Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because (...) law implicates the use of force and because law ideally reflects the values of a democratic society, seeking to slant the law to serve a client’s narrow interests cannot provide an adequate ethical end for a lobbyist. On the contrary, a lobbyist has an affirmative moral duty to seek reasonably balanced and just laws. The article examines, refines, and defends this proposition in a number of settings. (shrink)

This chapter provides a general overview and introduction to the law and ethics of virtual sexual assault. It offers a definition of the phenomenon and argues that there are six interesting types. It then asks and answers three questions: (i) should we criminalise virtual sexual assault? (ii) can you be held responsible for virtual sexual assault? and (iii) are there issues with 'consent' to virtual sexual activity that might make it difficult to prosecute or punish virtual sexual assault?

Ethics and responsibility would be a vexing or awesome topic that the contemporary citizen more likely wishes to avoid giving his or her views or opinions. That is perhaps because the society transforms rapidly and turns to become more diverse from the past decades. These concepts, on the other, comes not in the ancient or middle era classics, but from the near modern context in 18th England and French land. In dealing with the nature and relationship between the two (...) concepts, another notion of morality also comes into a comparative context. Morality, if often interchangeably used with the ethics, could be seen in some differences that ethics is a dimension one step removed from action. So we used to preach our dependents or subjects to conform their conduct to the kind of moral demand, "Exert your best to the interest of nations or society," "Practice a love and humiliation with brothers, sisters and neighbors," "Never be drunken while driving," "Do not commit an adultery or do not steal other’s property," and the likes. Law, then, would be a minimal of morality which prescribes a prohibited conduct and corresponding criminal sanctions proportionally with the gravity of culpability or social harms. Those concepts might share a common element in a great extent, but could be made distinguished in some of subtleties. (shrink)

Archytas of Tarentum, a contemporary and associate of Plato, was a famous Pythagorean, mathematician, and statesman of Tarentum. Although his works are lost and most of the fragments attributed to him were composed in later eras, they nevertheless contain valuable information about his thought. In particular, the fragments of On Law and Justice are likely based on a work by the early Peripatetic biographer Aristoxenus of Tarentum. The fragments touch on key themes of early Greek ethics, including: written and (...) unwritten laws; freedom and self-sufficiency; moderation of the emotions and cultivation of virtues; equality and the competence of the majority to participate in government; criticism of “rule by an individual”; a theory of the ideal “mixed constitution”; distributive and corrective justice and punishment, and of the rule of law. The fragments also contain one of the only positive accounts of democracy in ancient Greek philosophy. (shrink)

Techno-ethics is the area in the philosophy of technology which deals with emerging robotic and digital AI technologies. In the last decade, a new techno-ethical challenge has emerged: Autonomous Weapon Systems (AWS), defensive and offensive (the article deals only with the latter). Such AI-operated lethal machines of various forms (aerial, marine, continental) raise substantial ethical concerns. Interestingly, the topic of AWS was almost not treated in Jewish law and its research. This article thus proposes an introductory ethical-halakhic perspective on (...) AWS, in the Israeli context. The article has seven sections. Section 1 defines AWS and the main ethical concerns it evokes, while providing elementary definitions and distinctions. §2 locates AWS within the realm of Jewish laws of war (hilkhot-ẓava), which recognize the right for self-defense, as well as the status of universally accepted moral norms. §3 unfolds pragmatic ethical premises of a humane techno-ethics, which are required for the identifying AWS as a moral question: I. Relationality; II. Technology is not (completely) neutral; III. The fallaciousness of transhumanism. It is argued that these premises are compatible with halakhic tradition. §4 investigates the question of the morality of AWS, within the field of military AI ethics. It is clarified why the standard categories of war-ethics (ad bello, in bellum) do not capture the singular ethical problem of AWS, which pertains to the operation of military means, rather than their human targets. It is argued that reductive perception of the human mind is misleading about the feasibility of ‘ethical robots’, capable of independent moral discretion. To provide a thick examination of human agency from the perspective of Jewish tradition, §5 explores two stories from the biblical book of Samuel (the murder of Nob’s priests and of Uriah). The lessons about the significance of moral agency within the pubic-political military sphere are made explicit, as well as the possible costs resulting from the loss of human agency in the case of AWS. Given that realpolitik considerations are basic in halakhah, §6 considers some possible contemporary socio-political implications of the AWS, that may risk the sustainability of the democratic project. §7 concludes by pointing out humane contributions of Jewish law to contemporary techno-ethics. (shrink)

We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap arises (...) from a mismatch between the human desire for retribution and the absence of appropriate subjects of retributive blame. I argue for the potential existence of this gap in an era of increased robotisation; suggest that it is much harder to plug this gap than it is to plug those thus far explored in the literature; and then highlight three important social implications of this gap. (shrink)

