The era of globalization has been accompanied by an increased awareness of private wrongs as well as acceleration of many forms of cross-border labor exploitation. The essay explores how refined distinctions between forced and free sex work could improve anti-trafficking policies. It addresses the understudied linkages between other forms of migration and sexual exploitation and suggests a triage approach to all forms of labor exploitation—based on harms rather than type of labor or victim. A better understanding of freedom, (...) sex, and development will allow us to expand a human rights approach to these private wrongs. The best anti-trafficking policy is one of universal, indivisible human rights. Victims of sexual exploitation need the same things as all migrants and all workers—recognition, monitoring, resources, access to justice, and organization. (shrink)

Gordon's emphasizes that the process of prosecution is crucial to the idea of crime. One who commits a public wrong is properly called to public account for it, and the criminal trial constitutes such a public calling to account. The state is the proper prosecutor of crimes: since a crime is ‘our’ wrong, rather than only the victim's wrong, it is appropriate that we should prosecute it, collectively. The case is not simply V the victim, or P the plaintiff, against (...) D the defendant. It is brought, as the Americans properly have it, by ‘the People’, or by ‘the Commonwealth’, against the defendant. This is a useful way in which to think about crimes and criminalisation. This chapter tries to develop this conception of public wrongs a little further, which also involves complicating it more than a little. It works from a version of liberal communitarianism that rejects the metaphysical version of the individualist's ‘unencumbered self’; but the account sketched here should be compatible with all but the most radically individualist kinds of liberal theory. (shrink)

Several critics have argued that private prisons are not only problematic because of their worse effects but also intrinsically wrong. This article analyzes two prominent arguments for this claim: the representation argument and the condemnation argument. The conclusion is that these arguments fail to show that there is something intrinsically wrong about private prisons. This is especially true if the arguments are extended to non-profit private prisons under social injustice contexts that states are responsible for. In such (...) cases, non-profit private prisons might not only be on a par with public prisons but be preferable to them. However, the arguments are also insufficient to oppose every conceivable for-profit private prison. (shrink)

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private (...) law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. (shrink)

The legitimacy of putting public activities – such as providing education and welfare, but also running prisons or providing military services – into the hands of private companies is hotly contested. In The Privatized State, Chiara Cordelli puts forward an original argument, from a Kantian perspective, for why it is problematic: it replaces the omnilateral will of all citizens, which is realized through public institutions, with the unilateral will of agents to whom these activities have been delegated. While adding (...) an important dimension to the debate, I am not fully convinced that private institutions always fail to realize the omnilateral will, and that this is the only, or always most central, normative problem of privatization. Instead, many concrete cases of privatization seem normatively overdetermined in their wrongness. Nonetheless, Cordelli’s brilliant discussion invites us to rethink these phenomena from an important angle and helps us to better understand what an ideal civil service would look like. (shrink)

In many Western capitalist economies, private indebtedness is pervasive, but it has received little attention from political philosophers. Economic theory emphasizes the liberating potential of debt contracts, but its picture is based on assumptions that do not always hold, especially when there is a background of structural injustice. Private debt contracts are likely to miss their liberating potential if there is deception or lack of information, if there is insufficient access to (regular forms of) credit, or if credit (...) is overly expensive. Markets for private debt can be mechanisms of structural injustice: rather than playing a neutral role, they reinforce injustices, because the failures of debt to be liberating disproportionately hit individuals in disadvantaged positions. By individualizing what are in fact structural problems, private debt can contribute to stigmatization, social exclusion and oppression. What is at stake, from a perspective of structural justice, is not only the distribution of income, but also the distribution of risk. The problems of private debt markets therefore require political attention. In addition to fighting the structural injustices that form the background condititions of private debt, it is also worth addressing private debt markets themselves. (shrink)

The aim of this article is to demonstrate the respects in which private schools are unfair, and why they pose a threat to the well-being of not only those who are excluded on financial grounds, but to democratic equality and social cohesion in general. The shortcomings associated with relying on a form of educational provision that is merely ‘adequate’ are rendered explicit, and the article concludes with a consideration of a variety of measures that might go some way towards (...) nullifying the harmful effects of private schools, the objections to which are sufficiently strong as to warrant a prima facie case for the abolition of such schools. (shrink)

In this insightful, provocative essay, Stove builds a case for the claim that when benevolence is universal, disinterested and external, it regularly leads to ...

