The specialised vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Current attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century (...) to make piracy, war crimes, and the international traffic in slaves criminal under the law of nations. And for the same reasons, Professor Rubin argues, it is unlikely that an international criminal court can be instituted today to enforce ethicists' versions of 'international law'. (shrink)

These four volumes address the question of the kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens.

The article considers the issues of modern German political philosophy in accordance with its formation, institutionalization and development. Germany’s political philosophy is analyzed in terms of its interaction with social and practical philosophy. The text states that political philoso- phy belongs to both social philosophy and political science. As a political theory, it is a compo- nent of social theories institutionalized in the modern era. As a political philosophy, it appears as a metatheory of political theory. Political philosophy is also (...) part of practical philosophy, exploring the problems of interaction between ethics and politics and the moral reclamation of the political system of modern society. These issues are themed in the context of the institution- alization of this discipline in the early twentieth century, its transformation into a political reli- gion during National Socialism, the revival after World War II, as well as actualization in such areas of socio-humanitarian sciences as discourse philosophy, functional-system theory of so- ciety, etc. according to the political situation of modern Germany. (shrink)

_Investigative Ethics: Ethics for Police Detectives and Criminal Investigators_ presents applied philosophical analyses of the ethical issues that arise for police detectives and other investigators in contemporary society. Explores ethical issues relating to investigative independence, rights of victims and suspects, use of informants, entrapment, privacy and surveillance, undercover operations, deception, and suspect interviewing Represents the first monograph providing a detailed consideration of ethical issues in police investigations Features authorship by an applied philosopher specializing in police ethics, (...) and a former UK senior police officer Combined authorship ensures the text is anchored in actual police practice as well as providing high quality ethical analysis. (shrink)

On the powerful qualities view, every fundamental property is both dispositional and qualitative. Identity theory is the standard account of the view, which makes the stronger claim that a property’s dispositionality and qualitativity are identical to each other, and identical to the property itself. Recent defences of the powerful qualities view have involved novel theories of powerful qualities which are not also variants of identity theory. Giannotti (Erkenntnis 86:603–621, 2021a) has suggested a novel theory of his own, the dual aspect (...) account, which makes use of a particular notion of aspects. For Giannotti, dispositionality and qualitativity are each an aspect of a property, and an aspect is a property’s way of being. The importance of aspects is twofold. Firstly, by introducing aspects to identity theory, the theory becomes more precise. Secondly, aspects allow for a novel theory of powerful qualities, the dual aspect account, which maintains that dispositionality and qualitativity are aspects, but rejects the identity claim. Giannotti’s aim is to show that even if identity theory is false, the dual aspect account remains an available theory for advocates of powerful qualities. This paper will be a critical examination of Giannotti’s ideas. Firstly, I will clarify Giannotti’s notion of aspects, explaining how it involves a misunderstanding of supervenience, and why it does not offer the advantages that he claims it does. Secondly, in light of my discussion of aspects, I will argue that the dual aspect account lacks relative advantages over the compound view of powerful qualities. (shrink)

This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.

In this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the (...) magnitude, probability, risk, and "importance" of harm. (shrink)

In Morality and Ethics of War, which includes a foreword by Major General Susan Coyle, ethicist Deane-Peter Baker goes beyond existing treatments of military ethics to address a fundamental problem: the yawning gap that exists between the diverse moral frameworks defining personal identity in a multicultural society on the one hand, and the professional military ethic on the other. Baker argues that overcoming this chasm is essential to minimising the ethical risks that can lead to operational and strategic (...) failure for military forces engaged in today's complex conflict environment. He contends that spanning the gap is vital in preventing moral injury from befalling the nation's uniformed servants. Drawing on a revised account of what he calls 'the Just War Continuum', Baker develops a bridging framework that combines conceptual clarity and rigour with insights from cutting edge psychological research and creates a practical means for military leaders to negotiate the moral chasm in military affairs. (shrink)

The book focuses on one fundamental thesis: when creating the norms of criminal law, the legislator should strive for their compatibility with the principle of human dignity while taking into account the ethical legitimacy of criminal law.