It is widely agreed that Aristotle holds that the best moral education involves habituation in the proper pleasures of virtuous action. But it is rarely acknowledged that Aristotle repeatedly emphasizes the social and political sources of good habits, and strongly suggests that the correct law‐ordained education in proper pleasures is very rare or non‐existent. A careful look at the Nicomachean Ethics along with parallel discussions in the Eudemian Ethics and Politics suggests that Aristotle divided public moral education or (...) law‐ordained habituation into two types. One type is a defective form practiced by the Spartans, producing civic courage and similar defective virtue‐ like states motivated by external incentives. By contrast Aristotle endorses the law‐ordained musical education described in Politics 8. The chapter argues that Aristotle considers the well‐habituated state of proper pleasures in virtue to be best cultivated by this kind of musical education; and that this explains both his emphasis on good laws and on their scarcity. (shrink)

The recent progression in AI, nanomedicine and robotics have increased concerns about ethics, policy and law. The increasing complexity and hybrid nature of AI and nanotechnologies impact the functionality of “law in action” which can lead to legal uncertainty and ultimately to a public distrust. There is an immediate need of collaboration between Central Asian biomedical scientists, AI engineers and academic lawyers for the harmonization of AI, nanomedicines and robotics in Central Asian legal system.

As robots slip into more domains of human life-from the operating room to the bedroom-they take on our morally important tasks and decisions, as well as create new risks from psychological to physical. This book answers the urgent call to study their ethical, legal, and policy impacts.

The paper investigates the role played by ethical deliberation and ethical judgment in Wittgenstein's early thought in the light of twentieth?century German legal philosophy. In particular the theories of the phenomenologists Adolf Reinach, Wilhelm Schapp, and Gerhart Husserl are singled out, as resting on ontologies which are structurally similar to that of the Tractatus: in each case it is actual and possible Sachverhalte which constitute the prime ontological category. The study of the relationship between the states of affairs depicted, e.g., (...) in the sentences of a legal trial and prior fact?complexes to which these may correspond suggests one possible connecting link between the logical and ontological sections of the Tractatus and the ethical reflections appearing at the end. It is argued that the latter can best be understood in terms of the idea of a ?last judgment? (with its associated ethical rewards and punishments) which would relate to the world as a whole as a penal trial relates to individual complexes of facts. (shrink)

During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is (...) the complement of the German conception of “Ordnungspolitik” which also stresses the importance of a regulatory framework. This framework is needed not to tame the market, but to make it more profitable in the long run. -/- The conception of order ethics relies heavily on contractarianism, especially on James Buchanan’s work. Unlike many other conceptions of ethics, it does not start with an aim to achieve, but rather with an account of what the social world – in which ethical norms have to be implemented – is like. Our social world is different from the pre-modern one. Pre-modern societies played zero-sum games in which people could only gain significantly at the expense of others. And the types of ethics that we are still used to today have been developed within these pre-modern societies. -/- Modern societies, by contrast, can be characterised – by economists and other social theorists alike – as societies with continuous growth. This growth has only been made possible by the modern competitive market economy which enables everyone to pursue his own interests within a carefully devised institutional system. In this system, positive sum games are played, which makes it in principle possible to improve the position of every individual at the same time. Most kinds of ethics, however, resulting from the conditions of pre-modern societies, ignore the possibility of win-win-situations and instead require us to be moderate, to share, to sacrifice, as this would have been functional in zero-sum games. These conceptions distinguish – in more or less strict ways – between self-interest and altruistic motivation. Self-interest, more often than not, is ultimately seen as something evil. -/- Such an ethics cannot be functional in modern societies. Ethical concepts lag behind. Within zero-sum games, it was necessary to call for temperance, for moderate profits, or for a condemnation of lending money at interest. Within positive-sum games, however, the morally desired result of a social process cannot be brought about by changes in motivation, by switching from ‘egoistic’ to ‘altruistic’ motivation. The second theoretical element introduced by order ethics is the distinction between actions and rules, which was already mentioned. Traditional ethics concerns actions: It calls directly for changes in behaviour. This is a consequence of pre-modern conditions as reconstructed before: People in the pre-modern world were only able to control their actions, not so much however the conditions of their actions. In particular, rules like laws, constitutions, social structures, the market order, and also ethical norms have remained stable for centuries. In modern societies, this situation has changed entirely. The rules governing our actions have increasingly come under our control. -/- In this situation, ethics has to focus on rules. Morality must be incorporated in incentive-compatible rules. Direct calls for changes in behaviour without changes in the rules lead only to an erosion of compliance with moral norms. Individuals that continue to behave ‘morally’ will be singled out, because the incentives have not been changed. Moral norms which are to be justified cannot require people to abstain from pursuing their own advantage. People abstain from taking ‘immoral’ advantages only if adherence to ethical norms yields greater benefits over the planned sequence of actions than defection in the single case. Thus ‘abstaining’ is not abstaining in the long run, it is rather an investment in expectations of long-term benefits. By adhering to ethical norms, I become a reliable partner for interactions. The norms do indeed constrain my actions, but they simultaneously expand my options in interactions. And people consent to rules only if these rules hold greater advantages for them, at least in the long run. -/- In general, ethics cannot require people to abandon their individual calculation of advantages. However, it may suggest improving one’s calculation, by calculating in the long run rather than in the short run, and by taking into account the interests of our fellows, as we depend on their acceptance for reaching an optimal level of well-being, especially in a globalized world full of interdependence. -/- The problem of implementation can now be placed at the beginning of a conception of order ethics, justified with reference to the conditions of modern societies I have sketched. Under the conditions of pre-modern societies, an ethics of temperance had evolved that posed simultaneously the problems of implementation and justification. The implementation of well-justified norms or standards could then be regarded as unproblematic, because the social structures allowed for a direct face-to-face enforcement of norms. Pre-modern societies not only favored an ethics of temperance, they also had the instrument of face-to-face-sanctions within their smaller and non-anonymous communities. This instrument is no longer functional in modern anonymous societies, and so we have to face up to the problem of implementation right at the start of our ethical conception. Simultaneously, an order ethics relies on the implementation of sanctions for enforcing incentive-compatible rules. In modern societies, rules and institutions, to a large extent, must fulfil the tasks that were, in pre-modern times, fulfilled by moral norms, which in turn were sanctioned by face-to-face sanctions. Norm implementation in modern societies thus works by setting adequate incentives in order to prevent the erosion of moral norms, which would happen if ‘moral’ actors were systematically threatened with exploitation by other, less ‘moral’ actors. -/- This conception of order ethics is then elaborated further in the area of business ethics. -/- . (shrink)

