Many accounts of the moral duty to obey the law either restrict the duty to ideal democracies or leave the duty’s application to non-ideal societies unclear. This article presents and defends a partial account of the moral duty to obey the law in non-ideal societies, focusing on the duty to obey judicial orders. We need public judicial authority to prevent objectionable power relationships that can result from disputes about private agreements. The moral need to prevent power imbalances in (...) private relationships grounds a qualified moral duty to obey judicial decisions. The parties to a dispute are morally required to comply with a judicial order in their dispute if all of the following conditions obtain: the parties’ dispute was in good faith, the court’s resolution of the dispute is more impartial than either party’s own judgment, the order does not call for violation of important natural duties or important artificial duties that the duty-bearer incurred involuntarily, and the primary aim of disobeying the court order would be to advance an ordinary, non-political project, not to call public attention to an injustice. The moral duty to obey judicial decisions can survive significant departures from ideal fairness. (shrink)

What factors affect judicial decision-making? The legal system is of utmost importance because of its impact on our lives. Judges appear to have the most power among any social workers seeing as the precedents set in their decisions are tantamount to written law. Nevertheless, judges may be subject to certain biases, moral and cognitive alike, which influence their rulings. Looking into how morality and cognitive biases affect judges may also reveal how we as individuals handle combining morals with (...) class='Hi'>ethics- as well as whether any discrepancies among ourselves are justifiable. An investigation into relevant moral and jurisprudential theories revealed much about the inner workings of a judge’s mindset- whether he or she recognizes it or not. Coupling this with corroborated research on a select few heuristics present specifically for judges sets the foundation for an array of possible solutions in order to ensure the most impartial judicial proceedings. Plausible remedies include conducting premortems, implicit association tests, and a revised ruling procedure. (shrink)

Principles of fairness and solidarity in AI ethics regularly overlap, creating obscurity in practice: acting in accordance with one can appear indistinguishable from deciding according to the rules of the other. However, there exist irregular cases where the two concepts split, and so reveal their disparate meanings and uses. This paper explores two cases in AI medical ethics – one that is irregular and the other more conventional – to fully distinguish fairness and solidarity. Then the distinction is (...) applied to the frequently cited COMPAS versus ProPublica dispute in judicial ethics. The application provides a broader model for settling contemporary and topical debates about fairness and solidarity. It also implies a deeper and disorienting truth about AI ethics principles and their justification. (shrink)

This paper aims to show the necessity of development ethics. For this purpose, I discuss two of many moral issues of development policy – poverty and corruption. I argue that reducing poverty and curbing corruption are the two moral issues that should be considered seriously, because poverty and corruption prevent people from getting any access to development. But in order to reduce poverty and to curb corruption value-neutral measures of economics are not enough. They are also involved with ethical (...) assumptions. I show that if any development policy maker wants to reduce poverty and corruption to some extent, he has to resort not only to value-neutral strategies of development, but also to the ethics of development. And this opens the door for development ethics that can contribute to the creation of a sane and judicious development policy. (shrink)

The creation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in 1973 has significantly altered the dynamics of trade in fauna and flora. Despite this effort, curbing of criminal trade in endangered species of wild fauna and flora has remained a key challenge for some countries. The objective of this study was to identify and establish the trafficking routes of illegal wildlife and forest products, analyzing the patterns and trends of wildlife and forest (...) crime including their drivers, actors and modus operandi, and assessing the criminal justice response including the legislative, enforcement, prosecutorial and judicial systems. The analysis was based on the methodologies and principles embedded in African environmental ethics. It was concluded that African ethics allows for ‘sustainable poaching’ under the framework of Eco-Afrocentricism; but condemns poaching done for trafficking purposes. Five canons of sustainability were developed to guide ‘sustainable poaching’. African capitalism thesis was used to support the analysis from political and economic perspectives. (shrink)

Recent developments in the field of forensic medicine and the judicial practice are both factors influencing considerably toward an increasing role of toxicologists in court hearings and litigation processes. The role of forensic toxicologist has been until a few decennia before a prerogative of the medico-legal specialists, but meanwhile a subspecialty of the general toxicology seems to have been created. Vis-à-vis the increasing presence of toxicologists in penal procedures of poisoning and intoxications, Albanian courts have created their own precedents (...) and bylaws, regulating the presence, the opinion taking, and the relative importance such an expert opinion will have on the final sentence. Due to a multiplicity of factors, legal terminology with regard to drugs of abuse needs to be revised and parallel to such a revision a better defining of the role of expert toxicologist as a collector and interpreter of the scientific proofs seems necessary. Overlapping competencies with judicial bodies and confusing legislative measures will do nothing else but complicate issues that should be and can be easily resolved, through simple and appropriate interventions at different levels. (shrink)

In this article, I introduce and examine the novel concept of bench representation. Jurists and scholars have extensively examined whether judges are or ought to be considered symbolic representatives of abstract concepts (for instance, the law, equality, or justice), representatives of society as a whole, or descriptive representatives of the social groups from which they hail. However, little attention has been paid to the question whether judges act as representatives for the parties before them through their everyday work on the (...) bench. This article examines that question. Bench representation occurs when a judge, through statements or actions undertaken during the performance of official duties, speaks or acts for a party to the proceeding before them. I argue that serving as a bench representative is a common and valuable feature of what it is to be a judge and, despite appearances, usually undermines neither impartiality nor fairness. (shrink)