This paper is about how best to understand the notion of ‘public wrongs’ in the longstanding idea that crimes are public wrongs. By contrasting criminal law with the civil laws of torts and contracts, it argues that ‘public wrongs’ should not be understood merely as wrongs that properly concern the public, but more specifically as those which the state, as the public, ought to punish. It then briefly considers the implications that this has on criminalization.

This essay reviews John Gardner’s recent books, From Personal Life to Private Law, and Torts and Other Wrongs. Both books offer profound insights into private law’s concerns with justice and our reasons for action. The essay focuses on Gardner’s continuity thesis, and in particular on his idea that a third party may act on behalf of a wrongdoer as her delegee. Three settings are considered. First, I will discuss settings in which the state or another third party (...) acts to remedy a wrong without the wrongdoer’s consent. Second, I will review settings in which the legal remedies at issue – e.g., general damages or punitive damages – may not fit well with the idea that the state is acting on behalf of a wrongdoer. Third, I will analyze settings in which the state may be acting on behalf of right holders, yet still be concerned with the continuity thesis. Assessing each of these contexts offers further insights into the purpose of private law remedies. (shrink)

Australasian Journal of Philosophy, Volume 0, Issue 0, Page 1-3, Ahead of Print.

This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled to form (...) families, as well as personal associations which reflect their tastes as well as their beliefs and interests. He seems also to have assumed that people are entitled to seclude themselves, as well as to associate with others, and to keep some of their beliefs, knowledge, feelings and ideas to themselves, rather than having to share them with others. So, thinking of privacy as an amalgam of claims to seclusion, solitude, anonymity and intimate association, we can say that Rawls appears to include at least some forms of privacy in his account of the liberties protected by the first principle of justice. -/- However, Rawls did not say very much about how he understands people’s claims to privacy, or how those claims relate to his ideas about property-ownership. This is unfortunate, because two familiar objections to privacy seem particularly pertinent to his conception of the basic liberties. The first was articulated with customary panache by Judith Thomson, in a famous article on the moral right to privacy, in which she argued that talk of a moral right to privacy is confused and confusing, because privacy rights are really just property rights in disguise. The second objection has long been a staple of leftist politics, and is that the association of privacy with private property means that privacy rights are just a mask for coercive and exploitative relationships, and therefore at odds with democratic freedom, equality and solidarity. If the first objection implies that Rawls is wrong to think that protection for privacy can be distinguished from protection of personal property, the second objection implies that Rawls cannot hope to protect privacy without thereby committing himself to the grossest forms of capitalist inequality. -/- In this paper I will not discuss Rawls’ views of property-owning democracy. However, by clarifying the relationship between claims to privacy and claims to property-ownership, I hope to illuminate some of the conceptual, moral and political issues raised by Rawls’ ideas, and by work on the concept of a property-owning democracy, which he inspired. As we will see, privacy-based justifications of private ownership are not always unappealing, and privacy is sometimes promoted, rather than threatened, by collective ownership. The conclusion draws out the significance of these claims for the idea of a property-owning democracy. (shrink)

It is possible for an act to wrongfully harm a person, even if that person is dead. David Boonin explains the puzzle of posthumous harm and examines its ethical implications for such issues as posthumous organ removal, posthumous publication of private documents, damage to graves, and posthumous punishment.

A life without liberty and material resources is not a good life. Equally, a life devoid of meaningful social relationships—such as friendships, family attachments, and romances—is not a good life. From this it is tempting to conclude that just as individuals have rights to liberty and material resources, they also have rights to access meaningful social relationships. I argue that this conclusion can be defended only in a narrow set of cases. ‘Pure’ social relationship deprivation—that is, deprivation that is not (...) caused, or accompanied, by deficits in liberties and material resources— mostly generates demands of private beneficence. I suggest that social relationship deprivation is unjust, hence a rights violation, only when it is due to factors—such as one’s race—that are irrelevant to one’s being a good participant in social relationships. I thus conclude that access to meaningful social relationships is not a fundamental concern for theories of justice. (shrink)

In contrast to the vast literature on retributive theories of punishment, discussions of private revenge are rare in moral philosophy. This paper reviews some examples, from both classical and recent writers, finding uncertainty and equivocation over the ethical significance of acts of revenge, and in particular over their possible resemblances, in motive, purpose or justification, to acts of lawful punishment. A key problem for the coherence of our ethical conception of revenge is the consideration that certain acts of revenge (...) may be just (at least in the minimal sense that the victim of revenge has no grounds for complaint against the revenger) and yet be generally agreed to be morally wrong. The challenge of explaining adequately why private revenge is morally wrong poses particular difficulty for purely retributive theories of punishment, since without invoking consequentialist reasons it does not seem possible adequately to motivate an objection to just and proportionate acts of revenge. (shrink)