The paper deals with the notion of guilt according to Heidegger’s philosophy and its repercussions for the understanding of guilt according to criminal law doctrine and theory. Heidegger’s notion on guilt is tantamount to Dasein’s incapacity to exhaust all its existential possibilities, whereas legal guilt has to do only with man’s legal indebtedness, which is an aspect of inauthenticity, a deficient mode of ontological responsibility. This does not mean, though, sheer amoralism or apologetics to violence. In late Heidegger one (...) may discern traces of an ontological ethics, which refers to Dasein’s attunement to Being and especially to the sparing and healing of the Fourfold as these are coming to presence through poetic dwelling; through, that is, an authentic contact with the Uncanny, meaning a radical exposure to Being’s enigmatic hiddenness, the endurance in front of the abyss of Nothingness. In this framework there remains no space for assuming any moral-juridical responsibility, because Dasein is predestined to err constantly due to the ruptures and turnings of Being’s history. Legal blameworthiness is thus obsolete because, injustice being according to Heidegger the dis-jointure of Being’s order, there is ontologically no imputable ‘legal’ crime; there is only Dasein’s eventful projecting-opening within errancy. Whether though this notion of ‘Being’ is a new ‘arche’ to be superseded emerges then as the crucial question. To regain any non-metaphysical notion of guilt is after Heidegger only possible through a theoretical move which cannot ignore his legacy but also has to go beyond the Master. (shrink)

Athletes have a unique power in our world today. Their astronomical salaries, enviable lifestyles, and celebrity have tremendous influence over young people. This is reflected in advertising dollars as well as merchandise and ticket sales. For every athlete who uses their platform for charitable, political, and social good, there are many whose unethical or even criminal behavior sends the wrong message. What is the responsibility of athletes to their fans, to their teams, and to their leagues? And how much (...) responsibility do we hold for holding them in such high esteem? The viewpoints in this volume explore this complicated issue. (shrink)

In this paper, the results of a pilot interview study with 19 subjects participating in an EEG-based non-invasive brain–computer interface (BCI) research study on stroke rehabilitation and assistive technology and of a survey among 17 BCI professionals are presented and discussed in the light of ethical, legal, and social issues in research with human subjects. Most of the users were content with study participation and felt well informed. Negative aspects reported include the long and cumbersome preparation procedure, discomfort (...) with the cap and the wet electrodes, problems concerning BCI control, and strains during the training sessions. In addition, some users reflected on issues concerning system security. When asked for morally problematic issues in this field of non-invasive BCI research, the BCI professionals stressed the need for correct information transfer, the obligation to avoid unrealistic expectations in study participants, the selection of study participants, benefits and strains of participation, BCI illiteracy, the possibility of detrimental brain modifications induced by BCI use, and problems that may arise at the end of the trials. Furthermore, privacy issues were raised. Based on the results obtained, psychosocial and ethical aspects of EEG-based non-invasive BCI research are discussed and possible implications for future research addressed. (shrink)

Raimo Tuomela’s we-mode groups are partly characterized by norms. Some norms may be characteristic of all we-mode groups like the norm restricting a member’s right to leave the group. Some think that this aspect of Tuomela’s theory has implausible ethical implications concerning the rights and autonomy of members in we-mode groups. That worry vanishes, I argue, on a plausible interpretation of Tuomela’s notion of social normativity and a reasonable precisification of the notion of autonomy in this context. On the (...) other hand, Tuomela’s general silence on the nature of moral normativity makes it unclear how his distinction between social and moral normativity should be drawn more precisely. Is this a difference in kind, or merely a difference in the scope or social basis of the norms in question? I find this worth exploring with the aid of resources available within a broadly Tuomelian framework. Like Jeremy Koons (2019), I believe that Tuomela’s framework could be used to refine Wilfrid Sellars theory of ethical judgments as expressions of we-intentions. My preferred interpretation of Tuomela differs from Koons’ though, and so does the resulting reconstruction of Sellars, which is more Humean than Kantian. (shrink)

