In his recent article in Philosophy and Public Affairs, 'The Paradox of Voting and Ethics of Political Representation', Alexander A. Guerrero argues it is rational to vote because each voter should want candidates they support to have the strongest public mandate possible if elected to office, and because every vote contributes to that mandate. The present paper argues that two of Guerrero's premises require correction, and that when those premises are corrected several provocative but compelling conclusions follow about the (...) rationality of voting and duties of elected officials: (A) Voting is typically rational for the members of a political party’s base; (B) Voting is often (but not always) irrational for “swing” voters (i.e. independent voters who are not affiliated with any political party, as well as “undecided” voters who are considering voting across party lines); and (C) Elected officials have a moral duty to respond to changing levels of popular support once in office, as indicated by properly monitored and corroborated public opinion polls of constituents, functioning more as delegates the lower their level of popular support. Finally, I suggest that the last of these conclusions has wide-ranging implications for political ethics. I illustrate these implications by focusing on the questions -- under debate in the 2016 US Presidential election cycle -- of whether a sitting President has a moral duty to nominate or not nominate a new Supreme Court justice during his or her final year in office, and similarly, whether US Senators have a moral duty to obstruct, or not obstruct, confirmation of the President’s eventual nominee. (shrink)

Many criminal law scholars have criticized the responsible corporate officer doctrine as a form of strict and vicarious liability. It is neither. It is merely a doctrine that supplies a duty in instances of omissions. Siding with Todd Aagaard in this debate, I argue that a proper reading of the cases yields that the responsible corporate officer doctrine is just duty supplying, and does not allow for strict liability when the underlying statute requires mens rea. After analyzing Dotterweich, Park, and (...) their progeny, I probe the depths of this duty-supplying doctrine, including to whom the duty is owed, whether the duty is grounded in statute, cause of peril, or contract, and what the content of the duty is. Although the responsible corporate officer doctrine unveils questions we may have about duty generally, it is no more problematic than other duty-supplying doctrines in the criminal law. (shrink)

The claim that managers have a fiduciary duty to shareholders to run the corporation in their interests is generally supported by two arguments: that shareholders are owners of a corporation and that they have a contract or agency relation with management. The latter argument is used by Kenneth E. Goodpaster, who rejects a multi-fiduciary, stakeholder approach on the grounds that the shareholder-management relation is “ethically different” because of its fiduciary character. Both of these arguments provide an inadequate basis for the (...) fiduciary duties of officers and directors of corporations. The basis is to be found, rather, in considerations of public policy, a point that was established in the Dodd-Berle exchange of the 1930s. This conclusion also shows the inadequacy of Goodpaster’s solution to the so-called stakeholder paradox, and an alternative solution to the paradox is presented. (shrink)

The claim that managers have a fiduciary duty to shareholders to run the corporation in their interests is generally supported by two arguments: that shareholders are owners of a corporation and that they have a contract or agency relation with management. The latter argument is used by Kenneth E. Goodpaster, who rejects a multi-fiduciary, stakeholder approach on the grounds that the shareholder-management relation is “ethically different” because of its fiduciary character. Both of these arguments provide an inadequate basis for the (...) fiduciary duties of officers and directors of corporations. The basis is to be found, rather, in considerations of public policy, a point that was established in the Dodd-Berle exchange of the 1930s. This conclusion also shows the inadequacy of Goodpaster’s solution to the so-called stakeholder paradox, and an alternative solution to the paradox is presented. (shrink)

Gender discrimination and sexual harassment of female police officers by their male counterparts remain areas of liability where police departments appeared to have failed to effectively confront the nagging issues. However, the appreciable level of research conducted on these issues in the global North has not been matched by the South, where issues bordering on sexual violence have cultural underpinnings. Drawing from the case of the Nigeria Police Force, feminist analysis was used to explore the lived reality of 43 female (...) officers in a qualitative study. Participants expressed distress in abiding by structural discriminatory regulations against female officers which include non-admittance of married women into the force, forbidding unmarried officers from getting pregnant, and a stipulated minimum of three-year work period before a female officer can marry. Findings also indicated that participants suffer a variety of sexual harassment, intimidation, and, violence from their male colleagues, while they feel constrained in reporting their victimization. Important policy and practical implications requiring the Nigerian police to address hegemonic masculinity and promote gender equality were provided. (shrink)

