Many companies are now implementing ethics and regulatory compliance programs. The growth of employment of both lawyers and specialist "compliance professionals" to advise on and facilitate implementation of these programs has expanded concomitantly. This paper examines the ethical role that should be played by these advisors. Traditional ways of conceptualising corporate lawyers' ethics are shown to be inadequate because they see the legal advisor as an autonomous adversarial advocate or an independent and aloof counsellor. Instead interviews with compliance practitioners are (...) used to show that a superior conceptualisation of the compliance advisor's role is emerging. Compliance practitioners identify explicitly with business and, at the same time, identify with a broader ethical community of other compliance professionals, regulators and stakeholders in order to play a transformative role within the organisation. This conception recognises the interdependence between compliance advisor and corporate client. (shrink)

A psychologist with a client who is terminally ill and wishes to discuss end-of-life options, specifically the option of hastening death, is faced with an ethical dilemma as to how to proceed with treatment. Specifically, he or she is bound by the American Psychological Association's (2002) potentially conflicting Principles A and E, which advise a psychologist to ?do no harm? as well as ?respect ? self-determination.? In addition, Standard 4 (Privacy and Confidentiality) mandates that a client's personal information is to (...) remain private, unless that client could be in danger of harming himself or herself or others. This article discusses such a nuanced case and provides considerations as well as guidelines for psychologists to effectively navigate through this sensitive and important dilemma. (shrink)

The UK's personal financial services sector has been the site of controversy over alleged professional malpractice. Financial advisers’ status as professionals is in question, and their claim to knowledge and expertise is apparently challenged by an extensive consumer literature on personal finance. This article analyses a corpus of seventeen consumer guides to personal finance and money management published in the UK, together with a range of financial material available on the internet. These guides urge readers to give high priority to (...) their finances, given the irreversible global retreat of the state from welfare provision. They argue that expert professional advice is indispensable. They prepare readers to play their part as clients in mutually profitable collaboration with professional advisers. They offer reassurance about the effectiveness of industry regulation and consumer protection. The guides are reflexively implicated in the promotional culture of personal financial services. They support financial advisers’ claim to professional standing, and contribute to the cultural work of creating a clientele for them. (shrink)

This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers' professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the case (...) now and legal ethics no longer reflects the needs of modern legal practice. This book draws on moral philosophy to present a new model of legal of ethics that explains the analytical process to include ethical advice. It analyses the potential harm of the present model to the legal profession who have duties to the law and justice that may compete with demands by clients to serve them. Further, lawyers' duty to clients to act in their best interests is sometimes not adequately fulfilled as legal ethics does not permit lawyers to give ethical advice even if it may be in clients' best interests to do so. The work includes a detailed case study of corporate law practice to show why a new legal ethics is required. Other case examples are provided to demonstrate that lawyers practicing in all areas of law encounter ethical issues and they too will benefit from a new legal ethics. The book will be essential reading for students, academics, lawyers and professional bodies. (shrink)

A philosophical account of risk, such as this book provides, states what risk is, which attitudes to it are rational, and which acts affecting risks are rational. Attention to the nature of risk reveals two types of risk, first, a chance of a bad event, and, second, an act’s risk in the sense of the volatility of its possible outcomes. The distinction is normatively significant because different general principles of rationality govern attitudes to these two types of risk. Rationality strictly (...) regulates attitudes to the chance of a bad event and is more permissive about attitudes to an act’s risk. Principles of rationality governing attitudes to risk also justify evaluating an act according to its expected utility given that the act’s risk, if any, belongs to every possible outcome of the act. For a rational ideal agent, the expected utilities of the acts available in a decision problem explain the agent’s preferences among the acts. Maximizing expected utility is just following preferences among the acts. This view takes an act’s expected utility, not just as a feature of a representation of preferences among acts, but also as a factor in the explanation of preferences among acts. The view extends to evaluations of combination of acts, either simultaneous or in a sequence. It takes account of an agent’s attitudes to an act’s risk without weakening the standard of expected-utility maximization. The book’s theory of risk also grounds a justification of the risk-return evaluation of investments that finance advances, and a generalized version of this type of evaluation that a professional may use to advise clients about risks and that a government regulatory agency may use to make decisions about risks on behalf of the public. (shrink)

When is it more rational to think for oneself or to defer to the relevant expert? Expertise is either closed-system oriented and lay-person oriented. The first sort is concerned primarily with controlling and manipulating a discipline's defining set of variables as a closed or relatively closed system. The second sort is simply in the business of "advising" clients. I argue that when expert claims are of the first sort, the layperson must defer to the experts; but when experts (...) either extrapolate from their closed-systems, or if they are of the second sort, then the layperson should think for herself. (shrink)

This chapter contains section titled: The Demands of Political Legitimacy The Received View Persons Courts and Persons References Further Reading.

