_ Source: _Volume 36, Issue 1, pp 79 - 105 In this _Introductory Note_ Grotius’ views on Good Faith, Humanity, and Justice as exposed in _De fide et perfidia_ are addressed with reference to the theories he developed in _De jure praedae_ and later elaborated in _De jure belli ac pacis_.

The use of deception and dishonesty is widely accepted as a fact of life in policing. This paper thus defends a counterintuitive claim: Good faith is a normative foundation for the police as a political institution. Good faith is a core value of contracts, and policing is contractual in nature both broadly (as a matter of social contract theory) and narrowly (in regard to concrete encounters between law enforcement officers and the public). Given the centrality of good faith to policing, (...) dishonesty and deception on par with fraud are justified only as a narrowly circumscribed investigative tool that is constrained by institutional commitments to the fair distribution of security and the rule of law. The practical upshot is the preclusion of most dishonest and deceptive police tactics on par with fraud, leading to an institution that is less proactive and more reactive. (shrink)

The development of electronic agents that increasingly play an active role in the contract formation and execution process has highlighted the need for the creation of law-abiding autonomous agent systems. The principle of good faith is an important guideline for contractual behaviour which permeates civil law systems. This paper examines how this principle is applied both during the negotiation of a contract and during its performance. Selected examples from civil law literature of precontractual duties of good faith, and of precontractual (...) behaviour that is deemed to be contrary to good faith, are discussed. This is followed by a discussion of the extent to which such duties are recognised, or such behaviour proscribed, in common law jurisdictions. Some common standards for precontractual behaviour in civil and common law systems are identified. There is then a parallel analysis of the principle of good faith in contract performance with a view to identifying common traits or standards between civil and common law systems. These standards, in the situation where contracts are being negotiated and/or performed by or through electronic agents, would need to be reflected in the way such agents operate. (shrink)

Noted scholar Joseph S. Catalano here brings together his new work on Sartre's ethics with five of his classic essays on Sartre's moral thought. In an extended opening essay, Catalano uses Sartre's notion of mediation as a means to integrate the entire range of the French philosopher's moral insights. In the second half of the book, Catalano attempts to delineate a viable notion of good faith, and to distinguish between good and bad faith on the one hand and authenticity and (...) inauthenticity on the other hand. (shrink)

I use Ralph Ellison's Invisible Man to consider the requirements of existentialism to be relevant to racialized experience. Black existentialism is distinguished from white existentialism by its focus on anti-black racism. However, black existentialism is similar to white existentialism in its moral requirement that agents take responsibility so as to be in good faith. Ralph Ellison's invisible man displays good faith at the end of the novel by assuming responsibility for his particular situation. The idiosyncratic development of the novel can (...) be interpreted as an example of the ways in which existentialist values ought to be instantiated through unique individual experience. However, blackness, or any racial identity, is not itself an existential structure because it is not universal. Rather, existentialist requirements for good faith can be applied to racialized situations by both whites and blacks. (shrink)

This Article argues that the duty of good faith in contractual performance offers powerful but neglected resources to empower workers to pursue their legitimate interests and resist mistreatment by employers. The duty of good faith creates a joint authority structure within contractual relationships, vesting co-contractors with equal and joint authority over the meaning, purposes, and, hence, the requirements of their contract. Implementing such an authority structure requires ensuring that the parties to a contract have the communicative space and epistemic resources (...) they need to uncover and develop a common understanding of their contract. In the context of employment, such an authority structure would be transformative. It would require legal recognition of a variety of employee speech rights and protection from termination for reasonable and good faith refusals to perform work, and would offer a legal basis to challenge the scope and enforceability of at-will employment clauses. The duty of good faith could thus supply a common law foundation for rights and obligations commonly associated with labor law. (shrink)