The compliance officers' (CO) profession has been evolving over the last few decades. The expectations placed upon the individuals holding such a position vary across jurisdictions, but they are all expected to ensure employees and management of the business entity comply with the law. Given the limited research on CO in Europe, and the increasing public interest in this profession, the current authors have carried out a survey in Cyprus in an effort to map out and contextualize the CO' profession. (...) The findings illustrate CO's academic and professional qualifications, their awareness of their legal liability, the level of knowledge and job performance of their duties as prescribed by law, as well as gaps in the performance of duties as expected by management, boards, and regulators. The policy implications derived from the study suggest coherence and synergies to be found through common exam and postgraduate qualification in the field of financial compliance. (shrink)

In this paper, we examine whether ethics officers are able to perform their assigned duties independently of organizational management. Specifically, we investigate whether inherent conflicts of interest with company management potentially hinder the ability of ethics officers to serve as an effective monitor and deterrent of unethical activity throughout the organization. As part of our analysis, we conducted 10 detailed phone interviews with current and retired ethics officers in order to determine whether practicing ethics officers feel the need for (...) additional independence protection from management. We propose that the current system in which ethics officers report to management must be changed in order for ethics officers to effectively perform their jobs. Specifically, we maintain that ethics officers should (1) be hired by, (2) be fired by, and (3) report directly to the corporate board of directors rather than company management. Such a change in the reporting environment would greatly enhance the independence of ethics officers. (shrink)

Is voting a duty of democratic citizenship? This article advances a new argument for the existence of a duty to vote. It argues that every normative account of electoral representation requires universal turnout to function in line with its own internal normative logic. This generates a special obligation for citizens to vote in electoral representative contexts as a function of the role morality of democratic citizenship. Because voting uniquely authorizes office holding in representative democracies, and because universal turnout contributes (...) powerfully to representation being fair, to be a good citizen of such democracies requires one to vote. Whereas previous arguments for a duty to vote have invoked basic moral principles like fairness or a Samaritan duty of rescue, this account is based on citizens occupying a vital functional role within electoral representative institutions. This institutional duty solves the “specificity problem” of justifying a duty to vote better than competing accounts and also immunizes the duty to objections that there is no duty to vote when there are only bad choices and that there is a no duty to vote but rather duty to vote well. By emphasizing the tight connection between institutions and individual conduct, the role morality approach used here supplies a less abstract and more realistic framework than much previous research on the ethics of democratic citizenship and brings the debate closer to constitutive features of democratic politics. (shrink)

The use of law enforcement officers in American schools has rapidly expanded since its inception in the 1950s. This growth can in part be attributed to the Safe Schools Act of 1994, the establishment of the Community Oriented Policing Services Office, and tragic events that have occurred in our nation's schools. Law enforcement officers in the school environment traditionally have primary roles of protection and enforcement, although many have ancillary roles of educating and mentoring students. However, the use of (...) police in schools has also been associated with the formalization of student discipline and the criminalization of minor misconduct. Specifically, an increase in the number of officers in schools has mirrored an increase in the number of arrests and citations for relatively minor offenses. We argue that officers' socialization and training create role conflict in that the duty to enforce the law competes with other duties to mentor and nurture students. We present several hypothetical dilemmas and then illustrate how the “right thing to do” is determined by the perceived duties of the school safety officer. We conclude by presenting some modest suggestions on how to address the potential role conflict experienced by law enforcement officers working in schools. (shrink)

This essay considers the nature of duties incumbent on legislators in virtue of the office itself. I argue that there is no duty for a legislator to enact a criminal law based on morality; there is no duty to incorporate substantive moral conditions into the criminal law; and there is therefore no duty derivable from the nature of the legislative office itself to make conditions of culpability depend on those of moral responsibility. Finally, I argue that the (...) relation between morality and the criminal law is therefore much less direct than assumed in most theories of the criminal law. (shrink)

