Ethics and Law

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the law-enforcement agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to legal entrapment to commit a crime. (...) Following János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that while two of these are inapplicable to legal entrapment, the third has better prospects. We then argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of legal entrapment remains an open possibility. Finally, we generalize this result, showing that the case of legal entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention, and restraint. (shrink)

The War on Cops is a collection of previously-published essays by Heather Mac Donald, a public intellectual in the United States who belongs to the ‘small faction’ of secular conservatives (Mark Oppenheimer, “A Place on the Right for a Few Godless Conservatives”, New York Times, February 18, 2011). The essays are journalistic rather than academic, having appeared in the City Journal, National Review, New York Daily News, InsideSources, Wall Street Journal, and Weekly Standard, but the volume is nonetheless significant to (...) contemporary philosophers due to both its form and content. First, Mac Donald presents a logical argument for her position and makes explicit use of philosophical devices such as thought experiments. Second, this argument concerns the controversy surrounding the killing of African American males by police officers in the last three years and she provides the first sustained criticism of the rationale for the Black Lives Matter movement. (shrink)

We attribute knowledge to institutions on a daily basis, saying things like "the government knew about the threat" or "the university did not act upon the knowledge it had about the harassment". Institutions can also attribute knowledge to themselves, like when Maybank Global Banking claims that it offers its customers "deep expertise and vast knowledge" of the Southeast Asia region, or when the United States Geological Survey states that it understands complex natural science phenomena like the probability of earthquakes occurring (...) along a given fault line. This article aims to discover when we can correctly attribute knowledge to an institution. I find this an interesting question, especially because when something does go wrong, all too often the official line of response from institutions is that they were unaware of the situation: in other words, they did not have enough information at their disposal. I will argue that institutions have fewer excuses for being ignorant than individuals do, and that many admissions of institutional knowledge are too modest. I begin by discussing a real-life example of the latter, before turning my attention to the usually fragmented nature of institutional knowledge. I also discuss the robustness of this knowledge, offering a distinction between two types of institutional knowledge. I then discuss knowledge parameters and why institutions have fewer excuses for not knowing about something than individuals do. I round off the chapter by examining institutional knowledge on climate change. (shrink)

The emerging sexual ethics that characterise the contemporary society, remains new to Africa, a phase of the erosion of African ethos, and a negation of the sacredness and classical norms of sex, which deserves to be addressed by all and sundry. It is a contemporary trend brought to fore by homosexuals, bisexuals and transsexuals, among which are the radical feminists, who indoctrinate many with the practice and continuously push very hard for legalisation and acceptance by all cultures and religions. But (...) interestingly, many cultures and religions still remain opposed to the practice and its evolved ethics since they abuse human sexuality and African ethos. Clearly, adherents and feminists of the ill-practices with the new sex ethics have lost touch with moral sanity and the metaphysical Being, God. Only worthwhile cultural traits need be borrowed into and imbibed by other cultures in contact. The rising ugly development can best be addressed through strong opposing legislations, the sustenance of cultural and moral norms and values (ethics) and attitudinal change. (shrink)

Semiotic objections to markets urge us not to place a good on the market because of the message that doing so would send. Brennan and Jaworski reject them on the grounds that either the contingent semiotics of a market can be changed or the weakness of semiotic reasons allows them to be ignored. The scope of their argument neglects the impure semiotic objections that claim that the message a market sends causes, constitutes, or involves a nonsemiotic wrong. These are the (...) most compelling class of semiotic objections and are the kind actually advanced in the literature. Rather than focusing on the necessity or contingency of a market's semiotics, we should instead attend to a semiotic objection's most important feature: its purity or impurity. (shrink)