Few areas of health law practice present as many quandaries for the ethical health lawyer as health care fraud and abuse. The activities addressed by the anti-fraud laws – such as payment for referrals and submission of false claims – not only have a direct impact on the financial viability of the federal health care programs, but go to the heart of the ethical behaviors expected of those who transact business with the government. The severe consequences of violating these proscriptions (...) include significant monetary penalties, ineligibility to participate in the federal health care programs, and even imprisonment. It is no wonder, then, that compliance with the fraud and abuse laws is a key consideration in any health care venture. At the same time, ethical considerations make this area of health law particularly vexing for counsel, raising numerous challenges that include how to balance the strategic goals of current clients against the interests of future clients and whether to advise clients to self-report potential violations even when illegal intent may not easily be shown. (shrink)

Consultancy firms inform, advise, implement and mediate in their own interests and in the interests of their clients. We can only guess if their work is also in the interest of the public. There is no critical and systematical assessment of the behavior of consultancy firms. What roles do consultancy firms chose? And what arguments do they use? In the nineties the international consultancy firm Hill & Knowlton took on two assignments that showed a remarkable difference in the required (...) role the firm had to play. In the first role the firm acted as an impartial advocate, in the second role the firm acted as a political agent. An analysis of the argumentation for both roles shows us the familair short-sighted choice for the annual turnover at the cost of internal and external trustworthiness. In this decade consultancy firms will need to develop ethical assessments that meet more professional standards. (shrink)

In this paper, we distinguish between different sorts of assessments of algorithmic systems, describe our process of assessing such systems for ethical risk, and share some key challenges and lessons for future algorithm assessments and audits. Given the distinctive nature and function of a third-party audit, and the uncertain and shifting regulatory landscape, we suggest that second-party assessments are currently the primary mechanisms for analyzing the social impacts of systems that incorporate artificial intelligence. We then discuss two kinds of as-sessments: (...) an ethical risk assessment and a narrower, technical algo-rithmic bias assessment. We explain how the two assessments depend on each other, highlight the importance of situating the algorithm within its particular socio-technical context, and discuss a number of lessons and challenges for algorithm assessments and, potentially, for algorithm audits. The discussion builds on our team’s experience of advising and conducting ethical risk assessments for clients across dif-ferent industries in the last four years. Our main goal is to reflect on the key factors that are potentially ethically relevant in the use of algo-rithms, and draw lessons for the nascent algorithm assessment and audit industry, in the hope of helping all parties minimize the risk of harm from their use. (shrink)

Substance-abusing women are vulnerable to specific kinds of epistemic injustice, including stigmatization and discrimination. This article examines the development of the epistemic agency of female substance abusers by asking: How does the use of a formal discussion protocol in community rehabilitation interaction alleviate epistemic injustice and strengthen the epistemic agency of substance abusers? The data were collected in a Finnish rehabilitation center by videotaping six group discussions between social workers, peer support workers, and rehabilitation clients with substance abuse problems. (...) Of these data, one recorded group discussion between four female participants—two rehabilitation clients, a peer support worker, and a social adviser—was used in this paper. Using conversational analysis, the findings indicate that, through the collaborative activities of sharing experiential knowledge about substance abuse and discussing the experiences of abuse in the rehabilitation interaction, substance abusers can develop novel ways to strengthen their epistemic agency by enhanced self-awareness. The discussion protocol is an epistemic tool that professionals and clients can learn to use in ethically and epistemologically successful ways in interaction. The use of a discussion protocol is an example of social professionals’ clinical knowledge of intensifying collaboration and sharing experiential knowledge in community rehabilitation and other substance abuse services. (shrink)

In this essay I explore the notion of philosophy as a way of life as a recovery pathway for individuals in addiction recovery. My hypothesis is that philosophy as a way of life can be a compelling, and legitimate recovery pathway for individuals in addiction recovery, as one of many recovery pathways. I will focus on logic-based therapy applied in the context of addiction recovery. The aim of presenting a case study is to show how a client receiving LBT is (...) provided with techniques and a worldview that can contribute to a philosophically oriented recovery program. In the case study the client was advised to apply the moral philosophy of Friedrich Nietzsche as an uplifting philosophical framework to counteract his unproductive worldview and fallacious thinking. Considering that there is an ostensibly low efficacy rate for the treatment of addiction, articulating the value of philosophy as a way of life as a recovery pathway provides a conceptual and methodological framework for the development of novel philosophically-based addiction treatment and recovery-oriented programs—thus expanding the treatment and recovery options available for those seeking recovery from addiction. (shrink)

This article examines caller responses to advice on three peer-run social support telephone lines for community mental health clients in the northeastern United States. Straightforward rejection of advice involves reports on past or current activities, known only to the caller, as a way of demonstrating one's competence in thinking up similar options. Straightforward acceptance of advice involves a report on activities the caller might do to adopt the advisable option. The most common responses, minimal acknowledgements, can potentially signify rejection, (...) mere recipiency, and/or acceptance of the advice. Contrary to previous studies, minimal acknowledgements can display hesitant acceptance when subsequently accompanied by descriptions of additional details about a present or future action tied to the advisable option. These methods for accepting and rejecting advice help callers balance their needs for assistance, friendship and autonomy. (shrink)