La quête de ce qui est appelé de manière si erronée la justice sociale est à notre époque la principale menace à l’égard de la propriété privée. Hayek se trompait quand il concluait que l’expression “justice sociale” est “entièrement creuse et dénuée de signification”. Car ceux qu’on devrait désormais appeler les sociauxdémocrates de tous les partis, et non plus les socialistes, se trompent en maintenant qu’est “socialement” juste l’injustice manifeste consistant à s’approprier des proportions toujours croissantes de richesses et de (...) revenus acquis de manière juste par quelques individus, afin de les transférer à d’autres individus qui ne peuvent prétendre en aucune façon à leur possession.The pursuit of what is so misleadingly called social justice is in our time the main threat to private property. Hayek was mistaken in concluding that the expression “social justice” is “entirely empty and meaningless”. For what is wrong with those who should now perhaps be called not the socialists but the social democrats of all parties is that they insist on misdescribing as “socially” just the manifest injustice of seizing ever increasing amounts of the justly acquired wealth and income of some people in order to transfer it to others who have no such just claims to its possession. (shrink)

One of the influential contributions to criminalisation theories is Duff’s work on public wrongs, which offers a thin master principle of criminalisation, proposing that we have a reason to criminalise a type of conduct if it constitutes a public wrong; one that violates a polity’s civil order and forms part of that polity’s proper business. The nature of the civil order, the scope of its proper business, and the distinction between the public and private realms of wrongs (...) are context-relative to each polity, structured by their legal, institutional, and informal values and ways of life. Such a context-relative view led to problematic criminalisation examples raised by Duff and his critics. This article engages more fully with the relativism of the civil order and public wrongs in non-democratic and illiberal contexts. It draws on examples such as Saudi Arabi and Iran, and Beetham’s work on the legitimation of power to argue that conceptualising the civil order as an undifferentiated whole that represents a polity’s chosen way of life overlooks the ways in which the civil order’s values and practices are shaped by relations of power and exclusion rules and processes. This, in turn, exposes the theory to the risk of mirroring and legitimising unequal relations of power and impeding efforts to change them. This is also due to the theory’s lack of proper normative guidance on the legitimacy of criminalisation. The potential commitment to – instead of a preference for – democracy and guarantees of equality and freedoms might help strengthen the theory normatively, but it is insufficient to guard against the raised problems. (shrink)

In this paper I explore elements from Kant’s philosophy of right to develop a relational account of the wrong of poverty. Poverty is a relational wrong because it involves relations of problematic dependence, inequality, and humiliation. Such relations infringe the rights to freedom and equality of the poor. And the called-for response is one of public recognition and protection of the rights of the poor. This position means we must radically reconceptualize our individual duties to the poor: not _private beneficence_, (...) but _private remedies for public failures_. (shrink)