In his 2009 encyclical letter Caritas in Veritate, Pope Benedict XVI calls for a deeper, theological and metaphysical evaluation of the category of “relation” to achieve a proper understanding of the human being’s “transcendent dignity.” For some contemporary thinkers, this position might seem to be hopelessly paradoxical or even incoherent. After all, many contemporary thinkers are apt to believe that the human creature can have “transcendent dignity” only if the being and goodness of the human creature is not conditioned by (...) or dependent upon any relation or relatedness to anything else, including the natural environment. This chapter seeks to show that apparent paradoxes in Benedict XVI’s statement will begin to disappear if one resists the rather understandable temptation to interpret his thought by relying on presuppositions borrowed from contemporary ethical theories. More specifically, this chapter aims to show that Benedict XVI’s teachings— embedded as they are within a rich tradition of Catholic “natural law” thinking—are importantly distinguishable from contemporary utilitarian and deontological views. Furthermore, this chapter seeks to demonstrate that Benedict XVI’s “natural law” account offers an intellectually defensible alternative to contemporary modes of environmental thinking. (shrink)

As Alexander D’Entrees observed over forty years ago, the case for natural law “is not an easy one to put clearly and convincingly.” Furthermore, even if one can make the case for natural law in a clear and convincing manner, one should not expect such an argument to be clear and convincing for all time. Instead, the case for natural law must be an ongoing argument, addressing itself perpetually to the needs of the time as these needs shift and change. (...) In short, the case for natural law “must needs appear in a different light according to the angle in time or in place from which it is looked at.” With this precept in mind, I seek to examine Thomas Aquinas’s natural law teaching on the legislation of virtue in light of concerns that are especially acute from the perspective of contemporary liberalism. (shrink)

This paper summarizes the seminar AI in Medicine in Context: Hopes? Nightmares? that was held at the Centre for Ethics at the University of Toronto on October 17, 2017, with special guest assistant professor and neurosurgeon Dr. Sunit Das. The paper discusses the key points from Dr. Das' talk. Specifically, it discusses about Dr. Das' perspective on the ethical and moral issues that was experienced from applying artificial intelligence (AI) in law and how such issues can also arise when (...) applying AI to medicine, and concludes with a brief discussion on how such issues can be prevented. (shrink)

A philosophical linguistic exploration into the existence of not of AI ethics. Using Adorno's negative dialectics the author considers contemporary approaches to AI and Ethics, especially with regards to policy and law considerations. Looking at if these approaches are in fact speaking to our historical conception of AI and what the actual emergence of the latter could imply for future ethical concerns.

Leadership and ethics are habitually treated as related to separate spheres. It would be better, perhaps, if leadership and ethics were treated as belonging to a single domain. Ethics is an aspect of leadership and not a separate approach that exists alongside other approaches to leadership such as the trait approach, the situational approach, etc. This holds especially true for the military, one of the few organizations that can legitimately use violence. Today, most militaries opt for a (...) character-based approach for the ethics education of their leaders and espouse leadership theories that want leaders to be strong and visionary. Both the role of character and leadership are increasingly questioned, however, on the basis that situational factors are more influential than leadership and character. A closer look suggests that an interactionist perspective, with leadership, character, and the situation interplaying, is more accurate. It is still good leadership that keeps soldiers from crossing the line between the lawful use of force and excessive violence. (shrink)

Confucius and Aristotle both put a primacy on the task of ethical self-cultivation. Unlike Aristotle, who emphasizes the instrumental value of legal punishment for cultivation’s sake, Confucius raises worries about the practice of punishment. Punishment, and the threat of punishment, Confucius suggests, actually threatens to warp human motivation and impede our ethical development. In this paper, I examine Confucius’ worries about legal punishment, and consider how a dialogue on punishment between Confucius and Aristotle might proceed. I explore how far apart (...) these thinkers actually stand, and examine the possibilities for a rapprochement between them. Doing so brings to light the self-cultivation perspective’s range of resources for thinking about punishment’s justification. (shrink)