Introduction In 2013, Dr. J. Muizelaar and Dr. R. Schrot, two neurosurgeons at the University of California Davis Medical Center (UCDMC), were found guilty of research misconduct due to failure to comply with institutional policies as well as Food and Drug Administration (FDA) regulations governing human subjects research. At issue here, however, is the difference between research and innovative therapy in the clinical setting of patient care where clinical judgment is reasonably to be privileged. Methods The UCDMC investigative document is (...) reviewed along with standard literature on clinical ethics and clinical data about glioblastoma multiforme (GBM) cancer. Results In this paper I argue that, by tendentiously focusing on policies, regulations, and procedures governing human subjects research, the UCDMC investigation failed to account for the centrality of clinical judgment and clinical ethics pertinent to judicious review of this matter, especially given the unique clinical context of terminally ill patients having exhausted standard care treatment options for glioblastoma multiforme (GBM) cancer. Conclusions The UCDMC investigation raises serious problems for clinicians who are engaged in innovative therapy in the clinical setting, requiring a regulatory framework separate from the normal Institutional Review Board (IRB) process. (shrink)

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)

This paper presents a new version of the democratic argument for the freedom of expression that has the resources to give a plausible reply to the perennial objection—ordinarily considered fatal—that such accounts fail to deliver protections for abstract art, instrumental music, and lots of other deserving nonpolitical speech. The argument begins with the observation that there are different things that a free speech theory might aim to accomplish. It will hope to justify a right to free speech, of course, with (...) a particular scope and shape, but that right might be a moral right, an ordinary legal right, or a specifically constitutional right. The new version of the argument—the refined argument from democracy—aims to justify a specifically constitutional right to political speech, administered by strong-form judicial review. The democracy theorist can accommodate the intuition that abstract art deserves protection by agreeing that we have a moral right, and probably ought to have an ordinary legal right, to produce and view abstract art. She must only insist that abstract art should not be protected by a specifically constitutional right administered by strong-form judicial review. Not because abstract art does not deserve constitutional protection, but because, on this view, whether a particular right ought to be enshrined in the constitution and administered by judicial review is not solely a matter of the importance of the right or the value of the interests it protects. (shrink)

The article examines the issue of a necessary connection between the phenomena of law and morality. According to legal positiv- ism, morality is not a criterion of the legitimacy for legal norms. The law can have any content including absolutely immoral (the so-called “separability thesis”). Law issues are not connected with discussing the moral merits of a possible judicial decision. They are only closely related to studying various purely legal phenomena like precedents, judicial discretion, legislatures, etc. The ascriptive (...) legal statements theory proposed by the Oxford School of Law (Herbert Hart, Joseph Raz, and others) serves as the core of contemporary legal positivism. This theory is based on the notion of defeasibility for legal responsibility without any moral reasoning. There, phenomena of law are interpreted as purely linguistic, not social constructions. Analysis of pure law language should provide all the needful tools to extract hidden meaning from any legal norm. This analysis does not require going beyond the legal language since it does not describe any real situations in the world, but merely expresses legal requirements, allowing to legally qualify some observed events. It completely eliminates any references to moral principles from the analysis of legal language. However the critical reconstruction theory of ascriptive legal statements shows limitations of the legal positivism’s analytical approach to the phenomena of law. The example of a fictitious legal collision offered demonstrates limitations of the legal positivism approach to the understand- ing of law phenomena. This collision is a complex conceptual mix of Frankfurt-style examples and imaginary situations in the Trolley Problem widely known in analytical ethics. It clearly demonstrates the possible paradox of a law judgment in situations where conditions for the recognition and cancellation of legal liability are the property of two different (not necessarily openly contradictory) legal norms. It can serve as a strong argument in favor of contemporary theories of natural law (Lon Fuller, John Finnis, Ronald Dworkin, and others), which questioned the possibility of creating a theory of pure law. They considered it senseless and impossible to draw any strict border between moral and legal norms. Immoral law cannot have the particular property of creating a moral obliga- tion to follow such like a law. Law cannot be built on legality only, and the answers to all significant legal questions should be found in moral theories. (shrink)

Recommender systems are artificial intelligence technologies, deployed by online platforms, that model our individual preferences and direct our attention to content we’re likely to engage with. As the digital world has become increasingly saturated with information, we’ve become ever more reliant on these tools to efficiently allocate our attention. And our reliance on algorithmic recommendation may, in turn, reshape us as moral agents. While recommender systems could in principle enhance our moral agency by enabling us to cut through the information (...) saturation of the internet and focus on things that matter, as they’re currently designed and implemented they’re apt to interfere with our ability to attend appropriately to morally relevant factors. In order to analyze the distinctive moral problems algorithmic recommendation poses, we develop a framework for the ethics of attention and an account of judicious attention allocation as a moral skill. We then discuss empirical evidence suggesting that attentional moral skill can be thwarted and undermined in various ways by algorithmic recommendation and related affordances of online platforms, as well as economic and technical considerations that support this concern. Finally, we consider how emerging technologies might overcome the problems we identify. (shrink)