What is discrimination and what makes wrongful discrimination wrong? Even after an ever-rising tide of research over the course of the past twenty-five or so years these questions still remain hard to answer. Exercising candid and self-critical hindsight, Larry Alexander, who contributed his fair share to this tide, thus remarked: “All cases of discrimination, if wrongful, are wrongful either because of their quite contingent consequences or perhaps because they are breaches of promises or fiduciary duties.” If this is true it (...) raises serious doubts as to how wrongful discrimination can be a moral wrong in itself. Also, the question comes up as to who it is who breaches a promise or a fiduciary duty. This paper defends the view that the substance of these remarks is better understood by couching them in a political approach towards discrimination. Against this background, they give rise to real and pressing concerns. Once we conceptualise the realm political along Hobbesian lines as the battleground comprising both the private sphere of the individual and the public sphere of the commonwealth it emerges that discrimination has different significance with regard to these respective spheres. In order to illustrate this, I adopt Kasper Lippert-Rasmussen’s descriptive account of discrimination as „differential treatment on the basis of membership of a socially salient group“ and the common view that wrongful discrimination is wrong because it is harmful, disrespectful, or both. In the private sphere the case can be made for morally permissible cases of discrimination. Sexual discrimination due to sexual self-determination with consequently freely choosing your sexual or romantic partner is the central case in point. Where somebody feels unfairly rejected and consequently hurt neither the charge of harm inflicted nor that of disrespect endured need be justified. No “breach of promises or fiduciary duties” is involved. The case is different, however, when it comes to the fiduciary of power. In discriminating, he who exercises the power of the commonwealth necessarily breaches a promise and a fiduciary duty. Discrimination thus appears to be more of a problem of political philosophy than one of applied ethics. [in German] **************************************************************************************************** ******************** Was ist Diskriminierung und warum ist Diskriminierung verwerflich, wenn sie es denn ist? Dies bleibt ungeachtet der seit fünfundzwanzig Jahren anschwellenden Forschungsliteratur unverändert eine harte Nuss. Larry Alexander, der selbst maßgeblich zu dieser Forschungsliteratur beigetragen hat, merkt daher selbstkritisch an: „All cases of discrimination, if wrongful, are wrongful either because of their quite contingent consequences or perhaps because they are breaches of promises or fiduciary duties.“ Wenn dies der Fall ist, stellt sich die Frage, wie moralisch verwerfliche Diskriminierung dann noch an sich verwerflich sein kann. Es stellt sich dann auch die Frage, wer hier ein Versprechen bricht und seine Treuepflichten verletzt. Die leitende Annahme dieses Aufsatzes ist es, dass man dem sachlichen Kern dieser Bedenken Rechnung tragen kann, indem man eine politische Perspektive auf das Phänomen der Diskriminierung einnimmt. Die Bedenken erweisen sich dann als substanziell und zutreffend. Konzeptualisieren wir den Bereich des Politischen mit Thomas Hobbes als das Spannungsfeld, das die private Sphäre des Individuums und die öffentliche Sphäre des Gemeinwesens gegeneinander abgrenzt, wird sichtbar, dass Diskriminierung in diesen Sphären jeweils unterschiedlich zu bewerten ist. Um dies zu verdeutlichen, lege ich Kasper Lippert-Rasmussens deskriptives Verständnis von Diskriminierung als „differential treatment on the basis of membership of a socially salient group“ zugrunde und mache von der in der Diskussion verbreiteten Ansicht Gebrauch, dass das Zufügen von Schaden oder die Verweigerung von Respekt Diskriminierung verwerflich macht. In der privaten Sphäre kann es nun Fälle moralisch zulässiger Diskriminierung geben. Zentral ist die sexuelle Diskriminierung aufgrund der Ausübung einer freien Wahl des eigenen Sexual- oder Liebespartners. Auch wenn sich der Abgewiesene womöglich geschädigt sieht, wird unbilliger Schaden nicht zugefügt und geschul- deter Respekt nicht verweigert. Den Grund finden wir in Alexanders Formel: Ein „breach of promises“ oder eine Verletzung „fiduciary duties“ liegt nicht vor. Anders im Fall staatlicher Diskriminierung: Ein „breach of promises“ oder eine Verletzung „fiduciary duties“ liegt hier stets vor, da Fälle staatlicher Diskriminierung regelmäßig Machtmissbrauch darstellen: Der Inhaber staatlicher Gewalt verletzt die Treuepflicht, das Mandat unparteilich auszuüben, das getreulich auszuführen er gelobt hat. Diskriminierung erscheint also weniger als ein Problem der angewandten Ethik denn als eines der politischen Philosophie. (shrink)

This book collects John Gardner's celebrated essays on the theory of private law, alongside two new essays. Together they range across the central puzzles in understanding the significance of outcomes, the role of justice in private law, strict liability, the reasonable person standard, and the role of public policy in tort law.

Bioethics, once a four-letter word in the private sector, is now an integral part of the decisionmaking process of biotechnology and pharmaceutical companies. And bioethicists, once confined to the classroom and limited to abstract, philosophical discussions about what is right and wrong in medicine and medical research, now play an important role in the practical implementation of ethical boundaries. Bioethicists increasingly are hired by biomedical companies as consultants to highlight and help resolve complex ethical issues that arise in the (...) companies’ normal business practices. Whether motivated by profit, reputation, or a genuine desire to act morally, these companies are willing to pay bioethicists substantial consultation fees for their “expert” opinions. This fairly recent phenomenon has caused some to be concerned about the potential for bioethicists to encounter conflicts of interests. Specifically, many critics of this new relationship between bioethicists and the private sector “are concerned about the appropriateness of ethicists who should have broader interests, such as concerns about social justice, serving clients whose primary interest is profit-maximizing.”. (shrink)

In what, if any sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement and this book provides both an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law.