In this paper I argue that differences between the ‘new moral science’ of the seventeenth century and scholastic natural law theory originated primarily from the skeptical challenge the former had to face. Pufendorf’s project of a scientia practica universalis is the paramount expression of an anti-skeptical moral science, a ‘science’ that is both explanatory and normative, but also anti-dogmatic insofar as it tries to base its laws on those basic phenomena of human life which, supposedly, are immune to skeptical doubt. (...) The main scholastic legacy to the new moral science is the dichotomy between an ‘intellectualist’ and a ‘voluntarist’ view of natural law (or between lex immanens and lex imposita). Voluntarism lies at the basis of both theological views, such as Calvinism, and political views, such as those of Hobbes and Locke. The need to counterbalance the undesirable implications of extreme voluntarism may account for much of the developments in ethics and politics during the seventeenth and eighteenth centuries.Scottish natural jurisprudence, which tried to find a middle way between skepticism and extreme voluntarism, is less secular and more empirical than received wisdom admits. There emerged, as one of its ‘accidental’ outcomes, a systematic, self-contained and empirical economic theory from the search for an empirically based normative theory of social life. The basic assumption of such a theory, namely, the notion of societal laws as embedded in trans-individual mechanisms, derives from the voluntarist view of natural law as ‘imposed’ law.Later discussions of social issues in terms of ‘economic’ and ‘ethical’ reasons originated partly from a misreading ofthe Scottish natural jurisprudential framework of economic theory. Starting with this reconstruction, I try to shed some light on recent discussions about the role of ethics in economics. (shrink)

This work offers an analysis of all the legal and moral issues surrounding humanitarian intervention: the deaths of innocent persons and the Doctrine of Double Effect Governmental legitimacy - The Doctrine of Effective Political Control; UN Charter and evaluation of the Nicaragua ruling; The Morality of not intervening; US-led invasion of Iraq; Humanitarian intervention authorised by the UN Security Council - Iraq, Somalia, Haiti, Rwanda, and Bosnia among others highlight NATO's intervention in Kosovo; The Nicaragua Decision; and The precedents of (...) Panama, Liberia and Sierra Leone. The book's features include: a new framework based on the doctrine of double effect; basic principles of international ethics; outline of the moral argument for humanitarian intervention; explores the morality and legality of military action to end tyranny or anarchy; arguments in a much more detailed and complete fashion than in previous editions; in-depth examination of philosophy of international law; the relationship between custom and moral theory; new discussion of the question of right authority; and a full analysis of recent interventions in Kosovo and Iraq. book addresses a broad interdisciplinary audience of international lawyers, philosophers, and political scientists. In this new edition, the author responds to critics while updating the discussion in the light of the momentous events that took place at the beginning of the new millennium. (shrink)

The purpose of this paper is the analysis of both legal and ethical ways of justifying targeted killings. I compare two legal models: the law enforcement model vs the rules of armed conflicts; and two ethical ones: retribution vs the right of self-defence. I argue that, if the targeted killing is to be either legally or ethically justified, it would be so due to fulfilling of some criteria common for all acceptable forms of killing, and not because terrorist activity is (...) somehow distinguished and gives special privileges to a state that fights it. The practical implication of my analysis is that one of the most spectacular targeted killings, which was the targeting and killing of Osama bin Laden in May 2011, was not justified, because it was only supposed to be a retribution for the September 11th terrorist attacks. (shrink)

In its first section, dedicated to the topic science and relativism, the article argues against those who hold that science is absolutist while ethics is relativist. The point made is that the two disciplines are not all that different. There is an element of objectivity and an element of relativity in both. The article insists that there are two plausible ways in which these elements may be appreciated in both disciplines. The first way involves an analysis of precedents; the (...) second way an analysis of secondary precepts. Then, in its second section, dedicated to science and utilitarianism, the article focuses on the problem of abstraction. The author argues that the crucial issue is the way both scientists and utilitarian philosophers choose the relevant parameters for their theorising. When the choice of parameters is not correct, deformation results. Like economics, utilitarianism tends to present itself as an exact science that guarantees a complete explanation. However, the article shows how and why this attitude can be deeply problematic. (shrink)

Recent years have illustrated how the reproductive realm is continuously drawing the attention of medical and legal experts worldwide. The availability of technological services to facilitate reproduction has led to serious concerns over the right to reproduce, which no longer is determined as a private/personal matter. The growing technological options do implicate fundamental questions about human dignity and social welfare. There has been an increased demand for determining (a) the rights of prisoners, unmarried and homosexuals to such services, (b) concerns (...) over child’s information and health needs, (c) claims for wrongful birth and wrongful life, (d) the role of donors and physicians, (e) posthumous reproduction etc. In addition, the role of national and international law has been emphasized for an efficient system of functioning and delivery. This paper is an attempt to explore the pressing claims to reproductive choices, coupled with a marked increase in demand for legislative intervention in India. (shrink)

Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular I (...) examine arguments from political philosophy for more equitable distribution of resources and appeals to property rights as a means of achieving this; business ethicists’ critiques of contemporary resource appropriations; and legal historians’ accounts of despoliation of aboriginal peoples, especially in what is now the United States, involving acquisition via conquest, asserted jurisdiction, and religious and racial preeminence. I also consider relevant human rights’ standards; supportive views of some theorists, especially early modern realists and current supporters of group rights and multidimensional rectification; some de facto incidences of substantive restitution; and proposals for effecting further rectification. (shrink)

This brief entry discusses the distinction between ethics, law, and morality.