The responsible corporate officer doctrine is, as a formal matter, an instance of strict criminal liability: the government need not prove the defendant’s mens rea in order to obtain a conviction, and the defendant may not escape conviction by proving lack of mens rea. Formal strict liability is sometimes consistent with retributive principles, especially when the strict liability pertains to the grading of an offense. But is strict liability consistent with retributive principles when it pertains, not to grading, but to (...) whether the defendant has crossed the threshold from noncriminal to criminal conduct? In this essay, I review the two most plausible arguments supporting an affirmative answer in the context of the RCO doctrine. First, perhaps this doctrine reflects a rule-like form of negligence, akin to a rule that prohibits selling alcohol to a minor. Second, perhaps this doctrine expresses a duty to use extraordinary care to prevent a harm. Neither argument is persuasive. The first argument, although valid in some circumstances, fails to explain and justify the RCO doctrine. The second argument, a duty to use extraordinary care, is also inadequate. If “extraordinary care” simply means a flexibly applied negligence standard that considers the burdens and benefits of taking a precaution, it is problematic in premising criminal liability on ordinary negligence. If instead it refers to a higher duty or standard of care, it has many possible forms, such as requiring only a very slight deviation from a permissible or justifiable standard of conduct, placing a “thumb” on the scale of the Learned Hand test, identifying an epistemic standard more demanding than a reasonable person test, or recognizing a standard that is insensitive to individual capacities. However, some of these variations present a gratuitous or incoherent understanding of “negligence,” and none of them sufficiently explain and justify the RCO doctrine. (shrink)

Corporations in the United States have been starting ethics programs for a variety of reasons both active and passive. Ethics officers are being charged with improving both company image and the level of ethical decision-making by employees. Thirty ethics officers from Fortune 500 firms were surveyed to develop a database of their duties and the companies' commitment to ethical standards. The results suggest much is being done, both in the diversity of responses and the similarities of commitment and (...) class='Hi'>duties. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:OBEYING BAD ORDERS AND SAVING LIVES: THE STORY OF A FRENCH OFFICER Pierre d'Elbée Société Caminno, Paris The story is told that during the Paris riots of 1 848, a military officer received an order to evacuate a certain square by firing upon the "rabble." He left the garrison with his troops and started for the square to be cleared. Upon his arrival, he took up a position with (...) his soldiers who raised their guns to fire upon the crowd. In the profound silence that ensued, he cried: "I have received the order to fire upon the rabble; but as I perceive before me many honest people, I ask them to depart so that I may execute this order." In a few moments, the square was vacant. In circumstances such as these, a decision that saves both others and oneself is not easy to achieve. In such a repressive framework where legal violence is permitted, it is the duty of an officer to obey the order of his superiors, and when we hear or read this story for the first time, we do not see how a happy outcome is possible. The story ought to be dramatic, but what is astonishing is precisely that it is not. We expect the worst, which is what usually happens, the most optimistic among us perhaps hoping secretly for a happy end. But happy endings belong to the universe ofthe marvelous, and life does not resemble a story, as the pessimist murmurs within us. Still, it is the happy ending that in fact occurs, and our astonishment is bound to its improbability. Is it chance? Luck? Inspiration? Premeditation? No doubt there is something of all of this in the officer's decision, and his elegant intervention raises a smile in our skeptical hearts. It testifies that although not easy, one can discover a new way that responds to the secret hope of being really ourselves without getting caught within the web of necessity. Such an attractive path merits no doubt that we dwell on it a little more. 46Pierre d'Elbée Let us follow the officer and imagine we are in his place. It is clear that what is most striking in this story is the moment ofthe face-to-face between the officer and the crowd. It is worthwhile to back up a little, however. From the moment he receives his order to the moment of the face-to-face, the officer must live through some very bad moments: it is no little thing to fire upon a crowd even if legality is on our side. We all know that the worst crimes have been perpetrated under the cover of obedience. Such refuge within authority is rather a hell where one abdicates a part of oneself. The function ofan officer does not stop him from being equally a man, one with feelings, beliefs, values. He knows that the rioters, whatever their fight, cannot be reduced to the term "rabble." Rabble, "rabid," dog. These people deserve no doubt a bit more consideration than that. Who can assert that the riot does not express real sufferings, legitimate rights, slighted dignities? Who could feel comfortable executing the individual who claims his due? A praiseworthy indignation. From that point to justify an heroic ethics of non-violence, is only a small step. "No, I will not fire upon a crowd whose wrong or right deed is to be angry." The officer must undoubtedly have in mind similar thoughts. Inversely, perhaps he justifies himself by saying to himselfthat after all, the rioters disturb the public order. Ifone does not react vigorously and repressively, the riot could degenerate into a general revolution. The order is justified not only by legality but also by a morality ofthe common good. And anyway, ifhe does not empty the square by firing upon the crowd, someone else will. So he might as well do the dirty job himselfto avoid shifting the weight ofthis responsibility onto someone else. And thus, to the devil with such qualms. Life is sufficiently complicated as it is. Let us put it simply: my job as an officer is to obey orders? I obey. On... (shrink)

What course of action do officers have when their conscience is in conflict with their duty? William A. Gouveia, Jr., describes the case of Col. David Hackworth, whose moral indignation at the conduct of the Vietnam War led him to public condemnation of the conflict, and the premature end of his brilliant military career. Gouveia argues that Hackworth's story has continuing relevancy and highlights important issues of the military?civilian relationship in a democracy.