In a debate between tolerance and intolerance one is disinclined to side with intolerance. Nevertheless that, in a sense, is what I want to do in this paper. The particular debate I have in mind is the old one between H.L.A. Hart and Patrick Devlin about the legal enforcement of moral values. It should be noted, though, that the issue has by no means been settled in the minds of many people. The proposed repeal of the British law prohibiting the (...) promotion of homosexuality (a law known as Section 28) “could destroy Scottish society,” according to Mazhar Malik of Glasgow’s Ethnic Community Resource Centre, echoing Devlin’s concern from the 1960s. In what follows I will first sketch and defend, partially, what I take to be Devlin’s communitarian argument and then attempt to explain what is wrong with it and how this should affect our estimation of the proper relation between law and morals. I will argue that at least some private ‘immorality’ can be defended without recourse to the liberal belief in a morally private sphere. In part I I look at the kind of communitarianism that can be found in Devlin’s work, in part II I support this reading of Devlin and expand on it by looking at some important passages from his work, and in part III I consider the reasons why his argument does not support legislation against gay sex, and, in fact, could be used to defend gay rights. (shrink)

In the United States, discrimination based on race, religion, and other suspect categories is strictly regulated when it takes place in hiring, promotion, and other areas of the world of commerce. Discrimination in one's private affairs, however, is not subject to legal regulation at all. Assuming that both sorts of discrimination can be equally morally wrong, why then should this disparity in legal treatment exist? This paper attempts to find a theory that can simultaneously explain these divergent treatments by (...) providing an account that fits the various aspects of our legal practices and our attitudes toward them, and justify those practices by providing an account that makes the divergence attractive from a moral point of view. The sorts of basis for the disparity are discussed: differences in our epistemological access to private and commercial discrimination; different effects these forms of discrimination have on their victims; and differences in the relative importance of the value of autonomy at stake. I conclude that while considerations of autonomy provide the best explanation for the disparity in attitudes toward the legal treatment of discrimination, they still fall well short of an explanation that completely fits and justifies our current practice. Specifically, I suggest that the disparity between our current legal treatment of private versus commercial discrimination is based on a mistaken belief about the greater importance of autonomy in the private realm than in the commercial sphere. Because this belief is mistaken, a practice designed to consistently respect the value of autonomy ought to differentiate less between private and commercial discrimination, either by regulating the former more heavily, or by regulating the latter less heavily. (shrink)

At least prima facie, there is no doubt that the later Wittgenstein conceived intentionality as a normative notion, where the normativity in question is of a linguistic kind. As he repeatedly says, the (internal) agreement between thought and reality that makes a particular subsisting state of affairs be the fulfilment of a certain intentional state is to be found in language, and language is intrinsically normative. Or, to put it more precisely, it is a rule of grammar that the intentional (...) state that p is the state that p satisfies. Yet the arguments that one can reconstruct on a textual basis in order to support this conception do not seem entirely convincing. On the one hand, one can exploit a straightforward argument for a linguistically normative intentionality to the effect that there cannot be a priority of thought over public language. According to this argument, if there were a prelinguistic thought, this could only be expressed by an impossible private language. Yet this argument basically relies on the implicit but controversial premise that any language is a normatively imbued structure. On the other hand, one can retrace an indirect argument for a linguistically normative intentionality to the effect that public language cannot derive its meaningfulness from a prelinguistic thought not only originally, but also intrinsically, endowed with intentionality, for there is no such thing: any attempt at singling out such a thought is doomed to fail, for it faces an infinite regress problem. Yet even this argument relies on a tacit premise claiming that thought has a physical design component, it is a (psychic) fact. This premise cannot be taken for granted if one accepts that intentional states have both original and intrinsic intentionality. These two elements – having both original and intrinsic intentionality – can indeed be simultaneously accommodated if one maintains that intentional states are abstract particulars having no physical basis. At any rate, evicting intentionality from language as conceived by Wittgenstein, hence from normativity, does not show that Wittgenstein was wrong in thinking that meaning is an intrinsically normative notion. On the contrary, one can precisely combine a non-normative view of intentionality with a normative conception of meaning: the meaning of an expression is what the intending of an intentional content becomes once that intending is expressed by correctly using the expression in question. Moreover, appearances notwithstanding, there is room for attributing to the later Wittgenstein not the ambitious thesis that public language precedes thought in general (so that intentionality is a linguistically normative property), but just the more cautious thesis that complex thoughts require language in order for them to be articulated. (shrink)

Full privatisation of schools would involve states abstaining from providing, funding or regulating schools. I argue that full privatisation would, in most circumstances, worsen social injustice in schooling. I respond to James Tooley's critique of my own arguments for funding and regulation and markets. I argue that even his principle of educational adequacy requires a certain level of state involvement and demonstrate that his arguments against a principle of educational equality fail. I show, furthermore, that he relies on an over-optimistic (...) attitude regarding the operation of markets, which involves a failure to appreciate the diversity of quality in states, and that he misreads the evidence concerning private schooling in some developing countries. (shrink)