In the Symposium, Plato has Socrates claim that the priestess Diotima once claimed that Eros is a lover of wisdom or someone who is “in between wisdom and ignorance. In fact, you see, none of the gods loves wisdom or wants to become wise—for they are wise—and no one else who is wise loves wisdom.” Perhaps the best starting point for understanding the philosophy of Aristotle is that in principle, he rejects Diotima’s etymological wordplay that claims that philosophy implies an (...) absence of wisdom. At the heart of Aristotle’s philosophy is the claim not only that all humans desire to know, but also that human animals (and indeed some non-human animals) are capable of understanding the world and its contents in a broad array of epistemic capacities, including veridical perception, artisanal expertise, theoretical science, practical wisdom, and, indeed, even σοφία itself of the highest objects of cognition, namely the nature of the gods (Metaph. 1.1.980a22–981b7). My chapter explores the philosophy of Aristotle in five different parts. Part I examines the “organon” or linguistic and logical tool-kit that analyzes human reasoning from the most basic components of a proposition up through syllogistic presentation of the causes that explain what research has uncovered. Parts II and III of the chapter explore the main contours of Aristotle’s “theoretical sciences”—what today we call natural science, metaphysics, and theology. Part IV of the chapter examines what the Nicomachean Ethics calls “the philosophy of human things,” namely the study of ethics and politics. Finally, Part V looks at how Aristotle and his school systemized two different fields of human study, namely that of artistic mimesis or the art of poetry, and deliberative, judicial, and epidictic oratory or the art of rhetoric. (shrink)

New AI technologies have the potential to cause unintended harms in diverse domains including warfare, judicial sentencing, biomedicine and governance. One strategy for realising the benefits of AI whilst avoiding its potential dangers is to ensure that new AIs are properly ‘aligned’ with some form of ‘alignment target.’ One danger of this strategy is that – dependent on the alignment target chosen – our AIs might optimise for objectives that reflect the values only of a certain subset of society, (...) and that do not take into account alternative views about what constitutes desirable and safe behaviour for AI agents. In response to this problem, several AI ethicists have suggested alignment targets that are designed to be sensitive to widespread normative disagreement amongst the relevant stakeholders. Authors inspired by voting theory have suggested that AIs should be aligned with the verdicts of actual or simulated ‘moral parliaments’ whose members represent the normative views of the relevant stakeholders. Other authors inspired by decision theory and the philosophical literature on moral uncertainty have suggested that AIs should maximise socially expected choiceworthiness. In this paper, I argue that both of these proposals face several important problems. In particular, they fail to select attractive ‘compromise options’ in cases where such options are available. I go on to propose and defend an alternative, bargaining-theoretic alignment target, which avoids the problems associated with the voting- and decision-theoretic approaches. (shrink)

Suppose that it can be right to grant amnesty from criminal and civil liability to those guilty of political crimes in exchange for full disclosure about them. There remains this important question to ask about the proper form that amnesty should take: Which additional burdens, if any, should the state lift from wrongdoers in the wake of according them freedom from judicial liability? I answer this question in the context of a recent South African Constitutional Court case that considered (...) whether an officer having been granted amnesty for apartheid-era killings should be held to mean that the police force may not discharge him on the ground of having been convicted of a serious offence. The Court ruled that, despite amnesty having been granted to the guilty officer, the police force was permitted to discharge him. I distinguish the major ethical reasons the Court gives for its conclusion, which ultimately appeal to the value of national reconciliation, and I argue not only that the reconciliation-based rationales rest on empirical contingencies for which there is little evidence, but also that their logic in fact provides some reason to reject the Court’s conclusion. Then, I sketch an attractive new theory of right action, grounded on salient sub-Saharan values often associated with talk of ‘ubuntu’, that I maintain provides a stronger, unitary foundation for the Court’s key pronouncements. I conclude by discussing some of the broader implications of the moral theory for related matters, such as the rights of victims in the processes leading up to presidential pardons of those who have committed atrocities and the duties of newspapers with regard to the reputations of the latter. (shrink)

John Rawls shows a deep influence of David Hume’s thought, mainly at his Theory of Justice, though also at the rest of his works. This influence is well-known in the field of political philosophy, much less in the field of moral philosophy. Rawls reads Hume’s thought with a sceptic and naturalistic key, attributing him what he calls a “nature fideism”. Besides this, attributes to Hume an ethical and political position linked with the classical utilitarianism. Nevertheless, his skeptical epistemology will move (...) away, paradoxically, to Hume from the utilitarian positions. Hume’s ethics and politics will finish, according to Rawls, showing a purely descriptive character and a lack of normative purposes. Hume does not have in the strict sense a theory of practical reason. This article examines and puts in question this interpretation of Hume proposed by John Rawls. The philosophy of Hume is not aporetically skeptical, articulates the moral roles of reason and the passions; and finally, is not only connected with utilitarianism; his defense of the role of utility frees to his theory of some of the main contradictions of classical utilitarianism. Besides this, the theory of the “judicious spectator” can be considered a form of a theory of practical rationality. (shrink)

As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...) case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

The urgent need for solutions to critical environmental challenges is well attested, but often environmental problems are understood as fundamentally collective action problems. However, to solve to these problems, there is also a need to change individual behavior. Hence, there is a pressing need to inculcate in individuals the environmental virtues — virtues of character that relate to our environmental place in the world. We propose a way of meeting this need, by the judicious, safe, and controlled administration of “classic” (...) psychedelic drugs as a way to catalyze the development of environmental virtues – a form of moral bio-enhancement. Recent evidence shows that psychedelics can be given safely in controlled environments, and can induce vivid experiences of unity and connectedness. These experiences, in turn, can durably increase feelings of nature-relatedness and pro-environmental behaviors. Therefore, we argue that responsible psychedelic use can reliably catalyze the development of a key environmental virtue known as living in place. This is a “master environmental virtue” that subsumes the qualities of respect for nature, proper humility, and aesthetic wonder and awe. Our account advances the environmental virtues debate by introducing a relevant practical proposal, and advances the psychedelic moral enhancement debate by providing a much-needed conceptual framework. (shrink)