As one of the most massive and successful business sectors, the pharmaceutical industry is a potent force for good in the community, yet its behaviour is frequently questioned: could it serve society at large better than it has done in the recent past? Its own internal ethics, both in business and science, may need a careful reappraisal, as may the extent to which the law - administrative, civil and criminal - succeeds in guiding (and where neccessary contraining) it. The (...) rules of behavior that may be considered to apply to today's pharmaceutical industry have emerged over a very long period and the process goes on. Even the immensely detailed standards for quality, safety and efficacy laid down in drug law and regulation during the second half of the twentieth century have their limitations as tools for ensuring that the public interest is well served. In particular, national and regional regulatory agencies are heavily dependent on industrial data for their decision-making, their standards and competence vary, and even the existing network of agencies does not cover the entire world. What is more there are many areas of law and regulation affecting the industry, concerning for example the pricing of medicines, the conduct of clinical studies, the health protection of workers and concern for the environment. In some fields it is indeed hardly possible to maintain standards through regulation. Professor N.M. Graham Dukes, a physician and lawyer with long term experience in industrial research management, academic study and international drug policy, provides here a powerfully documented analysis into the way this industry thinks, acts, and is viewed, and examines the current trends pointing to change. *Provides a balanced picture of the current role of the pharmaceutical industry in society *Includes indices of conventions, laws, and regulations; as well as judicial and disciplinary cases *This is the only book addressing the legal implications of big pharma activities and ethical standards. (shrink)

The importance of the collective management of immaterial resources is a key variable in the valorisation of products in a post-industrial economy. The purpose of this paper is to analyse how, in post-industrial economies, it is possible to devise alternative forms of mediation between producers and consumers, such as organic farmers' markets, to curb the appropriation of rent by transnational and/or local business elites from the value created by immaterial resources. More specifically, we analyse those aspects of the collective (...) management of ethical values that, in the case of organic farmers' markets, can be a strategic source of competitive advantage for local producers. In this paper, the Ecomercado de Granada is studied as an example of mediation between production and consumption in a post-industrial economy. (shrink)

With the principle of tour de force, we refer to the use of the power of moral legality, the strength of statutes, and the fairness of judgments. A quantum force of moral legality and legal morality serves as an imperative force in the implementation of fair criminal justice, as well as in the prevention of future victims across the globe. Contrary to positivist ideas, the simple notion of morality contains within itself the very essence of international (...) class='Hi'>criminal norms. If the source of morality did not exist in the structure of our criminal justice, we could no longer call it criminal justice and would instead have to call it criminal revenge. Beyond the moral essence of international criminal justice, we also challenge the hidden illegality and immorality of certain attitudes. This is done in order to prevent acts which violate human rights law and criminal justice provisions. The codes of international human rights law cannot properly function without the comprehensive nature of morality which elevates the moral virtue of international criminal justice and strengthens the tour de force. One may observe that the principle of the tour de force of the moral virtue within the system of international criminal justice loses its legal power when governments attempt to justify their unjust decisions. This is the main reason why the major potential value of the tour de force of the moral virtue of human rights law and international criminal justice is not as strong as it should be. In order to achieve a vision of the tour de force of moral virtue, we need to establish a devoted influential ethical vision of the truth beyond political tradition. An unparalleled philosophical piece of literature for libraries. (shrink)

In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, (...) the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. (shrink)

Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality (...) stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this book lie two questions: what does it mean to say we are responsible? and, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously. (shrink)

Wrongdoing and the Moral Emotions provides an account of how we might effectively address wrongdoing given challenges to the legitimacy of anger and retribution that arise from ethical considerations and from concerns about free will. The issue is introduced in Chapter 1. Chapter 2 asks how we might conceive of blame without retribution, and proposes an account of blame as moral protest, whose function is to secure forward-looking goals such as the moral reform of the wrongdoer (...) and reconciliation in relationships. Chapter 3 considers whether it's possible to justify effectively dealing those who pose dangerous threats if they do not deserve to be harmed, and contends that wrongfully posing a threat is the core condition for the legitimacy of defensive harming. Chapter 4 provides an account of how to treat criminals without a retributive justification for punishment, and argues for an account in which the right of self-defense provides justification for measures such as preventative detention. Chapter 5 considers how we might forgive if wrongdoers don't basically deserve the pain of being resented, which forgiveness would then renounce, and proposes that forgiveness be conceived instead as renunciation of the stance of moral protest. Chapter 6 considers how personal relationships might function without retributive anger having a role in responding to wrongdoing, and contends that the stance of moral protest, supplemented with non-retributive emotions, is sufficient. Chapter 7 surveys the options for theistic and atheistic attitudes regarding the fate of humanity in a deterministic universe, and defends an impartial hope for humanity. (shrink)