The paper discusses three theses in relation to poetry: the Inadequacy Thesis: language is inadequate to capture, portray, do justice to, the quality and intensity of the inner life; the Empathy Thesis: descriptions of certain kinds of experiences can only be understood by a person who has had similar experiences; the Poetic Thesis, which has two parts: only through poetry can we hope to overcome the problem of the Inadequacy Thesis and the difficulty of poetry is at least partly explained (...) by the Empathy Thesis. The paper argues that there are important truths underlying each thesis but that it would be wrong to connect this kernel of truth with a Lockean view of language, and in particular with a view of language as 'private', in the sense implied by Locke and criticized by Wittgenstein. The romantic conception of poetry, to which the theses are related, neither relies on the Lockean view nor does it succumb to the Wittgensteinian view. (shrink)

For the last twenty years John Corvino has traversed the US responding to moral and religious arguments against same-sex relationships. In this timely book, he shares that experience-both by addressing the standard objections and by offering insight into the culture wars more generally. In the process, he makes a fresh case for moral engagement, forcefully rejecting the idea that morality is a 'private matter'.

The corporate meltdowns of this and the previous decade in the US - WorldCom, Enron, Tyco, and in Australia - FAI, HIH and AWB being among the many examples - have resulted in the governments of those two countries introducing legislation and policy guidelines aimed at minimising future corporate misbehaviour. -/- The US has introduced the Sarbanes Oxley Act, with requirements on corporate accountants and auditors, as well as its whistleblowing provisions. It has revised the Federal Sentencing Guidelines for Organizations. (...) New rules for the NYSE and NASDAQ have also been introduced. In addition, the U.S. Securities and Exchange Commission and U.S. Department of Justice have further strengthened the Foreign Corrupt Practices Act 1977, last revised in 1997. -/- Australia has revised the Corporations Act to include whistleblower protection clauses as well as adopted the ASX Corporate Governance guidelines. Standards Australia has issued its handbook on corporate governance. Although not a business issue, the Australian government has also announced that it will introduce whistleblower protection legislation for the public sector by the end of its first term in office. This legislation will likely influence whatever the private sector does in this respect. The inclusion of whistleblower protection in both Sarbanes–Oxley and the Corporations Act reflects a growing body of research that finds that people internal to an organisation are the most effective way to identify corporate wrongs. The Commonwealth Treasury has recently issued an options paper, stating that the Corporations Act has been ineffectual. It has sought submissions on revisions to the legislation that the Australian Government could take. This paper examines the policies advocated by over 20 organisations and academics concerned with whistleblowing issues. It draws the conclusion that on current indications, even after further reform, Australian legislation and policies are still likely to be less effectual than overseas practices. -/- --------------------------------- . (shrink)

This article addresses all of the issues involved in the debate about whether or not bioethicists should be paid by private biomedical companies to perform consultations. These issues include the following: differentiation of this role from bioethicists' other roles, an analysis of to whom bioethicists owe a duty, consideration of what bioethicists are “selling,” whether bioethicists should be allowed to get paid, when payment becomes problematic, and whether consulting fee arrangements should be regulated. The author often compares bioethicists' relationship (...) to the companies to bioethicists' other relationships, as well as to professional relationships in other fields, such as law and accounting. (shrink)

Full privatisation of schools would involve states abstaining from providing, funding or regulating schools. I argue that full privatisation would, in most circumstances, worsen social injustice in schooling. I respond to James Tooley’s critique of my own arguments for funding and regulation and markets. I argue that even his principle of educational adequacy requires a certain level of state involvement and demonstrate that his arguments against a principle of educational equality fail. I show, furthermore, that he relies on an over-optimistic (...) attitude regarding the operation of markets, which involves a failure to appreciate the diversity of quality in states, and that he misreads the evidence concerning private schooling in some developing countries. (shrink)

But there certainly can be such a thing. Either Cohen is wrong in conceiving of words as social institutions or this conception has led him to make a false inference.

