This article suggests that the introduction of employment protection rights for whistleblowers has implications for the way in which trust and loyalty should be viewed at the workplace. In particular, it is argued that the very existence of legislative provisions in the United Kingdom reinforces the notion that whistleblowing should not be regarded as either deviant or disloyal behaviour. Thus, the internal reporting of concerns can be seen as an act of trust and loyalty in drawing the employer's attention to (...) wrongdoing. Equally, external whistleblowing may result from a worker's belief that he or she also has a loyalty to the wider society. Given that the interests of employees do not necessarily coincide with those of their employer and that whistleblowers sometimes suffer reprisals, the author concludes that it is inappropriate to impose a contractual duty to report concerns. Instead, employers should endeavour to promote a culture of openness and create confidence in the mechanisms they provide for whistleblowing. (shrink)

This paper shows that the problem of treating people as equals in a world marked by deep-seated and, often, recalcitrant inequalities has implications for the way we approach the provision of security and justice. On the one hand, it means that racial profiling will generally be unjustified even when it might promote collective interests in security, on the other, it means that we should strive to create racially mixed juries, even in cases where defendant and alleged-victim are of the same (...) race. The paper examines a recent report on race and jury trials in the United Kingdom and concludes that, despite the author's claims that all-white juries are fair, the data shows the complex ways in which racial differences are translated into unjustified and arbitrary inequalities. Hence, it concludes, racially mixed juries are desirable, and sometimes necessary for justice, though probably not sufficient. (shrink)

John Rawls's A Theory of Justice is an extremely long and elaborate work. But despite the length and the elaboration there is at the heart of the work a crucial set of unargued assumptions which need to be challenged. When this is done we are in a position to provide additional support for the critical conclusions of several other commentators who concentrate on other features of Rawls's system.

Gesundheit and colleagues offer dramatic examples of the medical treatment of terrorists but then pose the suggestion that those who engage in terrorism forfeit their right to medical care, and, consequently, that physicians have no obligation to treat them. Their argument presupposes that a physician’s obligation to provide medical care depends on the patients’ right to health care. Therefore, someone who commits heinous and abhorrent acts thereby waives the right to health care and the physicians’ duty to provide health care (...) might consequently be absolved. This view may appeal to physicians who have experienced the complexity and discomfort of treating someone whose morality or even humanity they question, such as a rapist, a serial killer, or a perpetrator of genocide. However we have grounds to believe that the duty of physicians to treat is not based on the moral worth of patients, but rather on the duties that physicians have, and this notion renders any concern about the unacceptability of any person’s behavior irrelevant in determining whether to provide treatment. We will first argue that not all duties are directly derived from rights, and then illustrate how deontological views, along with common views on the role morality of physicians, provide a basis for offering indiscriminate medical care. Second, we will discuss the physician’s role in the context of war, and offer one compelling moral reason on the basis of which warfare norms do indeed obligate physicians to extend their duty to care toward enemies, terrorists included, independently of whatever right they maintain. (shrink)

This paper examines the Adventures of Huckleberry Finn in the light of the early Confucian thinker Mencius, arguing in essence that Mencian theories of moral development and self-cultivation can help us to recover the moral significance of Twain's novel. Although 'ethical criticisms' of Huckleberry Finn share a long history, I argue that most interpretations have failed to appreciate the moral significance of Jim, either by focusing on the moral arc of Huck in isolation or by casting Jim in one-dimensional terms (...) simply as a symbol or example of human dignity. By invoking the Mencian ideas of 'moral power' ( de ), human goodness, and the virtues of sympathy and humaneness, this study attempts to bring into relief the many ways that Jim, particularly in his role as an exemplar, functions as an active force in the moral life of Huck. It is hoped that this revised Mencian reading of Huckleberry Finn can restore the moral center of the novel and contribute to the growing discussion on the virtues in moral education. (shrink)

The deep and lasting changes to human behaviour that are required to address the global environmental crisis necessitate profound shifts in moral foundations. They amount to a change in what individuals and societies conceive of as progress. This imperative raises important questions about the justification, ends, and means of large-scale changes in people’s ethics. In this essay I will focus on the ends—the direction of moral change as prescribed by the goal of sustainable human flourishing. I shall present a meta-ethical (...) critique of anthropocentrism and propose that only an ecocentric ethic can support the sustainable flourishing of humanity. This proposition does not necessarily contradict itself. My claim will be that the values subsumed under the broad concept of anthropocentrism are categorically counterproductive, informing an undesirable concept of “progress”. I support this claim with two lines of argument. On the one hand, the end values of anthropocentrism are shallow and the “flourishing of humanity” is ill-defined. The conceptual constraints of anthropocentrism itself preclude a more concise definition which would take into account the utter dependence of the flourishing of humanity on the health of ecological support structures. On the other hand, pursuing the values that inform the actions of anthropocentrists (which may be identical with the “flourishing of humanity”) leads to unintended and undesirable outcomes, even from the view of the anthropocentrist herself. Those problems are not encountered with an ecocentric ethic, and the conceptual steps necessary to adopt it are not insurmountable. (shrink)