This study aims to identify artificial intelligence (AI) technologies that are applied in climate-smart agricultural practices and address ethical concerns of deploying those technologies from legal perspectives. As climate-smart agricultural AI, the study considers those AI-based technologies that are used for precision agriculture, monitoring peat lands, deforestation tracking, and improved forest management. The study utilized a systematic literature review approach to identify and analyze AI technologies employed in climate-smart agriculture and associated ethical and legal concerns. The study findings (...) indicate several ethical concerns for deploying AI in climate-smart agricultural practices pertaining to data inaccuracy, other technical errors based on wrong recommendations or wrongful acts, data ownership and intellectual property issues, and economic issues resulting in digital division and privacy and security related issues. In this study, the ethical concerns were further examined based on criminal law, tort law, privacy and data protection law, and intellectual property law. In this regard, the study finds that the current tort law pattern is more suitable than the criminal law pattern to address some major ethical concerns, such as data inaccuracy and other technical errors based on wrong recommendations or wrongful acts. Finally, the study recommends that at the global level, all countries need to fill up the current gap of international law on climate-smart agriculture through agreeing on a standard set of legal provisions and enhancing collaboration in innovation and deployment of climate-smart agricultural AI. It further recommends that at the local level, countries need to adopt suitable regulations addressing multi-stakeholders’ interests associated with the deployment of climate-smart agricultural AIs. (shrink)

Thinking about justice -- The possibility of a justice convention -- The justice convention continued: Deliberating about the proper scope of public protection -- The justice convention continued: Deliberating about the appropriate response to wrongdoing -- The justice convention continued: Deliberating about criminal procedure -- The justice convention concluded: Deliberating about equality -- From natural law to human rights -- Nuremberg and beyond: the creation oa a system of international criminal justice -- Transitional justice: New democracies grapple with (...) their past -- The right to be let alone: determining the scope of personal freedom -- Justice in a lifeboat: Thinking about life-life tradeoffs -- Restorative justice: A challenge to the currrent system of criminal justice -- Sentencing offenders in noncapital cases -- Sentencing offenders in capital cases: The death penalty -- Justice and mercy. (shrink)

This book examines what makes someone an evil person and how evil people are different from merely bad people. Rather than focusing on the "problem of evil" that occupies philosophers of religion, Barry looks instead to moral psychology—the intersection of ethics and psychology. He provides both a philosophical account of what evil people are like and considers the implications of that account for social, legal, and criminal institutions. He also engages in traditional philosophical reasoning strongly informed by psychological (...) research, especially abnormal and social psychology. In response to the popularity of phrases like "the axis of evil" and the ease with which politicians and others describe their opponents as "evil," Barry sets out to make clear just what it is to be an evil person. (shrink)

There have been serious controversies in the latter part of the 20th century about the roles and functions of scientific and medical research. In whose interests are medical and biomedical experiments conducted and what are the ethical implications of experimentation on subjects unable to give competent consent? From the decades following the Second World War and calls for the global banning of medical research to the cautious return to the notion that in controlled circumstances, medical research on human subjects (...) is in the best interest of the given individual and the broader population, this book addresses the key implications of experimentation on humans. This volume covers major ethical themes within biomedical research providing historical, philosophical, legal and policy reflections on the literature and specific issues in the field of research on human subjects. Focusing on special populations (the elderly, children, prisoners and the cognitively impaired) it represents the most up-to-date review of the special ethical and legal conflicts that arise with relation to experimentation on subjects from these groups. In the light of current initiatives for law reform pertaining to research ethics the world over, this volume provides a timely, comprehensive and provocative exploration of the field. The volume has been carefully organized to present important philosophical perspectives on organizing principles that should underlie any practical application. A forward-looking historical review of the regulatory regimes of principal jurisdictions, including of the legal controls already in place, provides the backdrop for future policy initiatives. Additionally, in the light of global restructuring of health care systems, several chapters have been devoted to epidemiological research and related issues. (shrink)

