 1990 - HEC Forum 2 (4):45 - 56.
    Institutional ethics committees (IECs) in health care facilities now create moral policy, provide moral education, and consult with physicians and other health care workers. After sketching reasons for the development of IECs, this paper first examines the predominant moral standards it is often assumed IECs are now using, these standards being neo-Kantian principles of justice and utilitarian principles of the greatest good. Then, it is argued that a feminine ethics of care, as posited by Carol Gilligan and Nel Noddings, is (...)
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  • On that peculiar practice of promising.Kenneth Shockley - 2008 - Philosophical Studies 140 (3):385 - 399.
    T. M. Scanlon has alleged that the social practice of promising fails to capture the sense in which when I break my promise I have wronged the promisee in particular. I suggest the practice of promising requires the promisee to have a normatively significant status, a status with interpersonal authority with respect to the promisor, and so be at risk of a particular harm made possible by the social practice of promising. This formulation of the social practice account avoids Scanlon’s (...)
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  • Care, gender and global social justice: Rethinking 'ethical globalization'.Fiona Robinson - 2006 - Journal of Global Ethics 2 (1):5 – 25.
    This article develops an approach to ethical globalization based on a feminist, political ethic of care; this is achieved, in part, through a comparison with, and critique of, Thomas Pogge's World Poverty and Human Rights. In his book, Pogge makes the valid and important argument that the global economic order is currently organized such that developed countries have a huge advantage in terms of power and expertise, and that decisions are reached purely and exclusively through self-interest. Pogge uses an institutional (...)
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  • Do we have a coherent set of intuitions about moral responsibility?Dana K. Nelkin - 2007 - Midwest Studies in Philosophy 31 (1):243–259.
    I believe that the data is both fascinating and instructive, but in this paper I will resist the conclusion that we must give up Invariantism, or, as I prefer to call it, Unificationism. In the process of examining the challenging data and responding to it, I will try to draw some larger lessons about how to use the kind of data being collected. First, I will provide a brief description of some influential theories of responsibility, and then explain the threat (...)
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  • Ethical public relations practitioners must not ignore 'public interest'.David L. Martinson - 1995 - Journal of Mass Media Ethics 10 (4):210 – 222.
    In this study the author argues that public relations practitioners must not ignore the public interest even though the term has been the subject of vigorous debate within both academic and professional circles. The author maintains - not-withstanding the controversy - that the public interest is intrinsic to the very definition of what it is public relations people do. He suggests the solution to the definitional problem rests in first formulating an abstract (general) definition, then moving to the operational level.
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