This article offers some general criticisms of the idea that any political theory can legitimate public health interventions, and then some particular criticisms of Civic Republicanism as a political theory for public health. Civic Republicanism, I argue, legitimizes liberty-infringing public health interventions by demanding high levels of civic engagement in framing and reviewing them; to demand such engagement in pursuit of such a baseline value as health will leave insufficient civic energy for the pursuit of higher values.

Theories of global justice range from the utilitarian philosophy of Peter Singer to the institutional design arguments of Thomas Pogge. These works have grappled with a wide range of issues, but almost all of them have been driven by the recognition of two core problems: the huge numbers of people mired in poverty and the increasing levels of inequality. Much of this literature begins with these two problems and then proposes schemes to resolve them. This problem-solving approach to the issue (...) of global poverty and inequality has tended to avoid engagements with figures in the history of political thought. One thinker who has certainly inspired much of this literature, either explicitly or implicitly, is Immanuel Kant. With his rigorous method, systemic structure of metaphysics and morality, and celebration of Enlightenment reason over staid authority structures, Kant presents a model for how to undertake rational arguments in response to moral dilemmas. (shrink)

This report explores the relationship between philosophy and medicine in the U.K. We note that medical training involves very little formal instruction in philosophy and ethics, and that, with few exceptions, philosophers in the U.K. do not contribute to the instruction of physicians or the philosophy of medicine. However, reviewing the problems arising out of recent developments within scientific medicine we find a pressing need for future philosophical analysis in the following areas: psychiatry, organ transplantation, abortion, euthanasia, experiments on living (...) subjects, consent, confidentiality, the relationship between medicine and political authority, and the provisions for social justice in medicine. (shrink)

Peter Winch, in his political philosophy, wanted to rethink the concepts of political authority, legitimacy and political culture, with a starting point in Wittgensteinian ideas. This essay brings together Winch's thoughts on political authority. Developing insights from Wittgenstein's work on certainty, Winch emphasised the unstated background behind any normative stand concerning authority. Ideas of legitimacy and civil society are formed within historically specific political cultures. In the 1990s, Winch was increasingly inclined to emphasise disagreement, which was related to his developing (...) views on understanding, logic and reasoning. This development is traced, in part, on the basis of unpublished lecture notes. (shrink)

Protection of intellectual property as well as its exploitation for monetary benefit have existed for centuries. However, commercialization of intellectual property had not entered the precincts of academic universities in a significant way until the introduction of the Bayh–Dole Act in the 1980s in the United States. The post–Bayh–Dole era has seen a quantitative increase in patenting activity in universities. This article summarizes the ethical conflicts ushered in by increasing commercialization of academic university research. Activities related to the protection and (...) commercial exploitation of intellectual property have led to changes in academic culture that have given room for debate between the puritans and the modernists. Issues contended by the two groups have been identified, and both sides of the argument are discussed. The key to achieving “responsible commercialization of research” is to balance the Bayh–Dole ethos with the traditional Mertonian norms of academic research. (shrink)

Against scepticism from thinkers including John Rawls and Thomas Nagel about the appropriateness of justice as the concept through which global ethical concerns should be approached, Amartya Sen argues that the problem lies not with the idea of justice, but with a particular approach to thinking of justice, namely a transcendental approach. In its stead Sen is determined to offer an alternative systematic theory of justice, namely a comparative approach, as a more promising foundation for a theory of ?global justice.? (...) But in the end Sen offers no such thing. He does not develop a theory of justice and this is all to the good; for if values are plural in the way Sen suggests, then justice is not a master idea but one value among many, and it should be neither the first virtue of social institutions, nor the notion that frames all our reflections on ethical and political life. (shrink)

Although risk and uncertainty are inevitable aspects of the sustainability problem, they are often neglected in the sustainability discourse, especially in the economic analysis of sustainable development. We argue that this deprives the sustainability discourse of interesting connections to risk management. We show that defining sustainability as the obligation to limit the risk of harming future individuals provides a framework in which tools from risk management, like mean-variance analysis, can be employed to analyze planning decisions and to calculate a risk-minimizing (...) policy mix. Furthermore, we discuss whether such a notion of sustainability can be an ethically tenable sustainability concept and how a positive probability of harming future individuals might be defended. (shrink)

How should socially privileged white feminists address their privilege? Often, individuals are urged to overcome their own personal racism through a politics of self-transformation. The paper argues that this strategy may be problematic, since it rests on an over-autonomous conception of the self. The paper turns to Simone de Beauvoir for an alternative account of the self, as “situated,” and explores what this means for a politics of privilege.

