The relationship between dementia and criminal behavior perplexes legal and health care systems. Dementia is a progressive clinical syndrome defined by impairment in at least two cognitive domains that interferes with one's activities of daily. Dementia symptoms have been associated with behaviors that violate social norms and constitute criminal actions. A failure to address a gap in policies that support appropriate management of individuals with dementia reflects a failure in our social obligation to care for those who (...) are most vulnerable amongst us. Categorical protections, informed by precedent models applied to juveniles and individuals with psychiatric illness, could help meet a social obligation to provide protections to individuals with dementia. We propose an approach that integrates affirmative defenses to mitigate criminal liability and sentencing restrictions to prevent cruel and unusual punishment. (shrink)

The hermeneutic turn of philosophy, initiated by Dilthey and Heidegger, led to a reevaluation of understanding of the classical disciplines of philosophy, from ontology and epistemology to aesthetics and ethics. The cognitive importance of these disciplines have been relativized to the cultural conditions in which they operate. With regard to ethics, it does not lead to the creation of some new "hermeneutic ethics," but to the hermeneutic approach to ethics which underlines the value of existing morality and reduces the pretensions (...) of philosophical ethics to universal validity. This book presents it on the ground of a solid and innovatory analysis of ethical considerations of Schleiermacher, Nietzsche, Dilthey, Heidegger, Gadamer, Ricoeur, and Guenter Abel. (Series: Philosophy: Research and Science / Philosophie: Forschung und Wissenschaft, Vol. 46) [Subject: Philosophy, Religious Studies, Ethics]. (shrink)

Many governments are failing to act sufficiently strongly on climate change. Given this, what should motivated affluent individuals in high-consumption societies do? This paper argues that social norms are a particularly valuable target for individual climate action. Within norm-promotion, the paper makes the case for a focus on anti-fossil fuel norms specifically. Section 1 outlines gaps in the existing literature on individuals’ climate change obligations. Section 2 characterises social norms. Section 3 provides seven reasons why social norms (...) are a particularly worthy target for individual climate actors. Section 4 asks which social norms individuals should emphasise, arguing that anti-fossil fuel norms have advantages over emissions reduction and offsetting norms. Section 5 outlines the pathways and mechanisms individuals might exploit to promote anti-fossil fuel norms. (shrink)

This paper takes a unique approach to framing the political obligation social media companies like Twitter and Facebook have in a democratic society by casting the public sphere as a common-pool resource. Over the last decade or so much of our civic discourse has moved to social media platforms such as Facebook and Twitter. This paper argues that just as citizens have an obligation to one another, social media companies have an obligation to promote (...) agonistic forms of civic, political discourse through their algorithms. This algorithmic obligation that social media companies have must be reconciled with social media companies’ formulation of their fiduciary shareholder obligations. We posit that a commons based view of social media discourse allows these companies to make both a democratic health and fiduciary interest argument. (shrink)

Discovering obligations that are ascribed to them by others is potentially an important element in the development of the moral imagination of engineers. Moral imagination cannot reasonably be developed by contemplating oneself and one’s task alone: there must be some element of discovering the expectations of people one could put at risk. In practice it may be impossible to meet ascribed obligations if they are completely general and allow no exceptions — for example if they demand an unlimited duty to (...) avoid harm. But they can still serve to modify engineers’ prior ethics, for example by limiting a purely utilitarian approach to deciding who should bear risk and how much risk they should bear. Ascribed obligations can also give engineers insight into the public reaction to risks that arise from engineered systems, and the consequent expectations that the public have about how much protection is desirable and where the responsibility for this protection lies. This article analyses the case for taking ascribed obligations seriously, and reviews some of the obligations that have been ascribed in the aftermath of recent engineering failures. It also proposes ways in which ascribed obligations could be used in engineers’ moral development. (shrink)

It has long been taken for granted that clinical research involving human subjects is ethical only if it holds out the prospect of producing socially valuable knowledge. Recently, this social value requirement has come under scrutiny, with prominent ethicists arguing that the social value requirement cannot be substantiated as an ethical limit on clinical research, and others attempting to offer new support. In this paper, I argue that both criticisms and existing defenses of the social value requirement (...) are predicated on what I call the “transactional model of stakeholder obligations”. I go on to problematize this framework, and to introduce an alternative framework for conceptualizing ethical obligations within clinical research. In defending this framework, which I call the “basic structure model of stakeholder obligations”, I also demonstrate how it provides a stronger grounding for the social value requirement that is not vulnerable to critiques grounded in the transactional model. (shrink)