Organizational culture paves the way for employees, shows how one should function in a given organization – it aims to keep it together by adhering to similar values. Thanks to conditions prevailing there, specific rules employees know how they can perform their duties, properly cooperate with others and also how looks like the possibility of professional development, which is very important in the development of human capital. Human capital is people, their skills, creativity and qualifications. Development of capital through (...) competence development has a positive impact on further functioning of the organization, but also on the satisfaction of employees themselves. In the case of retired officers of the Polish Army, who acquired specialized knowledge and valuable skills during their service, it is important to use their capital after the end of service. They can be supplemented with additional courses, training that will enrich their existing potential, and also enable them to find work in the civilian market. A survey was conducted among retired Army officers and employers/supervisors hiring retired officers from 2019 to 2021. The snowball method was used. A qualitative method was used – a survey questionnaire. (shrink)

Medical Officers serving with their national contingents in peacekeeping operations are faced with difficult ethical decisions in regard to their obligations to the local civilian population. Such populations may be under-resourced in regard to medical care, and vulnerable to abuse and exploitation. Though the medical officer may support the local medical services, he/she should never undermine these resources. Adopting a human rights approach and observing the requirements of ethical medicine, aids the doctor in prioritising his/her duties. At times there (...) may be conflict with one’s own military superiors. It is wise to discuss potential difficulties prior to setting out on the mission. Human rights abuses cannot be ignored. The medical officer has a duty to do his/her best to report their observations so as to prevent abuse or to bring it to an end. (shrink)

Under conditions of physiological stress, officers are sometimes required to make split-second life-or-death decisions, where deficits in performance can have tragic outcomes, including serious injury or death and strained police–community relations. The current study assessed the performance of 122 active-duty police officers during a realistic lethal force scenario to examine whether performance was affected by the officer’s level of operational skills training, years of police service, and stress reactivity. Results demonstrated that the scenario produced elevated heart rates, as well as (...) perceptual and cognitive distortions, such as tunnel vision, commensurate with those observed in naturalistic use of force encounters. The average performance rating from the scenario was 59%, with 27% of participants making at least one lethal force error. Elevated stress reactivity was a predictor of poorer performance and increased lethal force errors. Level of training and years of police service had differential and complex effects on both performance and lethal force errors. Our results illustrate the need to critically reflect on police training practices and continue to make evidence-based improvements to training. The findings also highlight that while training may significantly improve outcomes, flawless performance is likely not probable, given the limits of human performance under stress. Implications for the objective reasonableness standard, which is used to assess the appropriateness of force in courts of law, are discussed. (shrink)

This article takes the motorway seriously as a place where the society of traffic can be found and studied. While many kinds of activities are done by drivers and passengers in parallel with driving on the motorway, such as listening to the radio, eating lunch or caring for, or being, children, I focus here on office work. Empirical material from a video-ethnography of one driver doing paperwork and overtaking a slow-moving vehicle ahead is used to examine in detail some (...) of the practices of combining driving and office-duties in the car while in motion. Drawing on the work of Harvey Sacks, the article examines how this mobile society is naturally organized as an architectural configuration brought to life in the practices of driving in traffic. Overlooked phenomena that are orderly stable features of being mobile are analysed, such as ‘overtaking’, ‘tailgating’ and ‘cruising’. Where other writers have used ‘speed’ to theorize the contemporary period, a brief re-specification is offered in the light of the uses, moral and otherwise, of speed within, and as made apprehensible in relation to, traffic. (shrink)