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

The history of civil disobedience until the 1960s is, historians and political theorists have shown, the history of a fundamentally anticolonial, anticapitalistic, and antimilitaristic political practice. This history was progressively erased from our political imagination as the phrase was reconceptualized by American liberal lawyers and scholars in the late-1960s and early-1970s. These liberals argued that civil disobedience was not a revolutionary but an essentially reformist form of action, at a time when social movements were accused of endangering American democracy amidst (...) rising crime rates in the United States. Civil disobedience, the argument ran, would encourage a criminal attitude toward a legitimately elected government. In the midst of conservative calls for law and order and the election of Richard Nixon to the presidency, affirming that civil disobedience was not a radical form of political action became a key rhetorical strategy for American liberals during the so-called War on Crime. In this essay, I retrace debates about civil disobedience and criminality in this context. I consider in closing how liberal conceptualizations of peaceful protest have served to delegitimize and criminalize activism until today. (shrink)

We give some arguments for why the Mathematical Universe Hypothesis (MUH) might be too restrictive in its assertions of what can exist, and that the universe/multiverse might be formed by more than what can be expressed mathematically. In particular, we show a thought experiment which indicates that the principle of materialism in general is an inadequate hypothesis of how consciousness appears. Instead we propose a novel approach to solving the problem of consciousness, which is to hypothesize that each universe might (...) have different laws of consciousness, just as they might have different laws of physics. We also show that MUH, without such consciousness laws, and without any other modification, leads to complete chaos for the observers in the multiverse, and therefore cannot hold as it is. We then go on to propose another theory of existence, which does not seem to lead to complete chaos. This theory hypothesizes that the multiverse is the consequence of what we might call the Logic of Everything (LoE) continuously deducing new truths about itself. Lastly, we briefly discuss what fundamental ethics can be derived from this theory, and others like it. (shrink)

This paper explores two ideas in Aristotle: the idea that a just person is necessarily a lawful and law-abiding citizen, and second, the idea that the virtuous person necessarily cares about the common good. In this paper, I show that justice and its concern for the common good is central to Aristotle’s conception of the virtuous agent, and that justice, in turn, cannot be understood apart from the various laws that states devise for the common benefit.

Current challenges in medical practice, research, and administration demand physicians who are familiar with bioethics, health law, and health economics. Curriculum directors at American Association of Medical Colleges-affiliated medical schools were sent confidential surveys requesting the number of required hours of the above subjects and the years in which they were taught, as well as instructor names. The number of relevant publications since 1990 for each named instructor was assessed by a PubMed search.In sum, teaching in all three subjects combined (...) comprises less than two percent of the total hours in the American medical curriculum, and most instructors have not recently published articles in the fields they teach. This suggests that medical schools should reevaluate their curricula and instructors in bioethics, health law, and health economics. (shrink)

Review of Joan Callahan, Reproduction, Ethics and the Law: Feminist Perspectives.

This paper defends an account of the laws of nature in terms of irreducibly modal properties (aka powers) from the threat posed by functional laws, conservation laws and symmetries. It thus shows how powers theorists can avoid ad hoc explanations and resist an inflated ontology of powers and governing laws. The key is to understand laws not as flowing from the essences of powers, as per Bird (2007), but as features of a description of how powers are possibly distributed, as (...) per Demarest (2017), Kimpton-Nye (2017, 2021) and Williams (2019); call this the Powers-BSA. This underappreciated powers-based account of laws is continuous with actual scientific practice and thereby quite naturally accommodates functional laws, conservation laws and symmetries. This paper thus positions the Powers-BSA as the leading anti-Humean account of the relationship between laws and properties. (shrink)

Eristic has been studied more and more intensively in recent years in philosophy, law, communication theory, logic, proof theory, and A.I. Nevertheless, the modern origins of eristic, which almost all current researchers see in the philosopher Arthur Schopenhauer, are considered to be a theory of the illegitimate use of logical and rhetorical devices. Thus, eristic seems to violate the norms of discourse ethics. In this paper, I argue that this interpretation of eristic is based on prejudices that contradict the (...) original intention of modern eristic. Eristic is not an art of being right or winning an argument, but an art of protecting oneself from the one who deliberately violates norms of discourse ethics to gain argumentative acceptance. For this reason, eristic must be seen as a discipline of Enlightenment philosophy and a correlate of discourse ethics. Especially in the age of alternative facts and post-factual politics, this makes eristic a valuable discipline. (shrink)

In this chapter, I will make the case that we can accurately describe Ghazali’s position as a natural law theory. Kevin Reinhart (1995), on whose translation of al-Mustaṣfā I will be depending in what follows, has also treated this topic. Though he did not specifically compare Ghazali’s position there with natural law theory, like Hourani (1985) he interprets Ghazali’s position as subjectivist on key points rendering it incompatible with natural law theory. Thus, I will begin with a prima facie case (...) for this incompatibility roughly along the lines one finds in Reinhart, and argue that a closer examination of the relevant text of al-Mustaṣfā along with the parallel section of al-Iqtiṣād, also cited by Hourani, shows that Ghazali’s position is not conclusively subjectivist, but instead is compatible with a natural law theory. I will examine key sections of Ghazali’s Kimiya al-Sa’dāt that quite clearly express a natural law theory of morality. (shrink)