This volume presents new research on the use of experimental methodologies in moral and social philosophy. The contributions reflect the growing plurality of methodologies and strategies for implementing experimental work on morality to new domains, problems, and topics. Philosophers are exploring the ways in which empirical approaches can transform our idea of the good, our understanding of the social nature of norms and morality, as well as our methods of fulfilling ethical goals. The chapters in this volume extend (...) experimental work on morality to previously underexplored areas. The contributions in Part 1 explore the methods and foundations of experimental work in areas such as folk moral judgments, metaethical beliefs, moral explanations, and reflective equilibrium. Part 2 focuses on issues in normative ethics, legal, and political philosophy such as virtue ethics, utilitarianism, theories of justice, and criminal responsibility. Finally, the chapters in Part 3 tackle various applied ethical issues including feminist X-Phi, animal welfare, experimental bioethics, and self-driving cars. Experiments in Moral and Political Philosophy will be of interest to scholars and advanced students working in ethics, applied ethics, experimental philosophy, social and political philosophy, and philosophy of law. (shrink)

Collaborative economy emerged as a response to the need of people to exchange, produce and share in a more humane and cooperative manner. However, the growth of collaborative economy organizations and the terminological confusion have led to debates about their possible effects, both positive and negative. In this study, we have created a guideline that can be used to evaluate the contribution of organizations considered within collaborative economy to common good. We used the conceptualization of common good, which, from its (...) Aristotelian-Thomist philosophy, was developed by the personalist-humanist perspective of management. Our analysis leads us to conclude that the evaluation of the contribution of any organization to the common good must take into account how the participants develop their virtues, the creation of the community and its impact on the common good of society. At the end of the article, we present the aspects that society must take into account regarding collaborative economy. Firstly, society, in general, must approach collaborative economy as a tool that must complement others in the search for solutions to economic and social problems and, secondly, the governance of the platform-network is essential to foster organizational models that favour the common good. (shrink)

This thesis studies some philosophical and ethical issues that economic design raises. Chapter 1 gives an overview of economic design and argues that a crossfertilisation between philosophy and economic design is possible and insightful for both sides. Chapter 2 examines the implications of mechanism design for theories of rationality. I show that non-classical theories, such as constrained maximization and team reasoning, are at odds with the constraint of incentive compatibility. This poses a problem for non-classical theories, which proponents of (...) these theories have not addressed to date. Chapter 3 proposes a general epistemology of economic engineering, which is motivated by a novel case study, viz. the reform of a matching market for medical practitioners. My account makes use of causal graphs to explain how models allow encoding counterfactual information about how market outcomes change if the design of the market changes. The second part of the thesis examines ethical issues. In Chapter 4, I apply tools from matching theory to gain insights into the distribution of refugees, such as among countries of the European Union. There is an ethical trade-off between the fairness of matchings and their efficiency, and I argue that in this context, fairness is the morally weightier criterion. Chapter 5 deals with the ethics of kidney exchange. Against critics, I give two arguments for the implementation of kidney exchange programmes. The first argument is that they are instrumental in meeting a moral obligation, namely to donate effectively. The second is that kidney exchange may increase the motivation for altruistic donations, because the donation of one kidney may trigger > 1 life savings. The final chapter identifies questions for future research and it closes with some thoughts about the future trajectory of economic design. (shrink)