The paper was intended to make a tentative point about the organizational reform and types of organization, i.e., international, national and private. The author explores in the basics of public administration and contextualizes the variables often employed critically for the discipline of public policy and administration. They would include, for instance, the democratic principles,importance of communication and negotiation, the concept of policy network, diversity, technology and ethics, which are applied and argued over the transition from 1947 GATT to a (...) WTO nauguration in 1995. The present study of organizations or their reform would assively be consulted for the national or private reform, which tends to shed a focus on the legal perspective, organizational efficiency and reform. The studies in variance with the types of organization or institutional agenda, as well as in the viewpoint of public policy and administration are generally lacking or insufficient, at least, less systemic or fragmented. While the WTO has made much accomplishment since its inception, it would equally be true that the criticism and new vision had been raised and will be likely ahead. As it is one of the most dynamic and active international organizations, the author likes to exemplify it to test a scope of policy variables as interactive with the last and extended renovation in 1987-1994, which continue to be relevant with the new agendas and vision for a better paradigm of WTO and as an international organization. The author also expects that the future research can develop a set of distinct elements in response with the types of organization and from the viewpoint of public administration. (shrink)

Background: Despite the at least decades long record of philosophical recognition and interest, the intricacy of the deceptively familiar appearing concepts of ‘disease’, ‘disorder’, ‘disability’, etc., has only recently begun showing itself with clarity in the popular discourse wherein its newly emerging prominence stems from the liberties and restrictions contingent upon it. Whether a person is deemed to be afflicted by a disease or a disorder governs their ability to access health care, be it free at the point of use (...) or provided by an insurer; it also influences the treatment of individuals by the judicial system and employers; it even affects one’s own perception of self. -/- Aims: All existing philosophical definitions of disease struggle with coherency, causing much confusion and strife, and leading to inconsistencies in real-world practice. Hence, there is a real need for an alternative. -/- Materials & Methods: In the present article I analyse the variety of contemporary views of disease, showing them all to be inadequate and lacking in firm philosophical foundations, and failing to meet the desideratum of patient driven care. -/- Results: Illuminated by the insights emanating from the said analysis, I introduce a novel approach with firm ethical foundations, which foundations are rooted in sentience, that is the subjective experience of sentient beings. -/- Discussion: I argue that the notion of disease is at best superfluous, and likely even harmful in the provision of compassionate and patient-centred care. -/- Conclusion: Using a series of presently contentious cases illustrate the power of the proposed framework which is capable of providing actionable and humane solutions to problems that leave the current theories confounded. (shrink)

The conceptual model of United Nations reform - "UN 3.0" includes the General Program of Action on UN Reform, consisting of two stages. The first stage for 2020-2025 envisages the transformation of the main organs of the UN - the General Assembly and the Security Council with measures to improve the effectiveness of the management system, address the "veto problem", problem of financing, improve staff work and administrative and financial control, strengthen UN media, improvement of work with the global civil (...) society. The General Assembly is converted into the General All-Parliamentary Assembly of the UN. In the structure of the Assembly, the Council for Law is being established, which coordinates the activities of UN structures in the field of law. To coordinate the activities of the UN in the field of human rights and civil society, ethical issues, the General all-parliamentary Assembly creates the Council on ethics, human rights and civil society and transforms the Committee on information into the Council on public information and communication with civil society. The structure of the Council includes all UN media. The reform of the UN Security Council is carried out in three sub-stages. At the 1st sub-stage (2020-2021) the Security Council is transformed into the Council of Existential Security (CES). The membership of the CES is increased to 25 member countries, of which five countries have the right of the unconditional (absolute, eternal) veto: Great Britain, France, China, Russian Federation, USA. The General All-Parliamentary Assembly elects 15 new permanent members of the Council of Existential Security with the right of the conditional (limited) veto: Argentina, Australia, Brazil, Canada, Egypt, Germany, India, Indonesia, Italy, Mexico, South Africa, Nigeria, Pakistan , Turkey, Japan (if they fulfill the mandatory restrictive conditions). At this sub-stage, the CES elects also five non-permanent members with the right of a conditional (limited) veto when they meet the mandatory restrictive conditions, with a rotation period of 2 years from geographical regions (or regional unions): Africa, Latin America and the Caribbean, Asia and the Pacific Ocean (2 places), Eastern Europe. On the second sub-stage (2022-2023), subject to the effective activity of the CES of the enlarged composition and compliance with mandatory restrictive conditions, new permanent members of the "Existential Security Council" are elected with the right of a conditional (limited) veto: Iran, Spain, Poland, Saudi Arabia. Members of the CES may be regional unions, whose member countries are not represented in the CES, but still have one vote with the right of a conditional (limited) veto. -/- Two essential levels of the veto: 1. Unconditional (absolute, eternal) veto is the historical right of veto of the five permanent members of the Council of Existential Security - Great Britain, China, Russia, USA, France; 2. Сonditional (limited) veto is the veto of other permanent and non-permanent members of the Council of Existential Security. The right of veto is a unique international school for the achievement of consensus, a school of high democracy for Humanity, a reliable guarantee of the viability of the UN structure. The Council for Existential Security centralises the management of the UN subsidiary bodies with the expansion of their security functions: the Military Staff Committee, the Counter-Terrorism Committee, the Committee for the Prevention of the Spread of Nuclear, Chemical and Biological Weapons, the Sanctions Committees and other committees. On the basis of the decision of the Council of Existential Security, the General All-Parliamentary Assembly creates permanent contingents of UN peacekeeping and counter-terrorism forces. In addition, two Centers are being created in the structure of the Council for Existential Security: the World Center for the Elimination of the Effects of Technogenic and Natural Disasters with branches on all continents and the World Center for the Analysis of Existential Risks and the Overall Security Strategy. The Center is developing the Programs of research and monitoring of global existential threats and risks. In order to increase the level of legitimacy and authority of the Secretary General of the United Nations, the Rules of procedure for elections to this post are changing. Each member country of the Council for Existential Security represents one of the most authoritative candidates for election to the post of Secretary General at the session of the General All-Parliamentary Assembly, with the possibility of nominating candidates from other countries, including those not members of the Council for Existential Security. Elections are held in two rounds during one day of the session of the Assembly. The Legal Committee of the UN General Assembly is developing a Program for the Reform of the Judicial System of the United Nations, which takes into account the proposals of the previous international discussion and determines the scope and terms of the reform of the courts. In accordance with the Program of Action on UN Reform for 2020-2025, reforms are under way in the structure of the Economic and Social Council. The central task of the reform is to strengthen the coordinating role of ECOSOC in the entire system of UN-related specialized agencies, funds and programs related to the Council. The key task of the UN reform is the solution of the financing problem. A unified "UN Open Budget "Solidarity XXI" is being created, including the financing of peacekeeping operations and other expenses. Each country, a member of the United Nations, lists in an established period, once a year, an Existential contribution - the Earth Tax. The Earth Tax for each UN member state is established on the basis of four scales of calculation: Scale I - for 5 permanent members of the Council of Existential Security, who have the right of absolute (absolute) veto; Scale II - for the permanent members of the SEB, who have the right to a conditional (limited) veto; Scale III - for non-permanent members of the SEB, who have the right to a conditional (limited) veto; Scale IV - for all other UN member countries. The program of action on UN reform includes a set of measures to ensure transparent work of the International Civil Service Commission with the involvement of the UN media. To strengthen control functions in the sphere of personnel policy, administrative and financial management, the General All-Parliamentary Assembly of the United Nations establishes the Permanent Commission on Ethics and Administrative and Financial Control. All members of the Commission, members of the Committees and auditors are independent in their activities from the leadership of the United Nations, its funds and programs. The General All-Parliamentary Assembly completes the first stage of the Program of Action on UN Reform in 2025 and, following an open discussion, introduces a single language of international communication - Esperanto and approves it as the official language of the United Nations. With a view to more effective work of the central UN governing bodies in the face of increasing existential threats and risks, reducing the current expenses for the maintenance of the central bodies of the UN, the Council for Existential Security and the General All-Parliamentary Assembly decide on the relocation of the UN headquarters to Iceland. The UN building complex in New York is transferred to preferential use of non-governmental organizations, which contribute to the implementation of the goals of the United Nations. At the second stage of the UN reform in the period 2026-2028, additional necessary transformations are being made in the UN system. At the end of the first stage of the reform, taking into account the reforms carried out by the main organs of the United Nations and the internal improvement of the work of all its structures, the United Nations Program of Action for the years 2026-2028 is being developed. (shrink)