While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...) possible, including the elements of law and morality that are operated by combatants in war. I suggest that, ethically speaking, deploying a legally competent robot in some legally regulated realm is not much different from deploying a more or less well-armed, vulnerable, obedient, or morally discerning soldier or general into battle, a police officer onto patrol, or a lawyer or judge into a trial. All feature automaticity in the sense of deputation to an agent we do not then directly control. Such relations are well understood and well-regulated in morality and law; so there is not much challenging philosophically in having robots be some of these agents — excepting the implications of the limits of robot technology at a given time for responsible deputation. I then consider this proposal in light of the differences between two conceptions of law. These are distinguished by whether each conception sees law as unambiguous rules inherently uncontroversial in each application; and I consider the prospects for robotizing law on each. Likewise for the prospects of robotizing moral theorizing and moral decision-making. Finally I identify certain elements of law and morality, noted by the philosopher Immanuel Kant, which robots can participate in only upon being able to set ends and emotionally invest in their attainment. One conclusion is that while affectless autonomous devices might be fit to rule us, they would not be fit to vote with us. For voting is a process for summing felt preferences, and affectless devices would have none to weigh into the sum. Since they don't care which outcomes obtain, they don't get to vote on which ones to bring about. (shrink)

Summary This paper examines contemporary virtue ethics and the claim that Christian ethics is a virtue ethic. Three central theses are identified as being central to virtue ethics: a priority thesis, a perfectionist thesis and a communitarian thesis. It is argued that defences of the priority thesis—it best addresses the moral crisis in our society, it does justice to historical consciousness and it remedies the incompleteness in deontic ethics—are unconvincing. It is argued that virtue and moral (...) perfection are best understood in terms of psychologically appropriate dispositions to act in accordance with moral principles. It is further argued that the communitarian thesis raises relativist difficulties and fails to do justice to the universal elements of morality. Each of these arguments is developed philosophically and the implications for Christian ethics are explored. In light of the theory of virtue sketched in the paper it is concluded that the independence thesis, upon which virtue ethics rests, is untenable and that an examination of the structure of the universal moral principles underlying the Christian faith remains the proper subject matter for Christian ethics. (shrink)

In the chapter Spirit of the book "Phenomenology of spirit" in a section called "True spirit, ethical Life", Hegel looks into the happy state of "ethical life" in Greece. The concept of ethical life is a very crucial concept because it formulates Hegel's fundamental political and social ideal, which is to establish synthesis between the community and the individual. In this research, we study the ethical life of people who are unreasonably immersed in the customs and laws of a certain (...) society. In the following, we see that this world is divided and the unity of laws in it is shaken. For this reason, Hegel discusses the literary genres of epic and tragedy in order to show that in them, a person progressively becomes himself and becomes aware of his individual character. Hegel destroys his primitive ethical substance dialectically through essential conflicts, with forced actions and untangling choices of people with will and as a result people are deprived of their social identities. In this dialectical process, the "living unity" of the polis is fragmented and becomes a mass of separate atoms. (shrink)

In this paper, I present and criticize several historical arguments in favour of prohibition and criminalization of illicit psychoactive substances. I consider several versions of Charles Brent’s argument from drug harms and an argument from addiction based on Kantian view on autonomy. My criticism will mainly rely on empirical evidence on drugs, drug use, and addiction. I think that in light of this evidence, all of the arguments lose their cogency or can be refuted altogether. Moreover, the evidence reveals an (...) inconsistency in the international drug law framework. In conclusion, I therefore provide a general argument challenging the legitimacy of the existing distinction between licit and illicit drugs based on the inconsistency. (shrink)

Most abortions occur early in pregnancy. I argue that these abortions, and so most abortions, are not morally wrong and that the best arguments given to think that these abortions are wrong are weak. I also argue that these abortions, and probably all abortions, should be legal. -/- I begin by observing that people sometimes respond to the issue by describing the circumstances of abortion, not offering reasons for their views about those circumstances; I then dismiss “question-begging” arguments about abortion (...) that merely assume the conclusions they are given to support; most importantly, I evaluate many arguments: both common, often-heard arguments and arguments developed by philosophers. -/- My defense of abortion is based on facts about early fetuses’ not yet possessing consciousness or any mental life, awareness or feeling, as well as concerns about rights to one’s own body. (shrink)

The idea of permit trading in the United States can be traced as far back as the 1970s, but emissions trading has really only became a popular and exportable idea with the more recent demands that environmental protection acknowledge economic pressures through such ideas as sustainable development. Now the idea of emissions trading has caught on in South America, China and Europe as well. Yet in the eagerness of governments and industry to work out the technical details and legal mechanics (...) of the emissions trading tool, insufficient attention has been paid to its underlying legal and ethical assumptions. In this article, it is emphasized that emissions trading is a part of compliance with environmental law, not a market alternative to compliance. The difference between the two greatly effects and is affected by theories of rights. As part of the scheme of rights and accompanying duties, the author questions whether an implicit right to pollute has been created through emissions trading, as exemplified by the comparison of the systems in the U.S., China and Europe. (shrink)

This paper analyzes ethical issues relating to lawyer mobility.