The purpose of this paper is to demonstrate how condom manufacturers and their marketers have failed to adequately promote their product to the male homosexual population (gays). Inasmuch as the AIDS syndrome constitutes a major life-threatening danger and that gays appear to be particularly vulnerable, failure to aggressively promote a known preventive such as condoms to gays constitutes negligent homicide.The method used here defines what is traditionally viewed as a viable target market, analyzes the major elements of marketing with regard (...) to gays, and examines the neglect of condom promotion by their manufacturers. (shrink)

This article presents a new model aimed at predicting behavior in games involving a randomized allocation procedure. It is designed to capture the relative importance and interaction between procedural justice (defined crudely in terms of the difference between one’s expected payoff and average expected payoff in the group) and distributive justice (difference between own and average actual payoffs). The model is applied to experimental games, including “randomized” variations of simple sequential bargaining games, and delivers qualitatively correct predictions. In view of (...) the model redistribution of income can be seen as a substitute for vertical social mobility. This contributes to the explanation of greater demand for redistribution in European countries vis-a-vis the United States. I conclude with suggestions for further verification of the model and possible extensions. (shrink)

Mosher and Bond (this issue) suggest experimental designs that are not appropriate for the research purposes they criticize. In defending their own research, they make contradictory statements about the realism of their guided imagery procedure for simulating rape. They present data that we believe provide evidence for the possibility that wrongful harm occurred in their previous research. We assert our right to study the ethics of research and object to specious charges of having threatened sexual freedom and being associated with (...) ideologues of the right and left. (shrink)

Erik Schokkaert's note presents a very good summary of the theory of macrojustice and a very good list of the directions of research it points to. This is quite fitting since a research programme defines a paradigm, and he sees this proposal as a paradigm shift. This is also very appropriate since his own qualifications are the best for advancing fast in these research topics. I have only a very small number of qualifications to add to his presentation, but I (...) prefer to begin with emphasizing the most important issues. Two aspects can be seen as the most important: the de facto axiomatic derivation of the solution ELIE and its application on the one hand, and the present state of scholarly studies of the optimum or just distribution of income on the other hand. Let us enter by the second door (as opposed to what is done in the book Macrojustice). This will lead us to conclude with a more synthetic and broader view of the basic logic of the paradigms of justice and of the surprising recent history of their interpretations. (shrink)

This article deals with the conceptual features and the rational justification of moral rights. For this purpose, the author starts with a common classification of rights, i.e., the distinction between rights in rem and rights in personam. He argues that rights of the first kind can be justified by a two‐fold application of the principle of universalizability, while the latter are based on moral rules concerning special social relations, rules which themselves are founded on the principle of universalizability. This distinction, (...) however, does not suffice to cover a further category of rights that play a very important role in social life, namely the rights of community membership, i.e., the particular rights that exist between the members of a social community. These rights cannot be derived from universalizability alone, but, instead, are based on the idea of social justice. This paper provides a short account of the main principles of social justice, and tries to apply them to property and welfare rights. (shrink)

Human rights discourses are increasingly being coupled to discourses on citizenship and citizenship education. In this paper, I consider the premise that human rights might provide a theoretical underpinning for citizenship. I categorise citizenship into five main categories—moral, legal, identity-based, participatory and cosmopolitan. Bringing together theoretical and documentary evidence, I argue that human rights cannot logically be a theoretical underpinning for citizenship, regardless of how citizenship may be conceptualised. This is because human rights discourses are located within a universalist frame (...) of reference, in contrast to that of citizenship, which is located within a more particularist frame. Human rights are conceptually distinct from citizenship, and the conflating of human rights with citizenship not only is conceptually incoherent, but may actually obstruct the empowerment and active participation of individual citizens in the context of a political community. (shrink)