Society, Ethics, and the Law: Text Reader is designed for the criminal justice ethics course, typically taught within the criminal justice, philosophy, or social science department. This course is primarily taken by junior and senior undergraduate students who are majoring in criminal justice or other related fields. Ethics is one of the six required topic areas in criminal justice education as defined by the Academy of Criminal Justice Sciences. The Academy of Criminal Justice Sciences (...) standards are located at www.acjs.org/page/ProgramStandards. The required content areas are defined in B.5. Table 1. Although ACJS has moved away from 'certifying' academic programs, the standards still serve as the primary benchmarks for program reviews for criminal justice degree programs. The text consists of 12 sections with five readings per section. Each section consists of an Introduction to the section, three articles related to the topic, and a 'character in context' article. The character in context article is intended to be written by a practitioner with work experience connected to the theme of the section with a more conversational format (versus the articles which are traditional academic articles). This title is contributed by experts in the field, many of whom are prominent within ACJS and have been presenting their topics at relevant conferences to full audiences. The shorter, article format is designed to appeal to today's student, while providing a sufficient depth of coverage as expected by the course instructor. The selected articles range from traditional philosophical based academic articles to conversational style narratives of practitioners' experiences with ethic issues within the criminal justice system. The text will contain topics not traditionally covered in a criminal justice ethics course; this renders the book appealing to ethics courses offered in philosophy and social science departments, while also remaining relevant to criminal justice students. (shrink)

Institutionalized and internalized, competence intersubjectivity contain many user-illusions and an imaginary or manifest image of reality, including of themselves (Dennett and Sellars),. This can be contrasted we a comprehension or comprehensive, understanding intersubjectivity. It is possible and perhaps even necessary to transform or replace the competence intersubjectivity to a comprehension or understanding (scientific, Dennett and Sellars) image of reality and themselves.Ethics and morality and studies of ethics and morality deal with the reality of competence intersubjectivity (by means of socio-cultural practices (...) that are derived from, based on an created by means of this restrictive, misleading, unreal, illusory, unrealistic intersubjectivity and the life-worlds associated with it) and human life-worlds constituted on the basis of and in terms of this intersubjectivity. This is why I am a nihilist, a libertarian, at least a minarchist or rather an anarchist and epistemologically a sceptic. Kant’s things in themselves are similar to Dennett and Searle’s notions of manifest and scientific image. With my addition that we are socialized and internalize the competent, know how to do it, institutionalized manifest, everyday intersubjectivity, instead of the comprehension, insights and understanding knowing that, scientific intersubjectivity of all scientific disciplines. This piece can be read as independent as comments on meta-ethics, or it can be read as a chapter in my Book ‘Intersubjectivity (continued)’, or it can be read as an introduction to my thoughts on philosophy and more specifically Intersubjectivity as – Determining the nature of philosophy Determining the nature of the subject-matter of philosophy, sociology, social psychology, aspects of cognitive sciences, ethics, epistemology, etc, Determining the nature of philosophical methodology and approaches. (shrink)

Geography and Ethics examines the place of geography in ethics and of ethics in geography by drawing together specially commissioned contributors from distinguished scholars from around the world.

Stephen Darwall presents a series of essays that explore the Second-Person Standpoint --an argument which advances an analysis of central moral concepts as irreducibly second personal in the sense of entailing mutual accountability and the authority to address demands. He illustrates the power of the second-personal framework to illuminate a wide variety of issues in moral, political, and legal philosophy. Section I concerns morality: for example, its distinctiveness among normative concepts, the relation between 'bipolar' obligations and moral (...) obligation period, and whether morality requires general principles. Section II focuses on autonomy, its relation to the will, and the sense in which we can give ourselves reasons for acting. And Section III concerns the nature of authority and the law. It argues that only a second-personal framework is able to explain these and the differences between criminal and civil law. (shrink)

In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault.

This book uses a moral perspective grounded in the social contract to define the responsibilities assumed by the police.