The papers of this special issue are the outcome of a two-­‐day conference entitled “The Second-­‐Person Standpoint in Law and Morality,” that took place at the University of Vienna in March 2013 and was organized by the ERC Advanced Research Grant “Distortions of Normativity.” -/- The aim of the conference was to explore and discuss Stephen Darwall’s innovative and influential second-­‐personal account of foundational moral concepts such as „obligation“, „responsibility“, and „rights“, as developed in his book The Second-­‐Person Standpoint: Morality, (...) Respect, and Accountability (Harvard University Press 2006) and further elaborated in Morality, Authority and Law: Essays in Second-­‐Personal Ethics I and Honor, History, and Relationships: Essays in Second-­‐Personal Ethics II (both Oxford University Press 2013). -/- With the second-­‐person standpoint Darwall refers to the unique conceptual normative space that practical deliberators and agents occupy when they address claims and demands to one another (and to themselves). The very first sentence of Darwall’s examination of the second-­‐personal conceptual paradigm summarizes the gist of the argument succinctly when he claims that “the second-­‐person standpoint [is] the perspective that you and I take up when we make and acknowledge claims on one another’s conduct and will.” (Darwall 2006, 3) The Second-­‐Person Standpoint reminds us that this perspective has been ignored for much too long and that it better take centre stage in any philosophical analysis of moral phenomena, in order to yield a satisfying account of morality as a social institution. The negative part of Darwall’s strategy is to show that neither a purely first-­‐personal approach (represented by Kant and contemporary Kantians), nor a third-­‐personal state-­‐of-­‐affairs-­‐perspective (represented by most varieties of contemporary consequentialism) are capable of accounting for the categorical bindingness characteristic of moral obligation. The latter feat can only be accomplished, and this is the positive part of Darwall’s argument, when those second-­‐ personal normative “felicity conditions” and conceptual presuppositions are acknowledged and spelled out that are already presupposed in every instance of issuing (putatively valid) claims and demands. It is especially second-­‐personal competence and second-­‐personal authority that are the bedrock of these normative conceptual presuppositions, without which engaging in any meaningful address would be impossible. Kantians and utilitarians alike have neglected this critical dimension of the normative landscape. -/- In addition to working out an original conception of moral obligation, the first eight chapters of The Second-­‐Person Standpoint articulate this fundamental insight with respect to a variety of traditional projects in ethical theory such as developing accounts of moral responsibility, rights, dignity, and autonomy. In this context, special emphasis is to be awarded, on the one hand, to Darwall’s refreshing second-­‐personal interpretation of Strawson’s influential account of reactive attitudes and moral responsibility and, on the other, to his historically well-­‐informed reconstruction of Samuel Pufendorf’s often neglected version of an enlightened theistic voluntarism concerning moral authority. Darwall dedicates the second part of The Second-­‐Person Standpoint to the urgent question: how should one respond to the sceptical challenge that expresses utter indifference to the second-­‐person standpoint, including all its multifarious normative presuppositions and implications? What commits us to all this? It is at this point that Darwall, firstly, refines his criticisms of the Kantian, first-­‐personal, paradigm of normativity and emphasizes that only if one already incorporates the second-­‐personal conceptual apparatus into a Kantian analysis of moral obligation is the latter going to yield a convincing account. Secondly, and this certainly is one of the highlights of Darwall’s theory, the Second-­‐Person Standpoint employs themes from Fichte’s philosophy of right in order to strengthen the case for the inescapability of taking up the second-­‐person standpoint of moral obligation. In his contribution for this special issue Darwall further develops his diagnosis that Fichte’s thought offers in many respects a more promising, since more second-­‐personal, foundation of morality than, for example, Kant’s. -/- By now, the impact of Darwall’s second-­‐person standpoint theory has far transcended the confines of contemporary debates on moral obligation. Darwall has put to use the second-­‐personal apparatus to critical engagements with Joseph Raz’s theory of legal authority and Derek Parfit’s convergence arguments for his recent Triple Theory of moral wrongness. The constant theme that unifies all these diverse applications remains the one so impressively presented in The Second-­‐Person Standpoint: without paying attention to the “interdefinable” and “irreducible” circle of (four) foundational second-­‐ personal concepts (valid demand, practical authority, second-­‐personal reason, and accountability), neither superior epistemic status (Raz) nor the identification of optimific states of affairs (Parfit) are potent enough sources to generate anything close to the authority relationships that underlie the idea involved in obligating ourselves and one another. Given all of the above, it comes as no surprise that Darwall reserves his strongest sympathies for a specific ethical theory, namely contractualism. Our commitment to equal basic second-­‐personal authority, that Darwall arrives at through his Fichtean rectification of the Kantian project, leads him to the endorsement of a contractualist paradigm in the spirit of broadly Rawls and Scanlon. -/- . (shrink)