We propose that corporations should be subject to a legal obligation to identify and internalise their social costs or negative externalities. Our proposal reframes corporate social responsibility as obligated internalisation of social costs, and relies on reflexive governance through mandated hybrid fora. We argue that our approach advances theory, as well as practice and policy, by building on and going beyond prior attempts to address social costs, such as prescriptive government regulation, Coasian bargaining and political (...) CSR. (shrink)

According to prominent bioethics scholars and international guidelines, researchers and sponsors have obligations to ensure that the products of their research are reasonably available to research participants and their communities. In other words, the claim is that research is unethical unless it has local social value. In this article, we argue that the existing conception of reasonable availability should be replaced with a social value obligation that extends to the global poor. To the extent the social (...) value requirement has been understood as geographically constrained to the communities that host research and the countries that can afford the products of research, it has neglected to include the global poor as members of the relevant society. We argue that a new conception of social value obligations is needed for two reasons. First, duties of global beneficence give reason for researchers, sponsors, and institutions to take steps to make their products more widely accessible. Second, public commitments made by many institutions acknowledge and engender responsibilities to make the products of research more accessible to the global poor. Future research is needed to help researchers and sponsors discharge these obligations in ways that unlock their full potential. (shrink)

Although sociologists conceive obligation as an objective force that compels individuals to act and think according to pre-defined norms of conduct and ways of reasoning, philosophers view it as an imperative that is met through the agent’s deliberation. The aim of this article is to undermine the standard dichotomy between the deterministically sociological and the moral–philosophical views of obligation by way of contending that Wittgenstein’s view on blind obedience bears a conception of the social. I will then (...) argue that Wittgenstein’s notion of forms of life and the sociological notion of situation refer to the same encompassing phenomenon: obligation. I will finally claim that this phenomenon should be re-specified in terms of impersonality to devise a shared dynamic conception of obligation admitting that a plurality of contextual normative orders monitor collective and individual action in ordinary life. (shrink)

John Horton has argued for an associative theory of political obligation in which such obligation is seen as a concomitant of membership of a particular polity, where a polity provides the generic goods of order and security. Accompanying these substantive claims is a methodological thesis about the centrality of the phenomenology of ordinary moral consciousness to our understanding of the problem of political obligation. The phenomenological strategy seems modest but in some way it is far-reaching promising to (...) dissolve some long-standing problems of political theory. However, it fails at just the point at which a theory of political obligation is needed, namely when individuals question the grounds of their political obligation. A principle of obligation is needed to provide individuals with a reason for compliance with authoritative social rules when the exercise of that obligation is irksome. It is at this point that we need to invoke the idea of society as an implicit social contract, in which obligations are seen as stemming from those terms that it would be in the interests of individuals to agree in a social contract. This is consistent with the method of reflective equilibrium. (shrink)

The two justificatory roles of the social contract are establishing whether or not a state is legitimate simpliciter and establishing whether any particular individual is politically obligated to obey the dictates of its governing institutions. Rawls's theory is obviously designed to address the first role but less obviously the other. Rawls does offer a duty-based theory of political obligation that has been criticized by neo-Lockean A. John Simmons. I assess Simmons's criticisms and the possible responses that could be (...) made to them, including those offered by Samuel Freeman. I conclude they rest on a Rawlsian equivocation and ultimately fail. (shrink)

Scientists’ sense of social responsibility is particularly relevant for emerging technologies. Since a regulatory vacuum can sometimes occur in the early stages of these technologies, individual scientists’ social responsibility might be one of the most significant checks on the risks and negative consequences of this scientific research. In this article, we analyze data from a 2011 mail survey of leading U.S. nanoscientists to explore their perceptions the regarding social and ethical responsibilities for their nanotechnology research. Our analyses (...) show that leading U.S. nanoscientists express a moderate level of social responsibility about their research. Yet, they have a strong sense of ethical obligation to protect laboratory workers from unhealthy exposure to nanomaterials. We also find that there are significant differences in scientists’ sense of social and ethical responsibility depending on their demographic characteristics, job affiliation, attention to media content, risk perceptions and benefit perceptions. We conclude with some implications for future research. (shrink)