Because doping is becoming more and more of a problem in elite sports, anti-doping and prevention programs are receiving more attention. However, current doping prevention programs that primarily involve pedagogical education in youths have not been shown to be very effective. In sports philosophy there is a discourse about ethics and morality in sports in connection with doping. So far, however, the aspect of ethics has been neglected in anti-doping prevention programs. This article discusses a new approach to doping prevention (...) for young athletes and a way to improve conventional doping prevention by focusing on the process of decision-making. The article argues that ethical decision-making programs based on ethical training programs developed in business offer a large potential for prevention programs in sport. The article concludes with a presentation of training possibilities for ethical decision-making in connection with doping. (shrink)

When should a surveillance system that is used in preventive policing sacrifice the privacy of citizens to prevent criminality? What should be the impact of individual moral expectations when a social media platform designs an algorithm? To what degree can we use technology-driven deception in dementia care practices? And can we create a moral compass for a dashboard society? Over the last decade, the impact of technological innovation has been unprecedented. It has profoundly changed the way we participate (...) and interact in society. It has also led to new moral challenges. Not only because of the technology itself, but also because this technology is used in the context of a globalised world with a more prominent role for the private sector. This can result in moral confusion: individuals who alternately assume the role of citizen and consumer feel unable to influence the design of technology that has a strong impact on their core values. Sustaining this moral confusion is in nobody's long-term interest. In this book, we propose to overcome this moral confusion by using a bottom-up design approach that incubates ethics when constructing new technologies. This book is composed of four parts. In the first part we focus on how to integrate moral decisions and morality in the design process of new technology. In the second part we assess how moral design relates to related discourse, including business ethics, law and policy. In the third part of this book various case studies are highlighted that focus on particular moral design issues at the crossroads of technological innovation in the public and private sector. In the last part we look ahead and discuss what the future might look like if we use moral design as a central approach in creating new technology. This book is relevant for IT and engineering professionals, business leaders and policymakers with innovation in their portfolios, and students of (applied) science who are interested in the moral design of technology. The chapters are written by experts and leading researchers in an attractive, accessible and practical writing style. Each chapter offers colourful examples and challenges the reader to critically think through moral decision-making and the design of innovation"--Page 4 of cover. (shrink)

When should we make use of the criminal law? Suppose that a responsible legislature seeks to enact a morally justifiable range of criminal prohibitions. What criteria should it apply when deciding whether to proscribe conduct? Crimes, Harms, and Wrongs is a philosophical analysis of the nature, significance, and ethical limits of criminalisation. The authors explore the scope and moral boundaries of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm. Their aim is (...) to develop guiding principles for these various grounds of state prohibition, including an analysis of the constraints and mediating factors that weigh for and against criminalisation. Both authors have written extensively in the field. In Crimes, Harms, and Wrongs they have reworked a number of well-known essays and added several important new essays to produce an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike"--Provided by publisher. (shrink)

Respect for confidentiality is firmly established in codes of ethics and law. Medical care and the patients' trust depend on the ability of the doctors to maintain confidentiality. Without a guarantee of confidentiality, many patients would want to avoid seeking medical assistance The principle of confidentiality, however, is not absolute and may be overridden by public interests. On some occasions (birth, death, infectious disease) there is a legal obligation on the part of the doctor to disclose but only to the (...) appropriate authorities. Permissible disclosure can be granted by the patients' consent, for example, for the purpose of insurance they may wish to take out. Moreover, there are some ambivalent situations (such as criminal acts, or notification of sexual partner in case of a patient with AIDS) for which Greek law does not include relevant provisions, and the Codes of Medical Ethics do not offer clear guidelines. Therefore, the Greek doctor is called to estimate the situation and assume full responsibility for his decision. Finally, new considerations have arisen in the context of the recent advances in the field of telemedicine and electronic archiving. The paper discusses the current situation and legislation in Greece. (shrink)

It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the (...) production of large-scale harms – including extensive human rights violations, forms of colonialism, or environmental or nuclear devastation – and in opposition to conventional understandings of responsibility in law, morality and politics, the book provides a detailed analysis of the ways in which legal institutions – their practices, concepts, and categories – themselves operate as much to deflect responsibility for harms suffered as they do to acknowledge them. Drawing on a series of case studies from local, national, and global concerns the book analyses how law facilitates dispersals and disavowals of responsibility, and it shows how it does so in consistent and patterned ways. In assessing how this ‘organised irresponsibility’ operates, and what its consequences are for both legal analysis and society generally, a thoroughgoing re-evaluation of law’s methods, operation, and consequences is required. At stake is nothing less than a fundamental re-assessment of the role of modern law in the production and legitimation of human suffering. This innovative and interdisciplinary book provides a sustained challenge to conventional thinking about law and legal institutions. It will be of major interest to those working in law, political and legal theory, sociology and moral philosophy. (shrink)

