The problem of “dirty hands” has become an important term, indeed one of the most important terms of reference, in contemporary academic scholarship on the issue of torture. The aim of this essay is to offer a better understanding of this problem. Firstly, it is argued that the problem of “dirty hands” can play neither within rule-utilitarianism nor within absolutism. Still, however, the problem of “dirty hands” represents an acute, seemingly irresolvable, conflict within morality, with the moral agent understood, following (...) Nagel, as necessarily holding mixed, absolutist-consequentialist moral intuitions, pulling in opposite directions. Secondly, a distinction is drawn between real situations of “dirty hands,” and other conflictual scenarios, which are commonly, but unjustifiably placed under the metaphorical title of “dirty hands.” Finally, it is suggested - utilizing Nagel’s own ideas, as developed in his later work, and Sen’s notion of evaluator relativity—that the moral “blind alley” manifested in the problem of “dirty hands” may not be totally blind after all, at least from the situated agent’s own internal point of view (as opposed to that of an external observer trying to put herself in the agent’s position by way of moral simulation). Thus, contrary to Walzer’s approach, it is possible for a person (politician) acting in a situation of “dirty hands,” not to believe herself to be guilty, but still be a moral person. (shrink)

Ein Leitmotiv der medizinethischen Auseinandersetzung mit der tiefen Hirnstimulation (THS) ist die Beschäftigung mit Fragen personaler Identität. Da es sich bei personaler Identität auch um ein Problem der theoretischen Philosophie handelt, wird in diesem Aufsatz nicht nur die praktische Frage nach der ethischen Legitimation der THS durch informierte Einwilligung gestellt und ein modifiziertes Legitimationskriterium für wesensändernde THS erarbeitet. Vielmehr wird zunächst versucht, das Problem, um das es in der Debatte um THS und personaler Identität geht, besser zu verstehen.

Citizenship education is a complex matter, and not least the place of civic virtues in it. This is illustrated by a consideration of the civic virtue of gratitude. Two conceptions of gratitude are explored. Gratitude seen as a debt is examined and Kant’s exposition of it, including his objections to a person’s getting himself into the position where he has to show gratitude as a beneficiary, is explored. An alternative conception of gratitude as recognition is developed. This, it is claimed, (...) has more relevance to the kind of gratitude it would be appropriate for citizens of a democratic state to feel. The educational implications of these views are indicated. (shrink)

Questions regarding the moral responsibility of Internet accessand service providers relating to information on the Internetcall for a reassessment of the ways in which we think aboutattributing blame, guilt, and duties of reparation andcompensation. They invite us to borrow something similar to theidea of strict liability from the legal sphere and to introduceit in morality and ethical theory. Taking such a category in thedistribution of responsibilities outside the domain of law andintroducing it into ethics, however, is a difficult thing. Doingso (...) seems to conflict with some broadly shared and deeply feltintuitions regarding the individuality of responsibility and therelationship between responsibility and guilt. These convictionscoincide with some basic ideas in Kantian moral theory and theascriptive theory based on these ideas. Nevertheless, theproblems to which the proposed liabilities / responsibilitiesrelate are so serious that they do not seem to leave room foraloofness. At least, they encourage us to reconsider the idea ofstrict liability carefully and to assess its merits. (shrink)

The main purpose of this paper is to put forth the concept of ethics, present ethical theories and, finally, consider some business ethics issues in the context of retailing practices. In the first part of this paper we seek to motivate the research task. The importance of conducting ethical analysis is stressed. In the second part of the paper several ethical theories: utilitarianism, deontology and virtue ethics are presented. This part serves as a basis for research interviews, e.g. it is (...) possible to examine retailers'' opinions about their professional virtues, and try to position these opinions in relation with utilitarianism and deontology. In the third part the empirical findings about the retailing business ethics are set forth. This part suggests that there prevails among retailers some kind of confusion about what are ethical issues and what is not ethical in their daily professional practices. To avoid this confusion four main principles were put forth by the Finnish retailers. The principles were: 1. Freedom versus rules; 2. Principles versus moralizing; 3. Boundaries versus transition; 4. Economy and moral versus subjective judgment. (shrink)