Although stakeholder theory is concerned with stakeholder engagement, substantive operational barometers of engagement are lacking in the literature. This theoretical paper attempts to strengthen the accountability aspect of normative stakeholder theory with a more robust notion of stakeholder engagement derived from the concept of good faith. Specifically, it draws from the labor relations field to argue that altered power dynamics are essential underpinnings of a viable stakeholder engagement mechanism. After describing the tenets of substantive engagement, the paper draws from the (...) labor relations and commercial law literatures to describe the characteristics of good faith as dialogue, negotiation, transparency, and totality of conduct; explains how they can be adapted and applied to the stakeholder context; and suggests the use of mediation and non-binding arbitration. The paper concludes by addressing anticipated objections and shortcomings and discussing implications for theory and research. (shrink)

This volume brings together a wide-ranging collection of seventeen essays, most of which were published elsewhere during the last ten or so years and some of which appear here in revised versions. Its subtitle is somewhat misleading, because Keeping Faith is neither a sustained philosophical discussion of American racial identities nor an extended argument to the effect that some noteworthy assumptions about race have helped to shape the history of American philosophical thought. Still, many of the book’s chapters explicitly engage (...) the theme of race, while others touch on traditional and familiar philosophical problems. (shrink)

This book offers an original theory of adjudication focused on the ethics of judging in courts of law, and proposes two main theses. One is the good faith thesis, which defends the possibility of lawful judicial decisions even when judges exercise discretion. The other is the permissible discretion thesis, which defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together these two theses oppose both conservative theories that would restrict the scope (...) of adjudication unduly, and leftist critical theories that would liberate judges from the rule of law. (shrink)

In this article, an anthropologist examines the question, asked today in diverse forms by an increasing variety of actors: what is the aim or telos of the social sciences? From within the disciplinary communities of the social sciences themselves, the answers given are inseparable from questions of theory and method. This essay engages some recent experimental, postcritical responses as formulated by scholars in the fields of anthropology and STS. Following decades of reflexive debates and changing institutional and disciplinary environments, both (...) anthropology and STS currently experience heightened levels of uncertainty about theories and methods, means and ends. In this context, the emergence and vigor of a number hybrid positions, eschewing traditional separations between facts and values, the conceptual and the empirical, and the descriptive and the performative, are noteworthy. This essay examines three distinctive and novel responses to the question of what comes after critique, found in the writings of the anthropologist Hirokazu Miyazaki, who has defined what he terms a method of hope; in the experimental anthropology of Richard Rottenburg, which offers parables of modern development aid; and in the scholarship of Helen Verran, a philosopher and STS ethnographer who constructs the figure of the good faith analyst. Coming to terms with the challenges, possibilities, tensions, and paradoxes of these and other postcritical responses is the key purpose of the present discussion. (shrink)

Journal of Philosophy of Education, EarlyView.

‘Good faith’ refers to the existentialist concept of living and acting in harmony with one’s innermost values. An educator who teaches in good faith will fully actualize her philosophy of t...

Prominent atheists claim the Bible is a racist text. Yet Dr. Martin Luther King Jr. read it daily. Then again, so did many ardent segregationists. Some atheists claim religion serves to oppress the masses. Yet the classic text of the French Revolution, What is the Third Estate?, was written by a priest. On the other hand, the revolutionaries ended up banning religion. What do we make of religion's confusing role in history? And what of religion's relationship to science? Some scientists (...) claim that we have no free will. Others argue that advances in neurobiology and physics disprove determinism. As for whispering to the universe, an absurd habit say the skeptics. Yet prayer is a transformative practice for millions. This book explores the most common atheist critiques of the Bible and religion, incorporating Jewish, Christian, and Muslim voices. The result is a fresh, modern re-evaluation of religion and of atheism. (shrink)