The debate about the credentials of sociobiology has persisted because scholars have failed to distinguish the varieties of sociobiology and because too little attention has been paid to the details of the arguments that are supposed to support the provocative claims about human social behavior. I seek to remedy both deficiencies. After analysis of the relationships among different kinds of sociobiology and contemporary evolutionary theory, I attempt to show how some of the studies of the behavior of nonhuman animals meet (...) the methodological standards appropriate to evolutionary research. I contend that the efforts of E. O. Wilson, Richard Alexander, Charles Lumsden, and others to generate conclusions about human nature are flawed, both because they apply evolutionary ideas in an unrigorous fashion and because they use dubious assumptions to connect their evolutionary analyses with their conclusions. This contention rests on analyses of many of the major sociobiological proposals about human social behavior, including: differences in sex roles, racial hostility, homosexuality, conflict between parents and adolescent offspring, incest avoidance, the avunculate, alliances in combat, female infanticide, and gene–culture coevolution.Vaulting Ambitionthus seeks to identify what is good in sociobiology, to expose the errors of premature speculations about human nature, and to prepare the way for serious study of the evolution of human social behavior. (shrink)

The principle of fairness holds that individuals (beneficiaries) who benefit from a cooperative scheme of others (cooperators) have an obligation to do their share in return for their benefit. The original proponent of this principle, H. L. A. Hart suggests ‘mutuality of restrictions’ as a moral basis because it is fair to mutually restrict the freedom of both beneficiaries and cooperators; so called the fairness obligation. This paper explores ‘mutuality of restrictions’, which is interpreted as a right-based and an equality-based (...) justification of the fairness obligation. It is not argued whether both ways of justifying the obligation makes a success, but that they are in need of presupposing that there is a duty for beneficiaries to do their share in return for their benefit. This suggests turning to a duty-based justification of the fairness obligation. (shrink)

This essay will address a general philosophical concern about autonomy, namely, that a conception of autonomy focused on freedom of the will alone is inadequate, once we consider the effects of oppressive forms of socialization on individuals’ formation of choices. In response to this problem, I will present a brief overview of Diana Meyers’s account of autonomy as relational and practical. On this view, autonomy consists in a set of socially acquired practical competencies in self-discovery, self-definition, self-knowledge, and self-direction. This (...) account provides a distinction between choices that express unreflectively internalized social norms and those that are the result of a critical ‘self-reading’. I conclude that this practical conception of autonomy makes much higher demands upon nurses (and patients) than has previously been thought. In fact, if nurses are to be expected to genuinely promote autonomy, they are going to need specific training in counselling-type communication skills. (shrink)

This article places the issue of quoting practices in journalism - widely debated in public and professional forums since the Masson-Malcolm (Masson v. New Yorker Magazine, 1991) dispute - into both practical and ethical contexts. It suggests that the multitude of ethical dilemmas facing journalists in the handling of quotations can be addressed by adapting Bok's (1979) test of publicity, which requires that journalists willingly imagine themselves under scrutiny. The spirit of the test asks journalists to embrace this central orienting (...) rhetorical question: Is my behavior such that I'd be comfortable having all my audiences - interview subject, editor, public, and self - simultaneously monitor my choice(s), knowing that I might later be called upon to justify my actions. (shrink)

Ki Su Kim; J. S. Mill's Concept of Maturity as the Criterion in Determining Children's Eligibility for Rights, Journal of Philosophy of Education, Volume 24, Is.

The author argues that all governments are morally obliged to support international institutions that advocate crosscultural and global public goods to advance the fairness principle.

This research engages with the problem of company-community conflict in mining. The inequitable distributions of risks, impacts, and benefits are key drivers of resource conflicts and are likely to remain at the forefront of mining-related research and advocacy. Procedural and interactional forms of justice therefore lie at the very heart of some of the real and ongoing challenges in mining, including: intractable local-level conflict; emerging global norms and performance standards; and ever-increasing expectations for the industry to translate high-level corporate social (...) responsibility policy into on-the-ground practice. This research focuses on the "process" aspects of resource conflicts through an examination of existing grievance-handling procedures at six mining operations where company-community conflict was present. In their current form, and on their own, the six mechanisms were found to be insufficient in their capacity to advance justice. The authors argue that if the overall objective of global norms is that companies construct and perform grievance handling in ways that strongly preference just practices, then "mechanisms-inpractice" must be better understood and constructively critiqued along all justice dimensions. (shrink)