This paper seeks to analyze and to motivate a trend toward virtue ethics and away from deontology in the business ethics account of organizational loyalty. Prevailing authors appeal to “transcendent” values (deontology), skepticism (there is no loyalty), or Aristotelianism (loyalty is seeking mutual self-interest). I argue that the “Aristotelian” view clears up the “egoist” difficulty with loyalty. Briefly, critics feel we must “transcend,” “replace,” “overcome” and most especially sacrifice self-interest on the altar of ethics and loyalty. I argue that few (...) things can be more ethical than loyalty to shared values. When a company and I both pursue the same value X, there becomes no difference between my seeking my best interest and my seeking the best interest of the company (and vice versa). Hence, the way out of the egoist difficulty with loyalty is seeing a company’s interests as my own (Aristotle’s third stage of friendship). (shrink)

In business ethics literature, debate over a special ethics generally has framed examination of the rules governing business. By constructing a dilemma faced by proponents of a special ethics, I argue that this framing is misguided. Proponents must adopt either an insular or a derivative conception. The former, the view that business is insulated from moral rules, is problematic because arguments used to support it force proponents to accept the idea that each aspect of life is insulated from moral rules. (...) This idea, however, renders philosophically insignificant the claim that business has a special ethics. Proponents no longer make a claim about business, but, rather, a relativistic claim about ethics in general. The derivative conception is the view that business is a set of circumstances that bear on the application of moral rules. This, however, is true of each aspect of life, and is simply an application of the principle 'ought implies can'. The result is that there is nothing special about this sense of a special ethics. Despite lacking specialness, however, the derivative conception provides proper framing for examination of the rules governing business. It subjects business to moral rules, but, also, accounts for the challenging circumstances businesspersons face. (shrink)

Communication between medical professionals and patients is an important aspect of therapy and patient satisfaction. Common barriers that get in the way of effective communication in this sphere include: (1) gender, age, and cultural differences; (2) physical or psychological discomfort or pain; (3) medical literacy; and (4) distraction due to technological factors or simply being overworked. The author examines these communicative barriers from a philosophical lens and then utilizes Martin Heidegger’s phenomenology and hermeneutics to provide guidance for medical professional–patient interactions. (...) The phenomenological approach espoused emphasizes the particular, contextual nature of such interactions, and thus is opposed to abstract, theoretical principles. Heidegger’s hermeneutics provides a philosophical approach to communication that may guide the back-and-forth interpretation that should happen between medical professionals and patients to achieve effective communication. (shrink)

When subordinates ask their managers for help with their personal problems, it creates moral dilemmas for their managers. Managers are contractually obliged to maintain equivalent relations between their subordinates and that is compromised when one subordinate makes this kind of request. By applying deontological principles to this dilemma, additional options are revealed, and the moral duties managers owe their subordinates in these situations are clarified.

Voluntary Consensus Standards are commerce-related documents developed by interested volunteers under due-process procedures which ensure that the concerns of all parties are fairly taken into account. Standards are beneficial to society because they promote commerce and lower the costs of and barriers to doing business. Because of this, conformance to a standard can confer significant competitive advantage.Vigorous, democratic competition between ideas leads to a high- quality standard. Some participants in the standards-development process will, against the general interest, attempt to skew (...) a standard to favor a specific product, service, or practice. In order prevent this sort of abuse, rules are written to prevent any common-interest block from overwhelming the general interest. Unfettered debate is fostered by having no rules defining volunteer-member misconduct, eliminating any possibility that a majority will improperly use such rules to silence a minority. This unfortunately permits the rare but not-hypothetical situation where those unscrupulous and determined, or those out of control, are able to engage in obstructionism and misconduct without any possibility of penalty. (shrink)

This article points out how far-reaching the changes in our public life would actually have to be if we wanted to avoid paternalism altogether. For example, the widespread view that only a physician with training at a recognized institution should be allowed to perform surgery or that only an educated lawyer may provide legal council is clearly paternalistic. In fact, many professional regulations, not just in medicine and law, but also in engineering and many other areas of expertise, have a (...) strongly paternalistic function. Moreover, this problem is located in a sphere that is neither clearly private, nor seems to be part of a state-legislated public sphere. Professional organizations are neither governments, nor necessarily democratic, but they are often state-certified and produce binding regulations for issues of public interest. The author bites the bullet and accepts professional paternalism, while insisting that special care should be placed on how to design an appropriate professional code of conduct. (shrink)