L’origine della storia dell’Europa merita di essere ripercorsa. Troppo spesso infatti si tralascia il fatto che la cultura europea è secondaria ad Atene e Gerusalemme. Nel presentare lo scenario attuale si ragiona spesso sul collante monetario che tiene uniti gli stati, sulla buona morale che li accomuna aperta alla convivenza con l’estraneo, tuttavia non si considera mai il fatto che l’ethos ha ragioni storiche. Si parla di diritti, si erige l’eguaglianza a principio sovrano, trascurando che la Dichiarazione Universale che tutela (...) tali diritti non è stata accettata da una parte significativa di mondo. E ancora si parla spesso di bilancio demografico nazionale e integrazione, ignari dell’ipotesi recentemente avanzata di un’Europa balcanizzata. E infine si trascura che l’ethos di un popolo trova il suo inizio in una credenza e dunque in una tradizione. In questo breve saggio tenterò di tratteggiare brevemente l’odierno quadro europeo, mettendo in evidenza i legami forti, imprescindibili, sui quali poggia l’etica di una civiltà, e con essa i diritti che la società tutela e promuove. Tenterò altresì di porre in evidenza la trasformazione in atto a livello sociale circa l’etica occidentale consentita, il suo “legittimo” allargamento, e sul perché si ritenga corretto promuoverla. Keywords: Europa, Cristianesimo, Bene, Male, Diritto, Dichiarazione dei diritti umani (1948), Dichiarazione del Cairo (1990), Sacro. Bibliography/Authors: R. Brague, J. Ratzinger, J. Habermas, J. Weiler, M.A. Glendon, Z. Bauman, O. Rey. (shrink)

Philanthropy is everywhere. In 2013, in the United States alone, some $330 billion was recorded in giving, from large donations by the wealthy all the way down to informal giving circles. We tend to think of philanthropy as unequivocally good, but as the contributors to this book show, philanthropy is also an exercise of power. And like all forms of power, especially in a democratic society, it deserves scrutiny. Yet it rarely has been given serious attention. This book fills that (...) gap, bringing together expert philosophers, sociologists, political scientists, historians, and legal scholars to ask fundamental and pressing questions about philanthropy’s role in democratic societies. (shrink)

How sexuality should be regulated in a liberal political community is an important, controversial theoretical and empirical question—as shown by the recent criminalization of possession of some adult pornography in the United Kingdom. Supporters of criminalization argue that Mill, often considered a staunch opponent of censorship, would support prohibition due to his feminist commitments. I argue that this account underestimates the strengths of the Millian account of private conduct and free expression, and the consistency of Millian anticensorship with feminist values. (...) A Millian contextual defense of liberty, however, suggests several other policy approaches to addressing the harms of pornography. (shrink)

Today's unprecedented levels of human migration present urgent challenges to traditional conceptualizations of national identity, nation-state sovereignty, and democratic citizenship. Foreigners are commonly viewed as outsiders whose inclusion within or exclusion from “the people” of the democratic state rests upon whether they benefit or threaten the unity of the nation. Against this instrumentalization of the foreigner, this book traces the historical development of the concepts of sovereignty and foreignness through the thought of philosophers such as Plato, Locke, Hobbes, Rousseau, Derrida, (...) and Benhabib in order to show that foreignness is a structural feature of sovereignty that cannot be purged or assimilated. Understood in this light, foreignness allows for new forms of democratic political unity to be imagined that reject local practices which deprive individuals of political membership solely on the basis of national citizenship. This cosmopolitan model for citizenship provides a novel conceptual framework that simultaneously upholds the legal importance of democratic citizenship for political justice while ceaselessly contesting the exclusionary logic of the nation-state that reserves democratic rights for members of the nation alone. (shrink)

It is sometimes thought that the normative justification for responding to large-scale violations of human rights via the judicial appararatus of trial and punishment is undermined by the desirability of reconciliation between conflicting parties as part of the process of conflict resolution. I take there to be philosophical, as well as practical and psychological issues involved here: on some conceptions of punishment and reconciliation, the attitudes that they involve conflict with one another on rational grounds. But I shall argue that (...) there is a conception of political reconciliation available which does not involve forgiveness and this forms of reconciliation may be the best we can hope for in many conflicts. Reconciliation is nevertheless likely to require the expression of what Darrell Moellendorf has called 'political regret' and the denunciatory role aspect of punishment makes it particularly well-suited to this role. (shrink)

In questo saggio sono espresse alcune riflessioni concernenti l’orizzonte etico-morale proprio della scuola di materialismo indiana nota con il nome di Cārvāka/Lokāyata. La discussione si sviluppa secondo i seguenti punti: 1. Gli assunti ontologico-psicologici; 2. Gli assunti epistemologici; 3. L’etica e la morale; 4. Conclusioni.