Global debates in approaches to HIV/AIDS control have recently moved away from a uniformly strong human rights-based focus. Public health utilitarianism has become increasingly important in shaping national and international policies. However, potentially contradictory imperatives may require reconciliation of individual reproductive and other human rights with public health objectives. Current reproductive health guidelines remain largely nonprescriptive on the advisability of pregnancy amongst HIV-positive couples, mainly relying on effective counselling to enable autonomous decision-making by clients. Yet, health care provider values (...) and attitudes may substantially impact on the effectiveness of nonprescriptive guidelines, particularly where social norms and stereotypes regarding childbearing are powerful, and where providers are subjected to dual loyalty pressures, with potentially adverse impacts on rights of service users. Data from a study of user experiences and perceptions of reproductive and HIV/AIDS services are used to illustrate a rights analysis of how reproductive health policy should integrate a rights perspective into the way services engage with HIV-positive persons and their reproductive choices. The analysis draws on recognised tools developed to evaluate health policies for their human rights impacts and on a model developed for health equity research in South Africa to argue for greater recognition of agency on the part of persons affected by HIV/AIDS in the development and content of policies on reproductive choices. We conclude by proposing strategies that are based upon a synergy between human rights and public health approaches to policy on reproductive health choices for persons with HIV/AIDS. (shrink)

I The existence of the legal profession is something most lawyers take for granted. Lawyers of course do many different things, and lead different sorts of lives, but those who make their living in the law tend to assume, without much reflection, that they have a bond or association of some sort with others who do the same and believe they share something important in common with them. It is not at all clear, however, what this common element is, and (...) the great diversity of tasks that lawyers perform – representing litigants, counseling clients, advising legislators, administering government programs, and deciding cases – can easily make one doubt whether the search for a link leads to anything but empty generalities. One may, of course, conclude that the main law jobs, as Karl Llewellyn called them, have nothing important in common, and that the legal profession is only a name for a disconnected collection of pursuits with no substance or reality of its own. This is not, however, a very satisfying view, to lawyers at least, and is likely to provoke the quick reply that what lawyers share in common is after all quite easy to discern. All lawyers, regardless of the nature of their work, possess a general knowledge of the law which they have acquired through a specialized program of instruction; laypersons lack such knowledge and it is this, one might argue, which marks the line between those who are lawyers and those who are not and, thus, defines the scope and nature of the profession. (shrink)

What happens when being a good doctor requires being a bad citizen? What should a doctor do when living up to the requirements of a professional code of ethics or staying true to deeply held personal values requires breaking the law? What should a health care professional do when the appropriate conduct in a particular case is inconsistent with a more generalized principle that has been incorporated into law? Further, what is the role of the ethical health lawyer who advises (...) a health care provider facing such a dilemma?As health care lawyers advising individuals and institutions, is it our job to advise our clients of all the options available to them, and all the potential legal consequences, or is our role simply to keep our clients acting within the law? Are we information providers, policy counselors, risk managers, or some combination of these? (shrink)

Various approaches and methods are used in philosophical counselling. Two main trends can be observed: the first is the use of contemplative methods and the second constitutes approaches based on dialogical critical thinking. The author defends the idea that developing philosophical counselling on the basis of critical thinking presupposes that it is possible for counsellor and client to hold a philosophical dialogue where the relationship is one of expert/lay person. J. Šulavík has described this relationship in greater detail. In the (...) Socratic model, the philosopher and the lay person hold a dialogue whereby they ascertain opinions via inductive comparison and by defining things, creating a shared concept. While the Platonic and Enlightenment models were grounded in the authority of the expert philosopher, in the Socratic and postmodern models, the expert philosopher loses the power to manipulate those who know “less”. Lay people are not passive consumers of a particular “optimal” philosophy but through their own “philosophising” create philosophy and tailor it for themselves. While philosophising, therefore, the philosopher does not take on the role of “producer” of philosophy but of “adviser” (consultant). It is therefore supposed that people have a general need for philosophy and that ultimately they should create and reflect upon their own philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bernard Mandeville and the Therapy of “The Clever Politician”Harold J. CookAs the institutional authority of the learned physicians of Augustan London waned, new threats to the classical foundations of medical practice appeared. 1 Patients had more freedom to chose from a variety of practitioners and practices, giving both consumer demand and the advertising skills of suppliers an even more powerful hand in medical affairs. While the burgeoning medical marketplace (...) developed mostly because of the profound socio-economic and political changes of the late Stuart period, intellectual transformations were at play, too. The new science appeared to encourage empiricism and the development of new remedies based on experimentation, devaluing university education in medical classics, but conversely the new science could strengthen physicians’ claims to superiority over mere patients and practitioners. Medical materialists, for instance, could turn the classical advisor/client relationship into that of an expert contolling a passive recipient (patient) for his or her own good.One contemporary debate that shows the implications of materialism for medical relationships is the theory of the passions. The passions linked mind and body. According to most classical accounts, one could (or should) control the passions by applying reason, resulting in both a virtuous and a healthy life. But according to a strong version of materialism, the mind could not hope to control the passions. A doctor therefore could no longer appeal to patients’ reason; rather, he had to manipulate the patient’s passions for his or her own good. Hence for a materialist, the doctor was not an adviser to the patient but an expert therapist, not a teacher of health and virtue but a “clever politician” who ordered bodily passions. Some versions of the new science, then, favored [End Page 101] the expertise of physicians while undermining older views about learned authority. Such an outlook is clear in the work of Dr. Bernard Mandeville, whose famous Fable of the Bees shows how the “clever politician” played on passions to make the body politic run smoothly. Mandeville held coherent views on politics, economics, moral philosophy, and medicine. Like many doctors of his time, he fought to establish his expertise in the new science. His views are expressed most clearly in the theory of the passions. By examining his discussion of the passions in both his social commentary and his medical dialogues, we can note similarities among his various writings and glimpse one of his fundamental positions on medicine and humanity.The Fable and its CriticsTo many English minds of the early eighteenth century, no one exemplified materialism’s threat better than Dr. Bernard Mandeville. Mandeville’s famous slogan, the subtitle of his Fable of the Bees—“private vices, public benefits”—seemed to epitomize materialism’s inherent immorality. The book seemed to argue that what most people recognized as human vices were the main engines of the collective good. Mandeville’s famous book pictured human nature as animalistic, in which the passions held sway over reason. In Mandeville’s world, it appeared, reason became little more than the ability to rationalize, the instrument of hypocrisy, merely letting people cover their true motives (grounded as they were in the passions) with empty words pretending to more exalted ends.His Fable had begun as a little, anonymous, satirical poem in 1705, titled “The Grumbling Hive: or, Knaves Turn’d Honest.” It began by speaking of “A Spacious Hive well stockt with Bees, / That liv’d in Luxury and Ease.” Many of the bees were knaves, with no calling free of deceit, but while “every Part was full of Vice, / Yet [was] the whole Mass a Paradise; /... Such were the Blessings of that State; / Their Crimes conspir’d to make them Great.” Avarice, prodigality, luxury, pride, envy, vanity, folly, fickleness, and inconstancy employed millions, encouraging ingenuity and industry and creating pleasures and comforts “To such a Height, the very Poor / Liv’d better than the Rich before.” But many of the thriving bees complained, shouting for honesty and virtue. When Jove “rid / The bawling Hive of Fraud,” economic collapse followed, with the consequent end of arts and sciences as well; population declined; the hive’s territory decreased; and the remaining bees toiled long and... (shrink)