Abstract: Colombia's armed conflict, one of the longest in the world, requires a special approach to transitional justice strategies. Institutionalized practices customs. Approach it from a perspective that, with the legislative and judicial actions, give rise to political-educational and ethical-cultural actions is key. Recognition and legitimacy are complementary. With Carlos S. Nino, we see the law as a collective action in time.

El conflicto armado colombiano, uno de los más largos del mundo, requiere un enfoque especial para estrategias de justicia transicional. Las prácticas institucionalizan costumbres. Enfocarlo desde una perspectiva que, junto a las acciones legislativas y judiciales, dé el lugar a acciones político-educativas y ético-culturales, es clave. Reconocimiento y Legitimidad son complementarias. Con Carlos S. Nino, vemos el Derecho como acción colectiva en el tiempo. Palabras clave: Legitimidad – Ciudadanía – Compromiso – Reconocimiento –Postconflicto - Justicia transicional. Abstract: Colombia's armed conflict, (...) one of the longest in the world, requires a special approach to transitional justice strategies. Institutionalized practices customs. Approach it from a perspective that, with the legislative and judicial actions, give rise to political-educational and ethical-cultural actions is key. Recognition and legitimacy are complementary. With Carlos S. Nino, we see the law as a collective action in time. (shrink)

This article interrogates the bureaucratization of war, incarnate in the covert lethal drone. Bureaucracies are criticized typically for their complexity, inefficiency, and inflexibility. This article is concerned with their moral indifference. It explores killing, which is so highly administered, so morally remote, and of such scale, that we acknowledge a covert lethal program. This is a bureaucratized program of assassination in contravention of critical human rights. In this article, this program is seen to compromise the advance of global justice. Moreover, (...) the bureaucratization of lethal force is seen to dissolve democratic ideals from within. The bureaucracy isolates the citizens from lethal force applied in their name. People are killed, in the name of the State, but without conspicuous justification, or judicial review, and without informed public debate. This article gives an account of the risk associated with the bureaucratization of the State’s lethal power. Exemplified by the covert drone, this is power with formidable reach. It is power as well, which requires great moral sensitivity. Considering the drone program, this article identifies challenges, which will become more prominent and pressing, as technology advances. (shrink)