The contemporary political philosopher John Rawls considers himself to be part of the social contract tradition of John Locke, Jean-Jacques Rousseau and Immanuel Kant, but not of the tradition of Locke's predecessor, Thomas Hobbes. Call the Hobbesian tradition interest-based, and the Lockean tradition right-based, because it assumes that there are irreducible moral facts which the social contract can assume. The primary purpose of Locke's social contract is to justify the authority of the state over its citizens despite (...) the fact that those citizens are naturally free and equal. I assume that this task is of central importance to all right-based social contract theories: in chapter one I lay out the general problems faced by all contract theories, and in chapter two, three and four I examine in depth the accounts of political obligation offered by Locke, Rousseau, and Rawls. I conclude that all members of the right-based social contract tradition fail to provide an account of obligation that can explain the bond between a citizen and her state. (shrink)

'. . . this book will be valuable to upper-division and graduate students interested in the validity of SC theories.'-PERSPECTIVES ON POLITICAL SCIENCE.

Members of some social groups hold other members to have special obligations in virtue of their membership. But is this justified? And if so, how? I argue that there is a deep connection between the structure of certain social groups and some special obligations. The issue, then, is to determine how one might have obligations in virtue of one's membership in a particular group. In this dissertation I argue that groups capable of collective action have, as elements of (...) their structure, interpersonal relations that generate commitments and these commitments, in turn, constitute special obligations. ;I begin by arguing that groups capable of collective action must be able to coordinate or monitor the coordination of the members, and to do so within certain normative constraints. To coordinate members according to these constraints, groups must implement some form of decision procedure, a scheme by which the intentions and actions of individual members of a group are coordinated toward some collective purpose or goal. This coordination requires that in groups capable of collective action, there must be some authority system by which the members are coordinated. This authority system must be able to authorize the implementation of norms through members' practices, endorsements, or sanctions, and to adjudicate conflicts that might arise between constraints. I argue that these authority systems may be largely tacit. ;Members of groups capable of collective action do not, however, acquire obligations because of their commitments to the group per se. Rather, members of such groups acquire obligations because of the nature of the relationships they cannot help but form with one another. Their obligations form because of the commitments they have to one another in virtue of being a part of a group capable of collective action. While these obligations may not constitute all-things-considered normative requirements, they do constitute normative considerations that members of groups need to acknowledge when they determine what they ought or ought not to do. I conclude that insofar as a group is capable of collective action, members of those groups have at least these limited obligations toward one another. (shrink)

Rights and obligations—sometimes referred to as deontology or deontic powers—are key to most contemporary conceptions of social ontology. Both Cambridge Social Ontology and the dominant analytic conception associated, most prominently, with John Searle, place rights and obligations at the centre of their accounts. Such a common emphasis has led some to consider deontology to be a point of similarity between these different theories. This is a mistake. In this paper, I show that a distinctive conception of rights and (...) obligations underpins Cambridge Social Ontology and its social positioning theory. Moreover, I argue that a fuller understanding of the account of rights and obligations defended in Cambridge in fact reveals that it can be differentiated from other conceptions and, most importantly, Searle's, by its recognition that a practical dimension is always involved in social constitution. (shrink)

SOCREAL 2010: 2nd International Workshop on Philosophy and Ethics of Social Reality. Sapporo, Japan, 2010-03-27/28. Session 4: Argumentations and Speech Acts.