The paper explores the role of good faith within the traditional theory of fiduciary duty in the lead-up of the Delaware Supreme Court’s Stone ex-rel. AmSouth Bancorporation v. Ritter decision. The enforcement of the director’s liability is discussed concerning the doctrinal controversies concerning inter alia, the reach of the exculpation statute passed after the Smith v Van Gorkon holding. The paper also analyzes the conditions that a Plaintiff must survive a motion to dismiss a claim of director liability; the appropriate (...) standard of review for alleged duty of liability breaches, and the role of good faith within the overall triad of traditional fiduciary responsibilities. Over a decade after this landmark case was decided, there is value in reconsidering whether the Stone judgment lived up to the promise of the Caremark holding and its reformulation of good faith as a judicial device for evaluating director liability in contexts that not do easily fit with the traditional doctrines of duty of care and loyalty. (shrink)

From the beginning to the end of his philosophizing, Sartre appears to have been concerned with "bad faith"—our "natural" disposition to flee from our freedom and to lie to ourselves. Virtually no aspect of his monumental system has generated more attention. Yet bad faith has been plagued by misinterpretation and misunderstanding. At the same time, Sartre's correlative concepts of "good faith" and "authenticity" have suffered neglect or insufficient attention, or been confused and wrongly identified by Sartre scholars, even by Sartre (...) himself. Ronald E. Santoni takes on the challenge of distinguishing these concepts, and of showing whether either or both existential "attitudes" afford deliverance from the hell of Sartre's bad faith. He offers the first fill-scale analysis, reconstruction, and differentiation of these ways of existing as they develop in Sartre's early works. Although he attempts to redeem Sartre's slighted concept of good faith, Santoni warns that it must not be viewed interchangeably with authenticity. Further, in one of the earliest and most sustained studies of Sartre's _Notebooks for an Ethics_ available in English, Santoni shows how Sartre's posthumously published notes for an "ethics of Salvation" confirm his differentiation and argument. The way out of Sartrean hell, Santoni insists, is authenticity—living "with fidelity" to our unjustifiable freedom and assuming responsibility for it. (shrink)

Presumably, great men, including John Dewey, have great flaws. For decades, Dewey scholars assumed that the Hegelian cast of his early philosophy proved, prima facie, that it was merely derivative and hopelessly metaphysical in the worst possible sense of that term, as though nothing original or practically applicable to real life could possibly come from studying Hegel. I believe it is fair to say that, among Dewey scholars, the term “Hegelian” became an ossified pejorative that required little, if any, explanation. (...) “Hegelian,” and related terms such as “idealism” and “the dialectic,” were exempt from further inquiry. In recent years a growing number of scholars have taken closer looks at Dewey’s early writings.. (shrink)

Bad Faith and Sincerity: Does Sartre's Analysis Rest on a Mistake? In this opening chapter, I intend to deal with an issue that vexed my earliest ...

This volume brings together a wide-ranging collection of seventeen essays, most of which were published elsewhere during the last ten or so years and some of which appear here in revised versions. Its subtitle is somewhat misleading, because Keeping Faith is neither a sustained philosophical discussion of American racial identities nor an extended argument to the effect that some noteworthy assumptions about race have helped to shape the history of American philosophical thought. Still, many of the book’s chapters explicitly engage (...) the theme of race, while others touch on traditional and familiar philosophical problems. (shrink)

Under Directive 86/653/EEC on the co-ordination of the laws of European Union Member States relating to self-employed commercial agents, commercial agents have an obligation to act ‘dutifully and in good faith’. This article considers the impact that this general good faith clause has had upon the UK legal order. It first analyses the Obligation, assessing its scope, function and content. It then reviews the choices made by the UK legislature in implementing this duty and scrutinises the manner in which it (...) has been construed and applied by UK courts, as well as commentators. Finally, it charts the areas of the pre-existing common law agency rules that are affected by this imported notion and appraises the resulting alterations to the positive law. (shrink)