Tolerance is part of the self-definition of democratic societies, one of the major foundations underlying secular democracy’s sometimes unstated and always ambivalent claim to represent a higher form of civilisation. The transformation of tolerance from a type of indulgence to a type of virtue is explained in part by what it does. It helps to preserve peace in societies with a high level of ethnic and religious diversity, and it has also played an important part in eliminating the injustices that (...) religious and racial minorities suffered when Western societies were more homogenous. Historically, intolerance has extended in extreme cases to persecution, segregation, violence and mass-murder. In more “normal” situations it has usually meant denial of civil and political rights and unequal treatment at law. A fair and decent society is obliged to address this injustice, not least by state and judicial action against groups which refuse to respect the freedom and rights of other people. Problems arise, however, when even groups which respect the freedom and rights of others, such as the Christian churches, are accused of discrimination and treated as intolerant for observing legitimate distinctions; for properly exercising a preference; and for defending the rights of others. In these cases the concept of intolerance, understood as a refusal to respect the rights of others, has been extended to encompass something which is not a form of intolerance at all; namely, the right we all have to refuse to validate choices with which we disagree. (shrink)

What is the connection between dispositions and ethics? Some might think very little and those who are interested in dispositions tend to be metaphysicians whose interests are far from value. However, we argue in this paper that dispositions and dispositionality are central to ethics, indeed a precondition. Ethics rests on a number of notions that are either dispositional in nature or involve real dispositions or powers at work. We argue for a dispositional account of value that offers (...) an alternative to the traditional fact-value dichotomy. We explain the place of value within a structure that explains the possibility of ethics. Elsewhere in this structure, we argue that moral responsibility is a precondition for ethics and that it is a dispositional notion depending critically on what Mumford and Anjum have called the dispositional modality. Moral responsibility in turn depends on there being both agency and normativity. We argue that intentionality and agency are preconditions for agency and that value is a precondition of normativity. All these notions are dispositional and make best sense if there are real dispositions or causal powers of agents. (shrink)

Michael Pakaluk presents the first systematic study in English of Books VIII and IX of Aristotle's masterpiece of moral philosophy, the Nicomachean Ethics; these books comprise one of the most famous of all discussions of friendship. Pakaluk accompanies his fresh and accurate translation with a philosophical commentary which unfolds lucidly the various arguments in the text, assuming no knowledge of Greek on the part of the reader.

This article looks at some of the salient analyses of moderation in the ancient Greek and the Islamic traditions and uses them to develop a contemporary view of the matter. Greek ethics played a huge role in shaping the ethical views of the Muslim philosophers and theologians, and thus the article starts with an overview of the revival of contemporary western virtue ethics--in many ways an extension of Platonic-Aristotelian ethics--and then looks at the place of moderation or (...) temperance in Platonic-Aristotelian ethics. This sets the stage for an exposition of the position taken by Ibn Miskawayh and al-Ghazali, which is then used as a backdrop for suggesting a revival of the Quran's virtue ethics. After outlining a basis for its virtue ethics, the Quranic view of wasatiyya or moderation is discussed briefly. (shrink)

Personal AI assistants are now nearly ubiquitous. Every leading smartphone operating system comes with a personal AI assistant that promises to help you with basic cognitive tasks: searching, planning, messaging, scheduling and so on. Usage of such devices is effectively a form of algorithmic outsourcing: getting a smart algorithm to do something on your behalf. Many have expressed concerns about this algorithmic outsourcing. They claim that it is dehumanising, leads to cognitive degeneration, and robs us of our freedom and autonomy. (...) Some people have a more subtle view, arguing that it is problematic in those cases where its use may degrade important interpersonal virtues. In this article, I assess these objections to the use of AI assistants. I will argue that the ethics of their use is complex. There are no quick fixes or knockdown objections to the practice, but there are some legitimate concerns. By carefully analysing and evaluating the objections that have been lodged to date, we can begin to articulate an ethics of personal AI use that navigates those concerns. In the process, we can locate some paradoxes in our thinking about outsourcing and technological dependence, and we can think more clearly about what it means to live a good life in the age of smart machines. (shrink)

The three main types of policies for addressing climate change are command and control regulation, carbon taxes (or price instruments), and cap and trade (or quantity instruments). The first question in the ethics of carbon pricing is whether the latter two (price and quantity instruments) are preferable to command and control regulation. The second question is, if so, how should we evaluate the relative merits of price and quantity instruments. I canvass relevant arguments to explain different ways of addressing (...) these important policy questions, suggesting that carbon pricing is preferable to command and control regulation, and that price instruments have the theoretical edge over quantity instruments. [Open access]. (shrink)

Philosophical inquiry strives to be the unencumbered exploration of ideas. That is, unlike scientific research which is subject to ethical oversight, it is commonly thought that it would either be inappropriate, or that it would undermine what philosophy fundamentally is, if philosophical research were subject to similar ethical oversight. Against this, I argue that philosophy is in need of a reckoning. Philosophical inquiry is a morally hazardous practice with its own risks. There are risks present in the methods we employ, (...) risks inherent in the content of the views under consideration, and risks to the subjects of our inquiry. Likely, there are more risks still. However, by starting with the identification of these three risks we can demonstrate not only why an ethics of practice is needed but also which avenues are the most promising for developing an ethics for philosophical practice. Although we might be in the business of asking questions, we do not absolve ourselves of responsibility for the risks that inquiry incurs. (shrink)

The American justice system, from police departments to the courts, is increasingly turning to information technology for help identifying potential offenders, determining where, geographically, to allocate enforcement resources, assessing flight risk and the potential for recidivism amongst arrestees, and making other judgments about when, where, and how to manage crime. In particular, there is a focus on machine learning and other data analytics tools, which promise to accurately predict where crime will occur and who will perpetrate it. Activists and academics (...) have begun to raise critical questions about the use of these tools in policing contexts. In this chapter, I review the emerging critical literature on predictive policing and contribute to it by raising ethical questions about the use of predictive analytics tools to identify potential offenders. Drawing from work on the ethics of profiling, I argue that the much-lauded move from reactive to preemptive policing can mean wrongfully generalizing about individuals, making harmful assumptions about them, instrumentalizing them, and failing to respect them as full ethical persons. I suggest that these problems stem both from the nature of predictive policing tools and from the sociotechnical contexts in which they are implemented... (shrink)