This study constitutes an ethical analysis through the lens of distributive justice in the case of the Troubled Asset Relief Program (TARP), which was enacted in the midst of the Great Recession of 2007–2009. It begins by engaging with the visions of justice constructed by John Rawls and Robert Nozick, using their insights to locate the injustices of TARP according to their moral imaginations. However, this study argues that Rawls’ and Nozick’s theories of justice primarily envision the nature of law (...) as being restrictive of vice, not as instructors of virtue. Thus, it resources the legal philosophy of St. Thomas Aquinas to demonstrate how the positive pedagogy of law can enable a more just construction of economic rescue legislation, one that not only prevents future repetitions of economic vices and injustice, but is also formative for a society that prizes economic justice and virtues. In doing so, the study proposes two criteria for a more just consideration of economic rescue legislation that embraces law’s positive pedagogy. (shrink)

In this article we examine the role of Entscheider (decision-makers) in the German asylum procedure, both legally and ethical. As the responsibility for deciding on asylum applications lies exclusively with them, their significance for the German asylum procedure can hardly be underestimated. However, over the last few decades the situation of Entscheider changed significantly: While the number and complexity of the cases they have to decide on has increased due to the growing immigration, the requirements for their education have been (...) lowered, owed to critical amendments to the relevant law. We analyze how the law currently defines the role of Entscheider, whether the legal framework is constitutional, and what modifications morality requires. Although the law defining their role seems to be constitutional, Entscheider’s education must be improved and they must be entrusted with the hearing of the applicants to meet what morality requires, we conclude. DOI: 10.17879/95189429199. (shrink)

A synthetic glance about the basic outlines of Hare's Meta-ethics is offered in this paper to support the idea that Hume's law is still a productive resource for ethical studies. Hare accepted the emotivist premise that moral judgments do not, in the same way as ordinary statements do, state matters of fact that are either true or false, but denied that therefore they must be forms of exclamation. The essential character of moral discourse consisted, not, as the emotivists had (...) held, in its links with subjective attitudes, but with action; moral judgments were prescriptive, in that they expressed commitments to action on the part of the person uttering them, and at the same time their rationality was assured by their universalisability, i.e. their property of applying not merely to the person uttering them, but to all similar persons in similar circumstances. (shrink)

Gender-Based violence (GBV) is a disturbing phenomenon prevalent in all regions of the world. GBV is seen as any harmful act that is carried out against a person’s consent and that it is as a result of socially ascribed (gender) dissimilarities between males and females. The study exposes that the fight against GBV have been unsuccessful because of several factors which includes the acceptance of such actions by some traditions and cultures therefore bringing to the fore conventional ethical relativism, in (...) other words, cultural relativism. The study concluded that the rate of GBV in Nigeria is soaring high and the neglect to tackle it has made it turnout to be a shadow pandemic ravaging Nigeria. Consequently, the study amongst others recommends that the Nigerian National Assembly should enact new laws against GBV because its eradication can only be possible using the law as an instrument of social change. (shrink)

Given the wide the range of legally available options for end-of-life care in recent decades: from aggressive, even experimental, treatment to active euthanasia, our ethical analysis struggles to keep pace with technology and law. In this essay I show that the principle of double effect (PDE) remains, and will continue to be, a useful tool for ethical analysis of end-of-life care. According to PDE, an agent may ethically perform an act that s/he foresees will have a significant bad effect (e.g., (...) death) in addition to a good effect (e.g., pain relief) only if s/he does not intend the bad effect, the act is not bad for reasons other than its causing the bad effect, and there is a proportionately serious reason to act. Following a brief explanation of PDE and preliminary considerations in favor of counting death as a bad effect, I analyze several end-of-life options in terms of the principle. I begin with those that enjoy significant consensus among proponents of PDE: active euthanasia, “passive euthanasia,” and palliative care. Then I consider the less-straightforward cases of drug provision, refusing food and water, and terminal sedation, arguing that participation in such actions is justifiable via PDE only under very limited conditions. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Proceeding on the basis of reports of a proposal in 2011 to criminalize public flatulence in Malawi, the normative significance of flatulence is considered from the respective standpoints of aesthetics, etiquette, and ethics, and it is indicated how aesthetics and etiquette may themselves also have ethical significance. It is concluded that etiquette and ethics may both require that certain violations of etiquette and ethics should sometimes be ignored.

Language suggestive of natural law ethics, similar to the Catholic understanding of ethical foundations, is prevalent in a number of disciplines. But it does not always issue in a full-blooded commitment to objective ethics, being undermined by relativist ethical currents. In law and politics, there is a robust conception of "human rights", but it has become somewhat detached from both the worth of persons in themselves and from duties. In education, talk of "values" imports ethical considerations but hints (...) at a subjectivist view of them. In the psychology and sociology of drug use, ethically thin concepts of "harm minimisation" and "selfimage" dominate discussion and distract attention from the virtue of temperance and the training of character. A more forceful assertion of an ethics based on the worth of persons in these cases would be most desirable. Arguments against objectivity in the fundamentals may be replied to by examining the parallel between ethics and the discipline whose objectivity has been least challenged by relativist arguments, mathematics. (shrink)