Increasing evidence demonstrates that the Aboriginal population experience greater health disparities and receive a lower quality of health care services. The Canadian Nurses Association (CNA) code of ethics states that nurses are required to incorporate culture into all domains of their nursing practice and ethical care. The aim of this article is to examine the concepts of cultural competency and cultural safety by way of relational ethics. To address these disparities in health care, cultural competency training programs are being widely (...) advised. Recent research into cultural safety has not only recognized the importance of culture in nursing practice and organizational structures, but also extended the concepts to the culture of the client. In recognizing this diversity, nurses must pay close attention to their relationships with their clients. It is argued that the answers lie in relational ethics, which honors indigenous people’s connection to self, others, the environment, and the universe. (shrink)

Increasing evidence demonstrates that the Aboriginal population experience greater health disparities and receive a lower quality of health care services. The Canadian Nurses Association (CNA) code of ethics states that nurses are required to incorporate culture into all domains of their nursing practice and ethical care. The aim of this article is to examine the concepts of cultural competency and cultural safety by way of relational ethics. To address these disparities in health care, cultural competency training programs are being widely (...) advised. Recent research into cultural safety has not only recognized the importance of culture in nursing practice and organizational structures, but also extended the concepts to the culture of the client. In recognizing this diversity, nurses must pay close attention to their relationships with their clients. It is argued that the answers lie in relational ethics, which honors indigenous people’s connection to self, others, the environment, and the universe. (shrink)

When the only advice on offer is unhelpful, a potential missionary might need to be advised to seek an alternative. Jesus, we take it, was not building a worldly empire. Christian mission has become associated with colonialism. Dominant advice often pushes Western missionaries to positions of strength. In order to be vulnerable, one needs an alternative to such advice. Economic domination of Africa by the West makes it hard to know when Africa’s people, long engrossed in patron/client relationships, are not (...) talking for power. Use of English to describe Africa leads to massive false imputing of Western histories onto African societies. A little linguistic wisdom exposes the naivety of many contemporary understandings of the acumen of translation. (shrink)

When a health care professional contacts a health care attorney for advice about how to deal with a medical error involving a patient, what is the most ethically appropriate response? Honesty is the best policy; the ethical health lawyer should advise the client to tell the patient the truth. This advice is neither naïve nor impractical, as we will show. More importantly, it is without question the right thing to do for a number of sound reasons. It may not be (...) a natural inclination or an easy task to accomplish; several countervailing factors discourage health professionals from telling patients the truth about medical errors. However, we will argue that resistance to truthful disclosure can and should be overcome by rational arguments that also take into consideration the psychodynamics of the patient-health professional relationship. (shrink)