The Joyless Economy seeks to explain the paradox of rising consumption and pervasive dissatifaction, and is thus often cited as a critique of consumer society. Yet it is rather ambivalent as critique. A less ambivalent critique would be predicated on the existence of biases toward private consumption as against public consumption, savings, free time, and the environment. These biases result from two sources: the importance of social comparison and the non‐existence of a market in working hours. Because positional competitions (...) occur far more readily around visible private consumer goods, these take a privileged place in expenditures. This process is compounded by the fact that employers systematically deny opportunities to trade income for leisure. (shrink)

Two extreme and contrasting positions held currently by various researchers in language evolution are compared. Each position comprises five ideas which contradict the corresponding ideas in the other position. In Extreme Position A, there was a single biological mutation, creating a new unique cognitive domain, Language, immediately enabling unlimited command of complex structures via Merge, used primarily for advanced private thought, and only derivatively for public communication, not promoted by natural selection. By contrast, in Extreme Position B, there were (...) many cumulative biological mutations, allowing expanded interaction of pre-existing cognitive domains — no new domain was created, gradually enabling command of successively more complex structures, used primarily for public communication, and derivatively for advanced private thought, promoted by natural selection. These extreme positions are not hypothetical ‘straw men’, insofar as prominent researchers exist who adopt each of them. At the end of this paper I will present a ‘scorecard’ summarizing which parts of the two extreme positions are justified by available evidence. (shrink)

W. K. Clifford famously argued that it is “wrong always, everywhere and for anyone, to believe anything upon insufficient evidence.” Though the spirit of this claim resonates with me, the letter does not. To wit, I am inclined to think that it is not morally wrong for, say, an elderly woman on her death bed to believe privately that she is going to heaven even if she does so on insufficient evidence—indeed, and lest there be any confusion, even if the (...) woman herself deems the evidence for her so believing to be insufficient. After all, her believing so does not appear to endanger, harm, or violate the rights of anyone, nor does it make the world a worse place in a significant, if any, way. That Clifford might have put too fine a point on the matter, however, does not entail that there are no conditions under which it is wrong to believe something upon insufficient evidence. In this paper, I argue that, in cases where believing a proposition (read: believing a proposition to be true) will affect others, it is prima facie wrong to have propositional faith—for present purposes, to believe the proposition despite deeming the evidence for one’s believing to be insufficient—before one has attempted to believe the proposition by proportioning one’s belief to the evidence. (shrink)

Since the publication of his Philosophical Investigations Wittgenstein's work has acquired a dubious patina of commentary which makes it appear that he was, without question, a verificationist. A. J. Ayer concludes his criticism of Wittgenstein by holding that descriptive statements need not be “directly verifiable by me.” In his reply to Ayer, R. Rhees only reinforces this view of Wittgenstein as a verificationist by holding that he thought it essential to the significant use of a word that it could be (...) used both rightly and wrongly. If there is no distinction between correct and incorrect in what I say, then “of course … I say nothing” according to Rhees, who thinks he is speaking for Wittgenstein. Norman Malcolm also subscribes to this reading of the Philosophical Investigations. Without the idea of a verifiably correct use, he insists, there can be no idea of a language. (shrink)

It is often argued that the existence of qualia -- private mental objects -- shows that physicalism is false. In this paper, I argue that to think in terms of qualia is a misleading way to develop what is in itself a valid intuition about the inability of physicalism to do justice to our conscious experience. I consider arguments by Dennett and Wittgenstein which indicate what is wrong with the notion of qualia, but which by so doing, help us (...) to locate the real problem for physicalism. This is not that there may be mental as well as physical objects of which we are aware, but that the very notion of awareness is itself resistant to physicalist treatment. In the concluding sections, I draw on Wittgenstein's positive account of sensations, to suggest a way in which the apparent chasm separating objective and subjective viewpoints might be bridged in a non-reductive fashion. (shrink)

It is often argued that the existence of qualia -- private mental objects -- shows that physicalism is false. In this paper, I argue that to think in terms of qualia is a misleading way to develop what is in itself a valid intuition about the inability of physicalism to do justice to our conscious experience. I consider arguments by Dennett and Wittgenstein which indicate what is wrong with the notion of qualia, but which by so doing, help us (...) to locate the real problem for physicalism. This is not that there may be mental as well as physical objects of which we are aware, but that the very notion of awareness is itself resistant to physicalist treatment. In the concluding sections, I draw on Wittgenstein's positive account of sensations, to suggest a way in which the apparent chasm separating objective and subjective viewpoints might be bridged in a non-reductive fashion. (shrink)

If there is a “basic structure objection” to G.A. Cohen’s incentive critique of Rawls, then there is also a BSO to claims that private racial discrimination thwarts social justice by reducing the opportunity of its targets. In this paper, I take up the debate about the site or purview of justice and discuss it with reference to the case of race. I argue that the dispute about the site of justice has been wrongly understood as a dispute about the (...) substantive requirements of justice instead of as a dispute about where it is appropriate to apply considerations of justice. (shrink)