Most of us are more or less dissatisfied with some aspect of our present self and want to change it to a better future self. This makes us divided beings. The beliefs, emotions, and motives of our present self prompt us to act in one way and our desired future and better self often prompts us to act in another way. This makes us ambivalent. One of the shibboleths of the present age is that the key to overcoming our ambivalence (...) is to cultivate autonomy. This Kantian ideal is defended, developed, and somewhat revised by Christine Korsgaard, who constructs an ideal theory of self-constitution. This theory is untenable. Its very nature makes it incapable of addressing the concrete problems ambivalence presents to us in our very different individual circumstances. It unreasonably claims that either we meet arbitrary, unrealistic, and mind-bogglingly complex requirements, or disqualify ourselves from being rational and moral agents. And it optimistically assumes that by becoming more autonomous, we become more rational and moral, rather than merely continue to act in the ways we have been acting before. The failure of this latest ideal theory does not show that there is something wrong with autonomy. It shows that the extravagant claims Korsgaard makes for autonomy are groundless. The way to cope with our ambivalence is not to follow a theory, but to think better and harder about what we – individuals in individual circumstances – are, and want to be. (shrink)

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 (...) to a raging syphilis epidemic in the United States in the early part of the 2W century raised considerable moral debate in determining the appropriate public health response for a government? More recently, questions have arisen concerning the appropriate reach of government in controlling HIV banning smoking, or promoting healthy lifestyles. Debates over government infringement, morality, and justice recur throughout the history of public health. (shrink)

Though abortion is legal in Canada, policies currently in place at various levels of the health care system, and the individual actions of medical professionals, can inhibit access to abortion. This paper examines the various extra-legal barriers to abortion access that exist in Canada, and argues that these barriers are unjust because there are no good reasons for the restrictions on autonomy that they present. The paper then outlines the various policy measures that could be taken to improve access.

Political philosophy presents a static conception of childhood as a state of lack, a condition where intellectual, physical, and moral capacities are undeveloped. This view, referred to by David Kennedy as the deficit view of childhood, is problematic because it systematically disparages certain universal features of humanity—dependency and growth—and incorrectly characterizes them as features of childhood only. Thus there is a strict separation between childhood and adulthood because adults are characterized as fully autonomous agents who have reached the end of (...) their moral and cognitive development. I argue that this view is mistaken, and limits both the developmental abilities of adults and ongoing moral development within an organized state. I propose that we view dependency as a human condition. By doing so, children and adults form the kind of relationship with one another that encourages the growth and development of our moral sense in both childhood and adulthood. (shrink)

This article is concerned with the selection of an appropriate model of choice to underlie Rawls' two principles of justice. Rawls' first principle of justice states that basic liberty is not to be sacrificed for other objectives, including wealth. His second principle of justice suggests that even a minute decrease in the well-being of the least prosperous classes should not be accepted in exchange for an increase, no matter how large, in the well-being of more well-to-do citizens.

Although previous ethical analyses of management buyouts have presented useful insights, they have been flawed in three major ways. First, they define the transaction too narrowly, emphasizing the going private aspect and ignoring the leveraged aspect. Leveraging alters the nature of the transaction substantially and warrants additional ethical analysis. Second, these previous analyses ignore the impact of buyouts on non-stockholder constituents of the firm, an omission which renders their implicit utilitarian approach incomplete. Third, these analyses do not include Rawlsian, libertarian, (...) or Kantian perspectives on ethics. This paper addresses these shortcomings and finds the ethical status of leveraged management buyouts to be highly suspect. (shrink)

In this article, I shall suggest an approach to the justification of normative moral principles which leads, I think, to utilitarianism. The approach is based on asking what moral norms we would each endorse if we had no prior moral commitments. I argue that we would endorse norms that lead to the satisfaction of all our nonmoral values or goals. The same approach leads to a view of utility as consisting of those goals that we would want satisfied. In the (...) second half of the article, I examine the implication of this view for several issues about the nature of utility, such as the use of past and future goals. The argument for utilitarianism is not completed here. The rest of it requires a defense of expected-utility theory, of interpersonal comparison, and of equal consideration. (shrink)

As the rapidly advancing possibilities of biotechnology have outstripped the adaptive capacity of current legal and ethical institutions, a vigorous debate has arisen that considers the boundaries of appropriate use of this technology, particularly when applied to humans. This article examines ethical concerns surrounding the development of markets in a particular form of human genetic engineering in which heterozygotes are fitter than both homozygotes, a condition known as heterozygous advantage. To begin, we present a generalized model of the condition, illuminated (...) by the application to sickle-cell anemia. Next, we propose a typology of related markets, some of which are currently functioning with available products and services, and others that are widely viewed as imminent. We suggest the manner in which perverse incentives may arise for firms that market genetic intervention in circumstances where heterozygous advantage is possible. Finally, we propose that this misalignment of incentives with social welfare has arisen from both ill-conceived market intervention where markets are capable of achieving efficient outcomes and the lack of market intervention where markets have failed. We offer specific legal and regulatory approaches for reform. (shrink)