This paper has two aims. First, it raises the issue whether and how contractarian political theory can justify political obligations toward some particular political authority. Second, it attempts to draw some brief conclusion from this regarding the prospect of Europe as a political community. The paper argues that there is a common assumption to almost all contemporary versions of contractarian political theory which must be dropped in order to make room for the contractarian justification of such obligations. The assumption of (...) mutual unconcern seems to make it impossible for such theories to rationally justify particular obligations towards a particular political authority. I suggest that this limitation can be theoretically overcome. But I also suggest that the feeling of mutual concern of citizens towards each other is a necessary condition of their rationally justifiable obligations towards the decisions of a political authority. The development of this social emotion is a precondition of Europe as a political community. (shrink)

L’entreprenariat social nous engage dans deux formes de responsabilité, l’une obligataire, qui ressortit au registre juridique et moral, l’autre mondaine ou cosmologique, qui ressortit au registre de l’action et de la création. La pratique entrepreneuriale en tant que telle honore prioritairement la responsabilité cosmologique, tandis que la dimension sociale de cette pratique réfère, quant à elle, au caractère obligataire. Dans cet article, nous proposons de revenir sur la généalogie de ces deux acceptions fondamentales de la responsabilité, qui ont trouvé (...) dans le kantisme à la fois leur lieu de formulation philosophique et leur point de bifurcation, mais aussi de dégager la portée et les limites de leur dialectisation dans l’activité sociale-entrepreneuriale aujourd’hui. Nous montrons que la première convoque en son sein plusieurs traditions de philosophie morale impliquant différentes extensions du concept, ce qui oblige à nous interroger sur sa propre opérabilité. La seconde, que nous aurons à cœur d’illustrer en rapportant certains discours d’entrepreneurs, a été davantage honorée à l’époque contemporaine par les approches phénoménologiques et de philosophie de l’action de tendance analytique. Nous terminons en envisageant la possibilité pour l’entrepreneur social de s’extraire de cet atermoiement entre deux formes de responsabilité dans le contexte actuel, naguère anticipé par Hans Jonas et dont témoignent aujourd’hui le succès des thèmes de l’écologie politique et du développement durable, opérant ainsi un renversement du rapport de l’action humaine à la peur de l’avenir – peur à laquelle s’est substituée au fil du temps la projection raisonnée d’un futur malheureux, toutes choses égales ailleurs. Classification JEL : M13, M14. (shrink)

L’entreprenariat social nous engage dans deux formes de responsabilité, l’une obligataire, qui ressortit au registre juridique et moral, l’autre mondaine ou cosmologique, qui ressortit au registre de l’action et de la création. La pratique entrepreneuriale en tant que telle honore prioritairement la responsabilité cosmologique, tandis que la dimension sociale de cette pratique réfère, quant à elle, au caractère obligataire. Dans cet article, nous proposons de revenir sur la généalogie de ces deux acceptions fondamentales de la responsabilité, qui ont trouvé (...) dans le kantisme à la fois leur lieu de formulation philosophique et leur point de bifurcation, mais aussi de dégager la portée et les limites de leur dialectisation dans l’activité sociale-entrepreneuriale aujourd’hui. Nous montrons que la première convoque en son sein plusieurs traditions de philosophie morale impliquant différentes extensions du concept, ce qui oblige à nous interroger sur sa propre opérabilité. La seconde, que nous aurons à cœur d’illustrer en rapportant certains discours d’entrepreneurs, a été davantage honorée à l’époque contemporaine par les approches phénoménologiques et de philosophie de l’action de tendance analytique. Nous terminons en envisageant la possibilité pour l’entrepreneur social de s’extraire de cet atermoiement entre deux formes de responsabilité dans le contexte actuel, naguère anticipé par Hans Jonas et dont témoignent aujourd’hui le succès des thèmes de l’écologie politique et du développement durable, opérant ainsi un renversement du rapport de l’action humaine à la peur de l’avenir – peur à laquelle s’est substituée au fil du temps la projection raisonnée d’un futur malheureux, toutes choses égales ailleurs. Classification JEL : M13, M14. (shrink)

Contractual moralists, such as Bowie and Donaldson, have argued that contractual agreement explains why corporations have a moral obligation towards the society in which they operate. They argue that a corporation’s moral obligation emerges from a hypothetical social contract that establishes its legitimacy to operate in society. Their assumption appears to indicate a logically necessary relationship between a corporation’s moral obligation and contractual agreement that establishes the corporation. We argue that there is no such relationship: a (...) corporation’s moral obligation does not necessarily emerge from a social contract. We suggest that instead of assuming that a corporation’s moral obligation emerges from a social contract, it should be said that a corporation’s moral obligation is sustained by a social contract. This helps answer the question of why corporations have a moral obligation towards the society where they operate in a better light. (shrink)