This book offers a detailed account and analysis of the academic scandal regarding the honorary doctorate awarded to Professor Michael Walzer by Belgrade University and the events that followed.

Die vorliegende Untersuchung stellt die Frage nach der Gerechtigkeit des Rechts, wobei sich das Wort "Recht" sowohl auf das Ganze der Rechtsordnung als auch auf einzelne Rechtsnormen beziehen kann. Dabei wird ausgelotet, was eine rechtsethische Rechtfertigung des Rechts überhaupt zu leisten vermag und welches ihre Grenzen sind. Die Untersuchung geht systematisch vor. Es erfolgt in erster Linie eine Auseinandersetzung mit problembezogenen Lösungsvorschlägen. Historische Positionen sowie philosophiegeschichtliche Betrachtungen dienen der Abrundung. Der Aufbau des Werkes erfolgt in Form einer Stufenpyramide, wobei auf (...) jeder Stufe die Problembehandlung immer weiter konkretisiert wird. So wird die Bandbreite möglicher Antworten auf die Frage nach der Gerechtigkeit des Rechts Schritt für Schritt eingegrenzt. Der Lösungsvorschlag des Autors geht am Ende dieser Stufenpyramide hin zu einer materialen Gerechtigkeitstheorie. Diese sogenannte "Dreizonentheorie politischer Gerechtigkeit" wird im zentralen Teil der Untersuchung ausführlich behandelt und dargestellt. Inhalt: Recht und Moral - Formale Positionen zum Verhältnis Rechtsethik - Recht - Materiale Rechtsethik/Politische Gerechtigkeit - Kritik des normativen Individualismus - Die Dreizonentheorie politischer Gerechtigkeit. (shrink)

Indice - Piccola premessa personale; Moralismo- perché; Una moralità costituzionale; Quando morì la moralità pubblica; Tempo di scandali - Un’assise sulla corruzione; Una continuità perversa; Nuova eversione quotidiana; Senza controllo - Verso l’estinzione dello Stato; Povero Parlamento; L’uomo del fare; Il senso delle istituzioni; Un deserto istituzionale; Il diritto alla verità; La scuola pubblica - un 'organo costituzionale'; Esercizi di decostituzionalizzazione; Ancora uno sforzo, moralisti!; Fonti.

Warum muss Strafe sein? Die Beiträge betreffen zunächst aktuelle Strafbegründungstheorien, insbesondere solche, die in der Strafe einen Tadel sehen. Eine klare Unterscheidbarkeit zwischen absoluten und relativen Straftheorien wird heute nicht selten bezweifelt.

What is the relation between moral reasons and reasons of “political necessity”? Does the authority of morality extend across political decision-making; or are there “reasons of state” which somehow either stand outside the reach of morality or override it, justifying actions that are morally wrong? This chapter argues that attempts to claim a contra-moral justification for political action typically suffer from a fundamental confusion – a confusion about the nature and expression of practical justification. The author aims to bring two (...) new things to the debate. A first aim is to show how light can be shed on this issue by examining a question that philosophers have discussed in isolation from it: the question of the relationship between moral reasons and reasons pertaining to personal well-being. This gives us a better appreciation of the range of available views about the relation of the moral to the political; more importantly, it helps to explain the fundamental challenge to the idea that there could be contra-moral justification of political action. However, it also provides us with guidance for thinking about the ways in which that challenge might be answered. There is, after all, a case to be made for thinking that some political actions can be justified even though they remain morally wrong. And those actions are of great importance to national and international politics today. (shrink)

Drug laws -- Justifications of punishment -- Civil disobedience : is there a duty to obey the law? -- Global poverty -- Liberty -- Liberty-limiting principles -- Rights -- Equality and social justice -- Moral relativism -- Utilitarianism -- Kantian moral philosophy -- John Rawls's theory of justice.