This paper examines the ethical issues faced by health workers managing a fictional case of a female sex worker who is hepatitis B positive with a high level of virus but is asymptomatic. According to guidelines she does not require treatment herself, but is potentially highly infectious to others. Recent legal cases in the UK show it can be criminal to pass on HIV or hepatitis B infection sexually if the risk is known and the partner has not been informed. (...) However, there is no statute or case law showing that health workers are required to intervene to prevent such a potential ‘crime’, particularly when the partners are unknown, as in this case. The health workers could respond in various ways. They could do nothing, thus making further infection probable. They could advise the sex worker to use condoms and to inform her clients. They could treat the sex worker to reduce her level of infectivity, although there is no benefit to her. They could disclose the sex worker's status, although breaking confidentiality is a serious matter ethically and may be of no benefit to the unknown client group. Regulating prostitution might help; but sex workers with infection may work off licence. This paper discusses the clinical, moral and ethical issues associated with such a scenario and concludes that the most beneficial course is to target clients, through health education, to recognise the potential risks of infection from a sex worker and to take suitable precautions including immunisation against hepatitis B. (shrink)

Professor Mitt Regan takes up Brad Wendel's suggestion that we have to distinguish the ethics of advocates from those which guide other forms of legal work, and proposes that the distinction be taken further. Legal advising can itself implicate different ethical positions. Regan concentrates on tax advisers, and argues that their work can, at times, legitimately require a partisan advocate's stance in the giving of tax advice or an impartial trustee's stance in ensuring that the spirit, as well as (...) the letter, of tax law is honoured. Especially in the US, there are strong systemic justifications for treating the tax adviser as an advocate: the wide latitude that tax law gives the citizen when calculating tax liability, the hazards of accurate interpretation of the tax code, and the need for predictability in client arrangements suggesting that it is preferable to concentrate strictly on the letter of the law. So too, the tax adviser as trustee is informed by the importance of tax collection for ordinary government services, and by 'tax morale' and the community's confidence in the tax system generally. The bifurcation of ethical stances in tax advising is, as a consequence, a function of the 'conflicted regulation' of citizen taxpayers. (shrink)

Most discussions of fiduciary duty focus on medical decision-making, but that is not the only context in which the concept is important. Investment advisers have fiduciary duties to their clients: in this essay, we address those duties. Many advisers refuse to help their clients with ‘socially responsible’ investment plans, for a variety of reasons, among which are fiduciary concerns. We argue that the reasons generally given not to pursue a religious, environmental, or social investment strategy are mistaken, and, (...) most importantly, that an investment adviser’s fiduciary duties may be met while providing such alternatives to clients. (shrink)

This case study attempts to frame the ethical considerations between hiring a known smoker over a non-smoker in today’s cultural climate. Referenced data from a parallel project gauging the likelihood of Human Resources representatives to hire smokers and accommodate them in the workforce could help manage the response and critical thinking components of the case scenario. Questions also arise as to whether it is advisable for employers to take particular attitudes toward smoking in the workplace. This is not only in (...) the interest of the health of employees, customers and clients, but is also on the basis of a concern that employers may otherwise expose themselves to lawsuits where employees may, on the basis of illness contracted due to a smoking environment supported by an employer, sue for the costs of care and income. (shrink)

We argue that logical expressions in human language enable speakers to perform particular acts as well as stating propositions which may be true or false. We present a conversational action planning model of co-ordinated reasoning, which we use to predict choice of logical expressions in situations in which two people co-operate in the face of risk and uncertainty. We first show how this model predicts preferences for formulations of conditional directives where a principal instructs an agent on how to behave (...) in a hypothetical situation. Second, we show how this model accounts for choices of quantity and probability expressions that express risk, in situations where a professional advises a client on her options. We conclude that the pragmatic signals encoded in human logical vocabulary can facilitate the co-ordination of social interaction through aiding mutual recognition of intentions on joint projects where collaboration is likely to create value. (shrink)

Urban gaming simulation appeared in American universities in the early 1960s, following the successful applications of gaming simulations in military and financial fields, when urban structures were in crisis. This guest column, by a philosopher who has speculated about philosophy and other cultural endeavors as forms of play, points out conceptual traps that specialists in UGS should avoid and decisions they ought to consider making. In particular, the author warns against making too much of the distinction between “games” and “play” (...) and advises UGS practitioners to conceive of their own activity as playful and exploratory. He argues that practitioners should approach clients not as “professionals” but rather as people with experience acquired from much play, on many different terrains. The essay concludes by suggesting that professionals in all fields—scientific and otherwise—ought to see themselves in much the same way. (shrink)

This article joins a somewhat nascent, but growing, body of scholarship addressing the ethical obligation to pay tax. The analysis is grounded to the ethical duty to obey law generally and highlights two competing orientations to statutory interpretation. The norms of self-interested advocacy suggest that tax planners should assert that interpretation that will generate the most wealth for the client. The norms of professional advising, by contrast, direct the tax planner to interpret tax law with reference to plain meaning, (...) interpretive maxims, court precedents, and legislative purpose. When the two orientations differ, the ethical duty to obey law requires the tax planner to recommend, and for the taxpayer to follow, the latter view. Case studies drawn from a Louisiana sales tax avoidance scheme and from Google’s profit-shifting activities illustrate the ethical issues incumbent in tax interpretation. (shrink)