Background Genetic research can yield information that is unrelated to the study’s objectives but may be of clinical or personal interest to study participants. There is an emerging but controversial responsibility to return some genetic research results, however there is little evidence available about the views of genomic researchers and others on the African continent. Methods We conducted a continental survey to solicit perspectives of researchers, science policy makers and research ethics committee members on the feedback of individual genetic research (...) findings in African genomics research. Results A total of 110 persons participated in the survey with 51 complete and 59 incomplete surveys received. Data was summarised using descriptive analysis. Overall, our respondents believed that individual genetic research results that are clinically actionable should be returned to study participants apparently because participants have a right to know things about their health, and it might also be a means for research participation to be recognized. Nonetheless, there is a need for development of precise guidance on how to return individual genetic research findings in African genomics research. Discussion Participants should receive information that could promote a healthier lifestyle; only clinically actionable findings should be returned, and participants should receive all important information that is directly relevant to their health. Nevertheless, detailed guidelines should inform what ought to be returned. H3Africa guidelines stipulate that it is generally considered good practice for researchers to feedback general study results, but there is no consensus about whether individual genomic study results should also be fed back. The decision on what individual results to feedback, if any, is very challenging and the specific context is important to make an appropriate determination. (shrink)

This paper points out that to persons unfamiliar with the context and suffering of dying patients, their loved ones, and last, but by no means least, the health care team can only discuss the very concrete question of euthanasia in an abstract way unaware of the fact that this question must, in the final analysis, be differently addressed in different specific patients and under specific circumstances. This paper poses questions which must be addressed and will rarely find a good answer (...) but at least the best among a series of unpalatable options. It again points out the important and legitimate place that emotions play in decision-making. (shrink)

The preaching function of the ministry marks the church as the holy community of God in the world as it nurtures and reforms the language of faith, traditions the faithful in a Christian past, and reflects on the crucial crises of historical events in the light of Jesus Christ.

Community Engagement (CE) has been presented by bio-ethicists and scientists as a straightforward and unequivocal good which can minimize the risks of exploitation and ensure a fair distribution of research benefits in developing countries. By means of ethnographic fieldwork undertaken in Kenya between 2007 and 2009 we explored how CE is understood and enacted in paediatric vaccine trials conducted by the Kenyan Medical Research Institute and the US Centers for Disease Control (KEMRI/CDC). In this paper we focus on the role (...) of paid volunteers who act as an interface between villagers KEMRI/CDC. Village Reporters’ (VRs) position of being both with the community and with KEMRI/CDC is advantageous for the conduct of trials. However it is also problematic in terms of exercising trust, balancing allegiances and representing community views. VRs role is shaped by ambiguities related to their employment status and their dual accountability to researchers and their villages. VRs are understandably careful to stress their commitment to self-less community service since it augments their respectability at community level and opens up opportunities for financial gain and self-development. Simultaneously VRs association with KEMRI/CDC and proximity to trial participants requires them to negotiate implicit and explicit expectations for material and medical assistance in a cultural setting in which much importance is placed on sharing and mutuality. To ensure continuity of productive interactions between VRs, and similar community intermediaries, and researchers, open discussion is needed about the problematic aspects of relational ethics, issues concerning undue influence, power relations and negotiating expectations. (shrink)

Background Planning for the next pandemic influenza outbreak is underway in hospitals across the world. The global SARS experience has taught us that ethical frameworks to guide decision-making may help to reduce collateral damage and increase trust and solidarity within and between health care organisations. Good pandemic planning requires reflection on values because science alone cannot tell us how to prepare for a public health crisis. Discussion In this paper, we present an ethical framework for pandemic influenza planning. The ethical (...) framework was developed with expertise from clinical, organisational and public health ethics and validated through a stakeholder engagement process. The ethical framework includes both substantive and procedural elements for ethical pandemic influenza planning. The incorporation of ethics into pandemic planning can be helped by senior hospital administrators sponsoring its use, by having stakeholders vet the framework, and by designing or identifying decision review processes. We discuss the merits and limits of an applied ethical framework for hospital decision-making, as well as the robustness of the framework. Summary The need for reflection on the ethical issues raised by the spectre of a pandemic influenza outbreak is great. Our efforts to address the normative aspects of pandemic planning in hospitals have generated interest from other hospitals and from the governmental sector. The framework will require re-evaluation and refinement and we hope that this paper will generate feedback on how to make it even more robust. (shrink)