The term “patriotism” has had different meanings, deriving from different historical circumstances. In its predominant modern sense it has been condemned as vicious, extolled as virtuous, and judged to be a quality potentially virtuous, but only in moderation. It is argued that, as most commonly understood by writers in this century, neither unrestricted patriotism, nor even moderate patriotism, is a virtue, but it is a socially pernicious vice, the more virulent for being associared with virtue.

pt. 1. Background you need. -- What is brain-compatible teaching -- The old and new of it -- When brain research is applied to the classroom everything will change -- Change can be easy -- We're not in Kansas anymore -- Where's the proof -- Tools for exploring the brain -- Ten reasons to care about brain research -- The evolution of brain models -- Be a brain-smart consumer: recognizing good research -- Action or theory: who wants to read all (...) that research -- Excellent sources of research -- Fun factoids on the brain -- What's in the human brain -- Brain teaser -- The brain divided -- The brain connected -- Brain geography -- Brain "cell" ebration: far-out facts about brain cells -- Learning happens but how -- Are today's kids different -- Boy's and girl's brain differences -- Learning disabilities; different brains -- The cranial soup bowl: understanding the chemicals in our brains -- pt. 2. The foundation for teaching is principles, not strategies. What are the principles -- Principle 1: the principle of change: brain is dynamic, not fixed -- Principle 2: the principle of variety: all brains are unique -- Principle 3: the principle of developmental sensitivity -- Principle 4: the principle of interaction: we have a social brain -- Principle 5: the principle of connectivity: the brain is an integrated system of systems -- Principle 6: the principle of memory malleability -- Principle 7: the principle of resource consumption -- necessity for processing -- pt. 3. So what; now what. Asking big questions: what's in a brain-compatible curriculum -- Brain-compatible test-taking success strategies -- Systemic change: the next level -- Big picture analysis: transformation happens -- Action research makes a difference -- The learning community -- What's next. (shrink)

A timely contribution from prominent philosophers to the public debate about morality and politics, exploring the fundamental problem of their relation and a string of specific issues. Is political morality more permissive of deception, manipulation and violence? Is there room for morality in international relations? Is patriotism a virtue? What are the moral costs of policies that keep out most of those seeking immigration or asylum? May we use torture in the 'war on terror'? What are the moral hazards of (...) military obedience? (shrink)

The phenomenon of “dirty hands” is often held to be endemic to political life. Success in politics—it has been argued—requires a willingness to sacrifice our moral principles in order to pursue worthwhile goals. I argue that the tension between morality and politics goes deeper than this. The very existence of “politics” requires that morality is routinely violated because political community, within which political discourse is possible, is based on denying the moral claims of non-members. Political community requires borders and borders (...) require keeping outsiders out. Yet there is no justification that we can provide to someone outside of our political community as to why they are denied membership. The price of political community is therefore the unjust exclusion of others. In a world characterised by the movement of peoples as a result of large-scale and systematic international injustices, this exclusion often involves acts that violate important obligations of compassion and respect. Thus, “we” are the barbarians my title refers to. In order for political community to exist, we must act like barbarians at the gates. A problem of “dirty hands” therefore lies at the very foundation of political community. (shrink)

Aristotle’s virtue ethics can teach us about the relationship between our habits and our actions. Throughout his works, Aristotle explains much about how one may develop a virtuous character, and little about how one might change from one character type to another. In recent years criminal law has been concerned with the issue of recidivism and how our system might reform the criminals we return to society more effectively. This paper considers how Aristotle might say a vicious person could change (...) and what a penal system could do to facilitate such a transformation. It discusses how previous attempts to rehabilitate criminals may have failed because they do not address habit in the way that Aristotle advocates. This paper concludes that a rehabilitative model that addresses habit more aggressively than previous methods might be required to soften the hardest criminals. (shrink)