The economist Milton Friedman argued that business has only one ethical responsibility: Business has a responsibility to employ all available legal means to increase corporate profits owed to stockholders (Friedman, 1993). In this article, I explore why business students find this argument so attractive. I then argue that, as an account of business ethics, Friedman's legalism is both theoretically and practically unsound. I close with some suggestions as to what would constitute a truly ethical understanding of business practice.

Interest in teaching business ethics classes on college campuses has increased dramatically during the past decade. In the United States, virtually all graduate and undergraduate business programs teach business ethics in some form. While current pedagogy relies primarily on factual recounting of actual workplace incidents and actual and hypothetical case studies, calls for multidisciplinary approaches to teaching business ethics have not yet produced significant pedagogical change. We propose the use of fiction (novels, dramas, and short stories) to enrich current teaching (...) materials. This paper illustrates the tremendous power of stories which deal with ethical dilemmas in business to illuminate moral issues in ways that lead to a clearer understanding of ethical theory. The fiction cited in this paper is all drawn from American literature. It seems likely that similar sources could be found in the literature of other countries. (shrink)

ABSTRACT It is sometimes suggested that academics should subscribe to a special professional ethics. The question then arises under what circumstances a professional ethics is called for. The answer suggested is that this is when the members of a profession have peculiar moral privileges. In the academic's case, these relate to special forms of freedom which academics usually possess, in distinction from other workers. These generate special temptations which a professional ethics would particularly warn against.

The professions have focused considerable attention on developing codes of conduct. Despite their efforts there is considerable controversy regarding the propriety of professional codes of ethics. Many provisions of professional codes seem to exacerbate disputes between the profession and the public rather than providing a framework that satisfies the public''s desire for moral behavior.After examining three professional codes, we divide the provisions of professional codes into those provisions which urge professionals to avoid moral hazard, maintain professional courtesy and serve the (...) public interest. We note that whereas provisions urging the avoidance of moral hazard are uncontroversial, the public is suspicious of provisions protecting professional courtesy. Public interest provisions are controversial when the public and the profession disagree as to what is in the public interest. Based on these observations, we conclude with recommendations regarding the content of professional codes. (shrink)

Sport and game metaphors are ubiquitous in the culture and language of business. As evocative linguistic devices, such metaphors are morally neutral; however, if they are indicative of a deep structure of understanding that filters experience, then they have the potential to be ethically problematic. This article argues that there exists a danger for those who forget or confuse metaphor with definition: the metaphoric fallacy. Accordingly, business is like a game, but it is not the equivalent of a game. If (...) business is equated to a game, then the potentially negative implications for ethical content and the application of ethical theories are numerous. This article suggests a fresh approach to issues of contemporary business ethics discourse, by attending to the business-as-game metaphor. (shrink)

This research, relying on companies continuously listed on the Fortune 500 over a five-year period (n=384), provides an empirical assessment of two hypotheses. Based on 334 violations over the period the results indicate: (1) gross differences in illegal activity based on corporate size, and (2) similar differences in corporate recidivism also based on size. Discussion includes a number of size related dynamics which may account in part for such results.

American discourse in business ethics is steeped in the traditional ethical theories of Western philosophies, specifically the Greek classics, Kant, and the British Utilitarians. These theories may be largely uninterpretable or unacceptable to non-Western populations owing to different traditions, religious beliefs, or cultural histories. As economic boundaries collapse and markets become more global in scope, traditional Western ethical thought may lead to clashes among Western organizations and companies from differing cultural settings. Such clashes could lead to alienation of foreign customers, (...) firms and governments and resultant competitive disadvantage, or to an abandonment of ethical considerations altogether in the struggle to compete internationally. This paper puts forward two general alternatives to Western ethical philosophies as useful frameworks for the analysis of international ethical dilemmas. The first alternative uses new organizational economics, while the second emphasizes role relationships and organizational citizenship. (shrink)