Because psychotherapists are not moral teachers, they ought not to advise their clients about evaluative questions. This means that their advice must be limited to a concern with the client''s view of reality. It happens that in our times, there are prefabricated views of reality on offer from a variety of ideologies-Marxism and feminism being currently the most influential. Ideologists not only offer prefabricated realities-called consciousness- but also present a set of arguments to show that because choice is unreal, (...) consciousness is all that matters. Adopting the ideological concept of consciousness thus becomes a backdoor variant of the ultimate sin against scientific method: namely smuggling unsubstantiated, indeed undiscussed, values into therapy. (shrink)

A classic avenue that victims can take to hold a corporation to account and obtain redress for the harms they have suffered is civil litigation. In the past decades, such attempts have been pursued against corporations in the tobacco industry, the pharmaceutical industry, the asbestos industry or industries working with asbestos and, more recently, the extractive industries. However, it is notoriously difficult for victims whose rights have been violated by corporations to obtain effective redress in civil procedures. A rich body (...) of burgeoning scholarly literature and policy documents has addressed the extent to which systematic and institutional factors are obstacles to victims seeking justice for corporate misconduct. In this article, we will not focus on these systemic and institutional factors but on the role of corporate defence lawyers as their functioning also impacts the capacity of victims of corporate wrongdoing to effectuate their rights. We will address the question of what can be expected from a legal-ethical point of view from corporate defence lawyers advising and representing their corporate clients in large-scale civil liability cases. As a partial answer, we will develop a critique of amoral lawyering as a working philosophy in this context. In addition, we will touch upon the feasibility of a possible alternative. (shrink)

Knowledge Information Systems (KIS) institutions must receive strong and focused external pressure to function synergetically over sustained periods. This external pressure should be exercised by other elements in the system. Without such pressure, institutions and personnel act to fulfill their own social and political needs more than those of their clients, and their effectiveness is inevitably reduced. This article is concerned with the “moving forces” that instill public agricultural knowledge systems with particular dynamics. The article's objectives are to predict (...) under what circumstances external pressures will occur and their likely outcomes, and to advise KIS managers on how they can be managed. The first section reviews the evolution of the concept of external pressure as a moving force in the dynamics of technology systems. The next four sections examine the roles of policy makers, foreign agencies, farmers, and the private sector, respectively, in pressuring KIS institutions. The sixth section explores how institutions behave without external pressure. A final section looks at what all this implies for KIS managers' “room to maneuver.”. (shrink)

Publication date: 15 October 2018 Source: Author: Ehiosun O. Marvel NHIS was launched officially on 6th of June 2005. The Scheme is designed to provide comprehensive health care at affordable costs, covering employees of the formal sector, self-employed, as well as rural communities, the poor and the vulnerable groups. However, client satisfaction of services rendered continues to be a major concern for the improvement of NHIS. This study is designed to determine the level and causes of dissatisfaction of clients (...) accessing NHIS clinic at the Kubwa General Hospital, Kubwa, FCT, Abuja. This study employed a descriptive cross sectional survey. 279 NHIS enrollees were recruited for this study at the Kubwa General Hospital. Questionnaires were administered and the level of dissatisfaction and satisfaction of NHIS services were analyzed. The satisfaction rate was 69.2% while the dissatisfaction rate was 22.9%. The respondents were satisfied with the attitude of health workers in NHIS clinic, Kubwa. However, they were dissatisfied with waiting time, attitude of record officers and those in pharmacy department. This study found that the level of dissatisfaction with NHIS services is high despite a high satisfaction level. The Attitude of health workers may influence the dissatisfaction of enrollees. NHIS is still limited to the formal sector. (shrink)

Internet based process control usage has grown in the past years. Industry field demands were behind this, and it ranges from factory, office and home automation to tasks simplifications and cost reduction. In this book a hardware interface circuit and a software system used to control the temperature and level of a liquid tank is described. The advantage of the designed interface circuit is its simplicity and low cost. The same can be true for the software system in which we (...) used C and Java programs to accomplish the communication. Both C and Java can be obtained freely and the development cost could be small. C language has been used to communicate with the designed interface circuit due to its strength in low level operations and communication with ports and hardware. In Java we have used mainly the Servlet for communication between the Client and the Server, which is a new approach and more reliable approach than the CGI based method that has common problems of speed and data persistence. This book is useful for people and researchers working in the field of control, remote access and computer based control. (shrink)

This book focuses on the client issues which are now becoming an integral part of the work of all practising solicitors. It focuses on the pro-active way that will enable the practising solicitor. as well as the new entrant to the profession. to learn and apply techniques and work practices that will help to ensure that the needs and perceptions of clients are satisfied regularly and systematically. This is set out in simple. practical and realistic stages throughout the book. (...) The author suggests that solicitors and law firms adopt a new and exciting strategy which focuses everyone in the firm. from senior partner to office junior. on meeting and exceeding client expectations. (shrink)