abstract This paper aims to gain a deeper understanding of the different forms of moralism in order to throw light upon debates about the role of morality in international affairs. In particular, the influential doctrine of political realism is reinterpreted as objecting not to a role for morality in international politics, but to the baneful effects of moralism. This is a more sympathetic reading than that usually given by philosophers to the realist doctrines. I begin by showing the ambiguity and (...) elusiveness of realist claims about morality in politics and then distinguish six forms of moralism, understood as a distortion of genuine morality: moralism of scope, of imposition, of abstraction, of absolutism, of inappropriate explicitness, and of deluded power. I argue that most of these are relevant to typical realist claims and can make their objections more plausible. But, though realists can be interpreted as rightly drawing attention to the dangers of moralism in international and national affairs, their conflation of moralism with morality wrongly leads them to an exaltation of the pursuit of national interest and to the rejection of policies and judgements that are not in fact moralistic. (shrink)

The central question in political philosophy is whether political states have the right to coerce their constituents and whether citizens have a moral duty to obey the commands of their state. In this 2005 book, Christopher Heath Wellman and A. John Simmons defend opposing answers to this question. Wellman bases his argument on samaritan obligations to perform easy rescues, arguing that each of us has a moral duty to obey the law as his or her fair share of the communal (...) samaritan chore of rescuing our compatriots from the perils of the state of nature. Simmons counters that this, and all other attempts to explain our duty to obey the law, fail. He defends a position of philosophical anarchism, the view that no existing state is legitimate and that there is no strong moral presumption in favor of obedience to, or compliance with, any existing state. (shrink)

This new study seeks to reopen the law-ethics debate from a postmodern perspective and calls for a radical reassessment of the relationship between law and morality.

David Lyons is one of the pre-eminent philosophers of law active in the United States. This volume comprises essays written over a period of twenty years in which Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice. The underlying theme of the book is that a system of law has only a tenuous connection with morality and justice. Contrary to those legal theorists who maintain that no matter how bad the law (...) of a community might be, strict conformity to existing law automatically dispenses 'formal' justice, Professor Lyons contends that the law must earn the respect that it demands. Moreover, we cannot, as some would suggest, interpret law in a value-neutral manner. Rather courts should interpret statutes, judicial precedents, and constitutional provisions in terms of values that would justify those laws. In this way officials can promote the justifiability of what they do to people in the name of law, and can help the law live up to its moral pretensions. (shrink)

In The Realm of Rights Judith Thomson provides a full-scale, systematic theory of human and social rights, bringing out what in general makes an attribution of ...

The major moral issues of our time have been made vital and immediate by the convergence of numerous factors. Among these are a technology that has produced the threat of nuclear holocaust, that can maintain life beyond the death of the brain, that can destroy the natural world, and that produces deadly, indestructible waste. There is a new sensitivity to the injustices suffered by minorities. Impoverishment and starvation are now the fate of millions. Political tyranny is a continuing threat. Finally, (...) the rise of a new religiousness has had an impact on morals and public affairs. In these provocative essays chosen from The Tanner Lectures on Human Values and first published in 1987, four internationally distinguished scholars explore the moral implications of these issues in today's world. (shrink)

An examination of the relationship between law and morals, this wide-ranging book develops themes addressed by Hart and Devlin, relating them to issues and events of current interest. Lee covers such timely concerns as: the Moral Majority; embryo experiments and surrogate motherhood; contraception, children's rights, and parents' rights; informed medical consent; equality and discrimination; and freedom of expression and pornography. Stressing the relevance of these issues to the lives of all of us, Lee argues for broader participation in debate on (...) this topic. (shrink)

An introduction to the philosophy of law, which offers a modern and critical appraisal of all the main issues and problems. This has become a very active area in the last ten years, and one on which philosophers, legal practitioners and theorists and social scientists have tended to converge. The more abstract questions about the nature of law and its relationship to social norms and moral standards are now seen to be directly relevant to more practical and indeed pressing questions (...) about the justification of punishment, civil disobedience, the enforcement of morality, and problems about justice, rights, welfare, and freedom. David Lyons is a shrewd, clear and systematic guide through this tangled area. The book presupposes no formal training in law or philosophy and is intended to serve as a textbook in a range of introductory courses. (shrink)