BackgroundDuring a commercial surrogacy arrangement, the event of embryo transfer can be seen as the formal starting point of the arrangement. However, it is common for surrogates to undergo a failed attempt at pregnancy conception or missed conception after an embryo transfer. This paper attempts to argue that such failed attempts can be understood as a loss. It aims to reconstruct the experiences of loss and grief of the surrogates and the intended parents as a consequence of their collective failure (...) to conceive a surrogate pregnancy.MethodsDrawing on a qualitative study conducted over a period of eight months between 2014 and 2015 at two fertility clinics in Delhi and two in Kolkata, India, this paper examines the experiences of the surrogates and the intended parents when faced with missed conceptions or failed conceptions during a surrogacy arrangement.ResultsWe argue that while the surrogate grieves the non-arrival of a ‘good news’ as an uncertain loss, the intended parents experience yet another, failure in addition to the losses they might have incurred during their previous fertility treatments. The body of the surrogate becomes a site of ‘a lost opportunity’. The surrogate embodies a loss in her quest to achieve social mobility and the intended parents experience a disembodied pregnancy loss. This very emotional experience stands in stark contrast to the conceptualisation of such failed attempts as non-events within the discourse of the surrogacy industry. The experience of loss of the intended parents is recognised but their grief is given no space. We argue that such ambiguity around the nature of losses resulting out of a missed or failed conception during surrogacy is an outcome of lack of interpersonal relationship between the surrogate and the intended parents.ConclusionsSince commercial surrogacy is a relational process, the only way in which the experiences of losses and failures of the actors at the preconception stage can be better addressed is through developing close sharing and understanding between each other through an ethics of care. Therefore, to nurture caring relationships, surrogacy needs to be understood as a moral commitment by –the surrogates and intended parents. To enable such a commitment, there is a need to reconsider the pre-defined and legally regulated professional duty of the doctors, agents and agencies. It cannot be a one-sided commitment, but has to have elements of mutuality. (shrink)

The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications (...) of offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering the justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrongdoing, the sources of wrongdoing, why wrongdoing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible. (shrink)

Humans must take moral and criminal responsibility for making a free choice between good and evil, according to Chŏng Yakyong, and this view was influenced by Matteo Ricci. Choosing to commit an evil action means committing a willful crime, so one must take responsibility for this action in the form of punishment. However, unintentional wrongdoings can be forgiven. For example, a man stealing to survive or killing a robber in order to live should not be punished, because these (...) individuals have no choice but to do so. Those claims of Chŏng are his own creation, not influenced by Ricci or Confucianism. By contrast, the idea that a child’s intentional hiding of his father’s crime should not be punished because of the child’s duty of filial piety was influenced by Confucianism. However, a large crime committed by a child on the basis of filial piety, such as committing murder to rescue one’s mother, only lends cause for commutation. Unlike Chŏng, Ricci regarded a child’s act of stealing bread to feed his family as an action of evil rather than an act of filial piety, since theft is an evil action. (shrink)

Technology and Ethics. A European Quest for Responsible Engineering, edited by B. Heriard Dubreuil and his team (University Lille) is in many regards an innovative publication. It is the first fully European contribution to the field of engineering ethics and the result of an intensive cooperation between ethicists and engineers from all the member countries of the European Union. The basic structure of the book is both the distinction and interaction between three levels of analysis: personal responsibility of engineers, the (...) institutional level (business organisations) and the impact of technology on society and culture. On the personal level, the book deals with problems such as the role of professional codes and the fact that engineers must cope with flexibility, shorter lines of decision and erosion of the boundaries between private and professional life. On the meso level, the book deals with different aspects of decision making in the context of business organizations, such as quality management, technology assessment procedures, business ethics committees etc... On the macro level, the authors focus on the power of technology. Together with the influences from other social, economic and political actors, the decisions of engineers change the world in a way which is of moral significance. (shrink)