Background: Enhancing client autonomy requires close coordination of interactional practices between nurse and client, which can cause challenges when interaction takes place in video-mediated settings. While video-mediated services have become more common, it remains unclear how they shape client autonomy in telehomecare. Research aim: To analyse how video mediation shapes client autonomy when nurses guide medicine taking remotely through video-mediated home care. Research design: This is a conversation analytic case study using video recordings of telehomecare encounters. The theoretical approach draws (...) on ethnomethodology and empirical ethics. Participants and research context: Four home-dwelling older adults and three nurses participated in the data collection; data extracts include one client and two nurses. The study was conducted in Finland. Ethical considerations: Special attention was given to protect the rights of home care clients. An ethical statement for the study was given by the Ethics Committee of the Tampere Region Findings: Video mediation complicates interacting remotely with care-relevant artefacts because of nurses’ limited visual access to the medicine and client’s need to simultaneously engage in vocal interaction and medicine taking. This can be overcome by dividing the guidance into manageable steps which invite the client to explicate their readiness to take the medicine and situating the video-mediation equipment and medicine close together. Different interactional practices and ways of situating video-mediation equipment and medicine have consequences for client autonomy. Discussion: Understanding client autonomy in digitalised settings demands empirical examination that recognises the importance of different human and non-human aspects of care that shape client autonomy. Conclusions: To harness the benefits of video-mediated home care, communication technologies’ reliance on home space and interactional practices should be recognised. Empirical ethics research is needed in order to make normative suggestions that fit a wide variety of care situation. (shrink)

‘Client involvement’ has been a mantra within health policies, education curricula and healthcare institutions over many years, yet very little is known about how ‘client involvement’ is practised in home‐care services. The aim of this article is to analyse ‘client involvement’ in practise seen from the positions of healthcare professionals, an elderly person and his relative in a home‐care setting. A sociologically inspired single case study was conducted, consisting of three weeks of observations and interviews. The study has a focus (...) on the relational aspects of home care and the structural, political and administrative frames that rule home‐ care practice. Client involvement is shown within four constructed analytical categories: ‘Structural conditions of providing and receiving home care’; ‘Client involvement inside the home: performing a professional task and living an everyday life’; ‘Client involvement outside the home: liberal business and mutual goal setting’; and ‘Converting a home to a working place: refurnishing a life’. The meaning of involvement is depending on which position it is viewed from. On the basis of this analysis, we raise the question of the extent to which involvement of the client in public home‐care practice remains limited. (shrink)

Thirty-five current therapy clients, 47 former clients, and 42 college students with no therapy experience rated 27 items in terms of importance for inclusion in informed consent discussions. The current and former client samples rated information about inappropriate therapeutic techniques, confidentiality, and the risks of alternative treatments as most important, and information about the personal characteristics of the therapist and the therapist's degree as least important. The results of this study provide evidence for differential informed consent disclosure practices.

Contemporary virtue ethics was revolutionized by Alasdair MacIntyre’s reconfiguration using practices as the starting point for understanding virtues. However, MacIntyre has very pointedly excluded the professions of the financial world from the reformulation. He does not count these professions as practices, and further charges that virtue would actually hinder or even rule out one’s pursuit of these professions. This paper addresses three tasks, in regard to the financial profession of investment advising. First, the paper lays out MacIntyre’s soon-to-be-published charges (...) against the investment world, as specified to this profession. Second, it sets forth the role function of investment advising and shows that it does possess internal goods—the crucial aspect of practices disputed by MacIntyre in this case—including goods of production and goods of performance. Third, it demonstrates that this function, and the goods tied to it, cannot be achieved apart from the virtuous pursuit of the profession, thereby showing that MacIntyre’s charges are mistaken. Investment advising is shown to be a virtue-based practice, and the groundwork is laid for showing that other financial professions are so, as well. (shrink)

How can you give your interlocutor a reason to act? One way is by manipulating his deliberative context through threats, flattery, or other incentives. Another is by addressing him in the way distinctive of reasoning with him. I aim to account for the possibility of this non-manipulative form of address by showing how it is realized through the performance of a specific illocutionary act, that of advising as inviting to trust. I argue that exercise of a capacity for reasonable (...) trust can give us reasons that are not grounded in our motivational susceptibilities. Here I echo Kant on moral motivation. But this rational faculty assesses not principles but persons. Here I echo Hume on the moral virtues. We can thus agree with Kant about the motivational efficacy of practical reasons dispensed through advice but agree with Hume about the form of intelligence needed to put ourselves in touch with them. (shrink)

Intermediaries are social agents who can be found in all types of different environments, cultures, and organizations. More often than enough, intermediaries are middlepersons between two power centers, yet their agency is precarious due to their position as brokers who gain from bridging otherwise unconnected parties, or marginalized vulnerable individuals who suffer from the invasion of the neighboring power holders. How can these two different perspectives of the intermediaries be reconciled? Under what conditions do they shift from one type of (...) agency to another? Previous scholarship attributes the agency of intermediaries to static positionality. This paper treats the position of the intermediary as an opportunity structure, which is shaped by multi-level relational dynamics. We show the changing agency of three intermediary tribal groups (i.e. the Tibetans in northwestern China, Uriyangqad Mongols, and Jurchens) who were situated between the sedentary Chinese and nomadic Mongols during the Ming dynasty (1368–1644) through a systematic study with horse trade data. The group-based and officially-regulated horse trade constituted the most important linkage between the intermediaries and these two power centers. We study the changes in the dynamics of their contact during trade, and explain why these intermediaries became client, client to two patrons, and broker in their trade with the Chinese and Mongols in different eras. We argue that the position of the intermediaries did not provide definite advantages for their exploitation, nor did it paralyze them with any concrete disadvantages. Rather, their position offered them unpredictable opportunities that arose from their relational dynamics with the power centers. Moreover, the self-serving and local interests of the intermediaries, and the strategies and tactics that they used, determined their capacity to respond to emerging and unpredictable opportunities and capitalize on them. (shrink)