Criminal sanctions are typically inflicted by the state. The central role of the state in determining the severity of these sanctions and inflicting them requires justification. One justification for state-inflicted sanctions is simply that the state is more likely than other agents to determine accurately what a wrongdoer justly deserves and to inflict a just sanction on those who deserve it. Hence, in principle, the state could be replaced by other agents, for example, private individuals. This hypothesis has given (...) rise to recent calls to reform the state's criminal justice system by introducing privately inflicted sanctions, for example, shaming penalties, private prisons, or private probationary services. This paper challenges this view and argues that the agency of the state is indispensable to criminal sanctions. Privately inflicted sanctions sever the link between the state's judgments concerning the wrongfulness of the action and the appropriateness of the sanction and the infliction of sufferings on the criminal. When a private individual inflicts punishment, she acts on what she and not the state judges to be a justified response to a criminal act. Privately inflicted sanctions for violations of criminal laws are not grounded in the judgments of the appropriate agent, namely the state. It is impermissible on the part of the state to approve, encourage, or initiate the infliction of a sanction on an alleged wrongdoer on the basis of a private judgment. Such an approval grants undue weight to the private judgment of the individual who inflicts the sanction. (shrink)

Is information about a person's genome, whether derived from the analysis of DNA or otherwise, protected by the right to privacy? If it is, why and in what manner? It often appears that some people believe that the answer to this question is to be found in molecular genetics itself. They point to the rapid progress being made in basic and applied aspects of this field of biology; this progress has remarkably increased what is known about human genetics. Since knowledge (...) of a particular person's genetic makeup entails a potential intrusion into that person's most private realms and exposes him or her to dire results if revealed to others, they argue, the law needs to protect “genetic privacy.” There is nothing inherently wrong with this account, but it certainly presupposes that we know—and agree about—what it means to protect privacy and, indeed, what interests are implicated in the concept and why they matter. Rather than make this assumption, in this essay I first elaborate a concept of privacy before turning to the potential privacy implications that arise at the intersection of human genetics and the field of insurance. I argue that the core value here is self-determination broadly conceived—that control over one's genetic information may be important for achieving self-determination—but that at least in the context of contracts for life insurance, we should be reluctant to recognize “rights” that would permanently preclude the use of genetic data by insurers. (shrink)

The use of predictive machine learning algorithms is increasingly common to guide or even take decisions in both public and private settings. Their use is touted by some as a potentially useful method to avoid discriminatory decisions since they are, allegedly, neutral, objective, and can be evaluated in ways no human decisions can. By (fully or partly) outsourcing a decision process to an algorithm, it should allow human organizations to clearly define the parameters of the decision and to, in (...) principle, remove human biases. Yet, in practice, the use of algorithms can still be the source of wrongful discriminatory decisions based on at least three of their features: the data-mining process and the categorizations they rely on can reconduct human biases, their automaticity and predictive design can lead them to rely on wrongful generalizations, and their opaque nature is at odds with democratic requirements. We highlight that the two latter aspects of algorithms and their significance for discrimination are too often overlooked in contemporary literature. Though these problems are not all insurmountable, we argue that it is necessary to clearly define the conditions under which a machine learning decision tool can be used. We identify and propose three main guidelines to properly constrain the deployment of machine learning algorithms in society: algorithms should be vetted to ensure that they do not unduly affect historically marginalized groups; they should not systematically override or replace human decision-making processes; and the decision reached using an algorithm should always be explainable and justifiable. (shrink)

ABSTRACTRevisionists about Aquinas’ teaching on private self-defence take the standard reading to hold that Aquinas applies a version of the Doctrine of Double Effect according to which the intentional killing of a wrongful attacker by a private person is morally prohibited while the non-intentional but foreseeable killing of the attacker is permitted. Revisionists dispute this reading and argue that Aquinas permits the intentional killing of wrongful attackers. I argue that revisionists mischaracterize the standard reading of Aquinas. I consider (...) one of its main proponents, Antonio de Córdoba. When Córdoba condemned the intentional killing of wrongful attackers by private persons, he was not applying DDE. Rather, he was arguing that when you decide to kill an attacker you treat the attacker as a resource for the private end of saving your life. Killing a member of your community is a form of irrevocable social exclusion. This decision ought to be left to the public authorities. The disagreement between the authors defending the standard view and their critics was not about DDE but rather about the moral limits that membership in a community sets on the pursuit of private ends, including the private end of staying alive. (shrink)