This paper argues that Quaker business ethics can be understood as a MacIntyrean tradition. To do so, it draws on three key MacIntyrean concepts: community, compartmentalisation, and the critique of management. The emphasis in Quaker business ethics on finding unity, as well as the emphasis that Quaker businesses have placed on serving their local areas, accords with MacIntyre’s claim that small-scale community is essential to human flourishing. The emphasis on integrity in Quaker business ethics means practitioners are (...) well-placed to resist the compartmentalising pressures of contemporary work. Quaker business ethics is also highly critical of the manipulative forms of management that MacIntyre regards as dominant. As such, Quaker business ethics provides evidence that more morally ameliorative forms of running business organisations is possible, even if they remain difficult to achieve. (shrink)

The idea that experts (especially scientific experts) play a privileged role in determining the meanings of our words and the contents of our concepts has become commonplace since the work of Hilary Putnam, Tyler Burge, and others in the 1970s. But if experts have the power to determine what our words mean, they can do so responsibly or irresponsibly, from good motivations or bad, justly or unjustly, with good or bad effects. This paper distinguishes three families of metasemantic views based (...) on their attitudes towards bad behaviour by meaning-fixing experts, and draws a series of distinctions relevant for the normative evaluation of meaning-determining actions. (shrink)

This is a paper about the methodology of normative ethics. I claim that much work in normative ethics can be interpreted as modelling, the form of inquiry familiar from science, involving idealised representations. I begin with the anti-theory debate in ethics, and note that the debate utilises the vocabulary of scientific theories without recognising the role models play in science. I characterise modelling, and show that work with these characteristics is common in ethics. This establishes the (...) plausibility of my interpretation. Taking methodological inspiration from modelling in science gives us new tools for managing idealisations, and a new perspective on pluralism. I demonstrate why this interpretation is a fruitful way of interpreting ethics, by looking at three case studies. First, I return to the anti-theory debate and argue that modelling opens up a new middle ground. Second, I argue that a modelling lens offers a new way of understanding impossibility theorems in population ethics, and their bearing on ethics as a whole. Finally, I show how viewing our work as modelling can be deployed in debates within ethics, using the debate over prioritarianism as an example. I close with further methodological suggestions for those who choose to see themselves as modellers. I discuss the role of counterexamples, our responses to moral disagreement, and the training of new ethicists. (shrink)

In their recently published book Nudge (2008) Richard H. Thaler and Cass R. Sunstein (T&S) defend a position labelled as ‘libertarian paternalism’. Their thinking appeals to both the right and the left of the political spectrum, as evidenced by the bedfellows they keep on either side of the Atlantic. In the US, they have advised Barack Obama, while, in the UK, they were welcomed with open arms by the David Cameron's camp (Chakrabortty 2008). I will consider the following questions. What (...) is Nudge? How is it different from social advertisement? Does Nudge induce genuine preference change? Does Nudge build moral character? Is there a moral difference between the use of Nudge as opposed to subliminal images to reach policy objectives? And what are the moral constraints on Nudge? (shrink)

Aristotle's primary perspective on the concept of justice is founded on knowledge of the good, which is related to the ethical virtues in Nicomachean Ethics and is separated into two parts: universal justice and specialized justice. In Politics, on the other hand, Aristotle identifies justice as the intrinsic nature of just citizens, noting in both Nicomachean Ethics and Politics, "The political good is justice, and this is a common advantage.".

Aristotle’s dialogue Protrepticus is not only his earliest work of ethics but also the root of all his subsequent investigations into ethics. Here we explore the various ways Aristotle retained in memory the contents of the Protrepticus and redeployed them in the Eudemian Ethics, including the common books. Since Aristotle himself does not explicitly acknowledge the foundational significance of the Protrepticus to his later works, our exploration must proceed on the basis of our knowledge of the earlier (...) work, which can then related to comparable passages in the treatises. But the Protrepticus is a lost work, unlike the EE and the EN, in the sense that no medieval manuscripts of it have survived. And so it first needs to be reconstructed on the basis of the streams of reception that deposited information in surviving works by later ancient authors. We begin in part 1 by reviewing the surviving evidence of the Protrepticus before presenting our wider reconstruction and conception of the work as a dialogue in part 2. In part 3, we discuss ideas and arguments in the reconstructed dialogue that are retained and redeployed in the Eudemian Ethics, focussing on the account of intellectual virtues in EE v and the introduction and methodological framework in EE i-ii.1. (shrink)

Many jurisdictions prohibit or severely restrict the use of evidence about a defendant’s character to prove legal culpability. Situationists, who argue that conduct is largely determined by situational features rather than by character, can easily defend this prohibition. According to situationism, character evidence is misleading or paltry. -/- Proscriptions on character evidence seem harder to justify, however, on virtue ethical accounts. It appears that excluding character evidence either denies the centrality of character for explaining conduct—the situationist position—or omits probative evidence. (...) Situationism is, after all, presented as antithetical to virtue ethics. -/- This essay provides a virtue ethical defense of character evidence exclusion rules. We show that existing virtue ethical rebuttals to situationism themselves support prohibitions on character evidence; even if behavior arises from stable character traits, character evidence should be prohibited. In building our case, we provide a taxonomy of kinds of character judgment and reconcile the ubiquity and reasonableness of character judgments in ordinary life with the epistemic legitimacy of character evidence prohibitions in law. (shrink)