Moral case deliberation (MCD) is a form of clinical ethics support in which the ethicist as facilitator aims at supporting professionals with a structured moral inquiry into their moral issues from practice. Cases often affect clients, however, their inclusion in MCD is not common. Client participation often raises questions concerning conditions for equal collaboration and good dialogue. Despite these questions, there is little empirical research regarding client participation in clinical ethics support in general and in MCD in particular. This (...) article aims at describing the experiences and processes of two MCD groups with client participation in a mental healthcare institution. A responsive evaluation was conducted examining stakeholders’ issues concerning client participation. Findings demonstrate that participation initially creates uneasiness. As routine builds up and client participants meet certain criteria, both clients and professionals start thinking beyond ‘us-them’ distinctions, and become more equal partners in dialogue. Still, sentiments of distrust and feelings of not being safe may reoccur. Client participation in MCD thus requires continuous reflection and alertness on relational dynamics and the quality of and conditions for dialogue. Participation puts the essentials of MCD (i.e., dialogue) to the test. Yet, the methodology and features of MCD offer an appropriate platform to introduce client participation in healthcare institutions. (shrink)

An explicit linking of the minutiae of everyday parenting practices and the good of society as a whole has been a feature of government policy. The state has taken responsibility for instilling the right parenting skills to deal with what is said to be the societal fall-out of contemporary and family change. ?Knowledge? about parenting is seen as a resource that parents must access in order to fulfil their moral duty as good parents. In this policy portrait, caring for children (...) is posed as a classless and gender-neutral activity. A key theme of this article is that parents from different social class groups are positioned and understand themselves in quite distinct ways in relation to parenting skills advice and expert intervention into their family and home lives. We take a ?relational? perspective to show how mothers and fathers from different social class groups see themselves, and are located by policy and practice, as clients or consumers, and as commonplace or pioneers, in relation to parenting support for themselves and the education system for their children. We identify the lived gendered and classed disparities of power, and associated moral worth, attached to particular parenting practices. (shrink)

Psychotherapy clients read two consumer-oriented brochures: a general brochure on psychology and a brochure on the topic of client-therapist intimacy. Half of the participants read the general brochure first and the brochure on client-therapist intimacy second, and half the participants did the reverse. Participants reported favorable reactions to the brochures, indicating they thought both should be made available to psychotherapy clients; that neither were too long, too sensitive, or too difficult to read; and that the brochures should be (...) made available early during the therapeutic process. After reading the client-therapist intimacy brochure, participants also showed some changes in Likert-type scores measuring attitudes regarding intimate contact between clients and therapists. Although participants were more negative about issues of sexual misconduct after reading the client-therapist intimacy brochure, they did not indicate a decrease in trust of therapists, nor did they indicate a greater likelihood of filing a false complaint. We concluded that therapists' reservations about presenting clients with factual information regarding therapist sexual exploitation of clients are not empirically founded. (shrink)

Public professionals do not only serve their clients but also – by doing so – the public at large. The state often has a direct grip on their work, through financing, regulation or otherwise. This leads to a deeply felt conflict in contexts where authoritarian, illiberal leadership is widespread. Public professionals then face a moral dilemma: should they resist illiberal pressures by the state, or continue to obey their states? The paper's main question is how this practical dilemma for (...) public professionals should be interpreted. First, it presents a framework to interpret the professional situation, characterising it as a fiduciary relation, which we can understand through the lens of Thomas Hobbes's theory of authorisation/representation. On this theoretical basis, the paper discusses three competing models for understanding the public professional's predicament. The teleological model revolves around loyalty to one's clients. The conscientious professional model which is about loyalty to one's own moral convictions. The constitutional model is about loyalty to constitutional principles. The paper argues in favour of the constitutional model. Standing up against illiberal pressures is best interpreted as a matter of loyalty to the principles of constitutionality that underly the fiduciary relation between citizens and their states. (shrink)

Political advertising has long been a target for criticism regarding unethical behaviour. This study looks at the attitudes of Australian advertising agency executives and politicians towards ethical issues relating to political advertising. A sample of 101 advertising agency executives and 46 federal politicians were compared and some attitudinal differences were found, which could be areas of tension in the agency-client relationship.

Hawley introduced the idea of the client's perspective on knowledge, which she used to illuminate knowing-how and cases of epistemic injustice involving knowing-how. In this paper, I explore how Hawley's idea might be used to illuminate not only knowing-how, but other forms of knowledge that, like knowing-how, are often claimed to be distinct from mere knowing-that, focusing on the case studies of moral understanding and ‘what it is like’-knowledge.