What proper role should considerations of risk, particularly to research subjects, play when it comes to conducting research on human enhancement in the military context? We introduce the currently visible military enhancement techniques (1) and the standard discussion of risk for these (2), in particular what we refer to as the ‘Assumption’, which states that the demands for risk-avoidance are higher for enhancement than for therapy. We challenge the Assumption through the introduction of three categories of enhancements (3): therapeutic, preventive, (...) and pure enhancements. This demands a revision of the Assumption (4), alongside which we propose some further general principles bearing on how to balance risks and benefits in the context of military enhancement research. We identify a particular type of therapeutic enhancements as providing a more responsible path to human trials of the relevant interventions than pure enhancement applications. Finally, we discuss some possible objections to our line of thought (5). While acknowledging their potential insights, we ultimately find them to be unpersuasive, at least provided that our proposal is understood as fully non-coercive towards the candidates for such therapeutic enhancement trials. (shrink)

According to the order ethics approach to business ethics, moral rules must be im-plemented by institutions that provide incentives for following the rules. As a minimal (normative) condition, these institutions must be able to motivate the homo eco-nomicus. But even if an institution passes this test, it will only motivate actual people (i.e. the homo psychologicus) to follow moral rules, if they have the relevant compe-tences and self-efficacy beliefs. Consequently, good institutional design includes com-prehensive change management. At this (...) point applied order ethics can draw on find-ings of psychology and experimental economics. It turns out, that role models can support self-efficacy beliefs and are thus more important for order ethics than has traditionally been assumed. (shrink)

I show how those with Kantian habits of mind—those committed to maintaining certain kinds of universality in ethics—can still get involved in the project of securing the distinctiveness of Christian ethics by highlighting parts of his moral philosophy that are amenable to this project. I first describe the interaction among James Gustafson, Stanley Hauerwas, and Samuel Wells surrounding the issue of the distinctiveness of Christian ethics, to explain why Kant is generally understood as the opponent of this (...) project in this discourse. Then I lay out his discussions of how his moral argument for postulating divine existence can have beneficial moral-psychological results, and of how we can find moral satisfaction, the sense of pleasure in our moral strivings, as two elements in his moral philosophy that can be turned into a distinctively Christian ethics with revisions that should be allowed within the broad confines of Kantian moral philosophy. I also point out that his own answer to the question of moral satisfaction is already distinctively Christian, in that it is inspired by the Christian tenets of the imputation of righteousness and the assurance of salvation. (shrink)

In the near future we may be able to manipulate human embryos through genetic intervention. Jürgen Habermas has argued against the development of technologies which could make such intervention possible. His argument has received widespread criticism among bioethicists. These critics argue that Habermas's argument relies on implausible assumptions about human nature. Moreover, they challenge Habermas's claim that genetic intervention adds something new to intergenerational relationships pointing out that parents have already strong control over their children through education. In this paper (...) a new approach to Habermas's theory is suggested which makes clear that he has a strong point against genetic intervention. A more charitable reading of Habermas with respect to his assumptions concerning human nature is presented. Moreover, Habermas's assumption concerning the power of genetic controlling is evaluated. By means of a close comparison of genetic and educational control it is shown that Habermas's argument relies on much weaker assumptions than generally understood. (shrink)

Modern philosophy recognizes two major ethical theories: deontology, which encourages adherence to rules and fulfillment of duties or obligations; and consequentialism, which evaluates morally significant actions strictly on the basis of their actual or anticipated outcomes. Both involve the systematic application of universal abstract principles, reflecting the culturally dominant paradigm of technical rationality. Professional societies promulgate codes of ethics with which engineers are expected to comply, while courts and the public generally assign liability to engineers primarily in accordance with (...) the results of their work, whether intended or unintended. A third option, prominent in ancient philosophy, has reemerged recently: virtue ethics, which recognizes that sensitivity to context and practical judgment are indispensable in particular concrete situations, and therefore rightly focuses on the person who acts, rather than the action itself. Beneficial character traits—i.e., virtues—are identified within a specific social practice in light of the internal goods that are unique to it. This paper proposes a comprehensive framework for implementing virtue ethics within engineering. (shrink)

Originally introduced by Plato and Aristotle, Moderation Theory in Ethics is the most prevalent theory of ethics among Islamic scholars. Moderation Theory suggests that every virtue or excellence of character lies in the mean between two vices: excess or defect. Every ethical virtue comes from moderation in actions or emotions and every ethical vice comes from excess or defect. This paper suggests that while Islamic scholars have been influenced by this doctrine, they have also developed and re-conceptualized it (...) in innovative ways. Kindī, Miskawayh, Avicenna, Rāghib Isfahānī, Nasīr al-Dīn Ṭusī, and others are among the Islamic contributors to the subject. Some of their innovations in this theory are as follows: bringing together Aristotle's doctrine of the mean with Plato's psychology (by Kindī), dividing virtues into four higher genuses, dividing vices into eight higher genuses, setting various kinds of vices and virtues under these higher genuses (by Miskawayh), adding the vice qualitative criteria to Aristotle's vice quantitative criteria (excess and defect) (by Ṭusī), dividing various conceptualizations of justice (by Avicenna), adding religious and mystical virtues into the existing list of virtues (by Rāghib Isfahānī), and proposing a comprehensive model for curing diseases of the soul. This paper seeks to establish the main contributions of these Muslim scholars to Moderation Theory and elaborate on this theory’s evolution within the Islamic world. (shrink)