BackgroundPublic Safety Personnel are routinely exposed to human suffering and need to make quick, morally challenging decisions. Such decisions can affect their psychological wellbeing. Participating in or observing an event or situation that conflicts with personal values can potentially lead to the development of moral injury. Common stressors associated with moral injury include betrayal, inability to prevent death or harm, and ethical dilemmas. Potentially psychologically traumatic event exposures and post-traumatic stress disorder can be comorbid with moral injury; however, moral injury (...) extends beyond fear to include spiritual, cognitive, emotional or existential struggles, which can produce feelings of severe shame, guilt, and anger.ObjectiveThis scoping review was designed to identify the extant empirical research regarding the construct of moral injury, its associated constructs, and how it relates to moral distress in firefighters, paramedics, and police officers.MethodsA systematic literature search of peer-reviewed research was conducted using databases MEDLINE, EMBASE, APA PsychInfo, CINHAL PLUS, Web of Science, SCOPUS, and Google Scholar. Included studies were selected based on the inclusion criteria before being manually extracted and independently screened by two reviewers.ResultsThe initial database search returned 777 articles, 506 of which remained after removal of duplicates. Following review of titles, abstracts, and full texts, 32 studies were included in the current review. Participants in the articles were primarily police officers, with fewer articles focusing on paramedics and firefighters. There were two studies that included mixed populations. Most studies were qualitative and focused on four topics: values, ethical decision-making, organizational betrayal, and spirituality.ConclusionPublic safety organizations appear to recognize the experience of moral distress or moral injury among public safety personnel that results from disconnects between personal core values, formal and informal organizational values, vocational duties, and expectations. Further research is needed to better understand moral distress or moral injury specific to public safety personnel and inform training and treatment in support of public safety personnel mental health. (shrink)

In the current framework of international protection, refugees almost invariably live in states where they hold no formal political status: they cannot vote, they cannot run for office, and they mu...

In this article we examine the true scope of the right Hobbes recognizes, even for the subjects of a State, to life. We hold that the right to live includes the subject's right not to accept to be deprived not only of life but also of limb; a right not to have to kill; a right not to accept to be imprisoned. The sovereign of course has a right to kill, mutilate and arrest but the conflict of his right and (...) the subject's is an original feature of Hobbes's political thought, not to be found for instance in Locke's. Also, since life is motion and desire is a continual progress from one object to another, the mere survival of the subject is not enough to make him content once peace has been achieved. The expression of the subject's discontent is illegal, but it may happen since we can understand the right to live as a right to an ever more ambitious desire. The ruler who wants to avoid discontent and its uncivil effects should in a certain measure pave the way for economic development, in order to permit the subjects to at least partially attain their desire. Obviously this is not a moral duty of the sovereign, but a prudential one, if he does not want to risk losing his office. (shrink)

Throughout the Homo Sacer series, Giorgio Agamben takes seriously the political and philosophical significance of Christian ritual in his archaeology of Western political discourse. In Opus Dei, Agamben argues for the sacrifice of the Mass as the paradigm for the ontology of effectivity, an ontology he sees as still regnant in the West. This ontology depends on the discourse of duty or office, and it begins with the priestly office. The priest’s duty is to be an “animate instrument” (...) in the Mass. However, Agamben’s archaeology contains a massive gap between scholastic theology and Enlightenment political theory—the Protestant Reformation. I argue that Agamben’s hypothesis requires attending to the reformation of the Mass. Examining the works of Luther and Zwingli, I show that in spite of their rejection of the priesthood, the discourse of duty and operativity not only persists but expands through their respective sacramental theologies. (shrink)

Challenging popular and philosophical views, I argue for three main claims. First, political leaders’ worldviews have a deep and underappreciated influence on their official conduct. Second, citizens have a robust claim right to inquire into leaders’ worldviews, and leaders have a corresponding moral duty to provide responses to such inquiries. Third, it is worthwhile for citizens to engage in such inquiry. A citizenry that took this argument seriously would engage in far more searching political inquiry.

The prevailing opinion in our culture is that bribery is in principle wrong. I challenge that view and offer an analysis that suggests that bribery is a morally neutral concept. The analysis closely parallels the legal notions, suggesting that this analysis may have a firm grounding in our own tradition in spite of the prevailing views. To bribe someone is to offer something of value to another with the intent of inducing an action that is contrary to the positional (...) class='Hi'>duties of the office or role of that other person. Whether offering or accepting a bribe is morally correct or incorrect, then, depends entirely upon whether the relevant positional duties have moral backing, all things considered. One virtue of the analysis is that it provides a definition that allows for a cross-cultural comparison that does not impose the standards of one society on those of another but allows for moral judgment. To determine whether a Japanese official has accepted a bribe, for example, one must determine the positional duties of the official as defined in that culture. The analysis also reveals why most believe bribery to be prima facie wrong. This is explained historically by the fact that the concept originally applied exclusively to positional duties in the judicial system, where all believed it to be morally unjustified to transgress duties of impartiality, etc. Finally, the analysis suggests that beliefs about the immorality of commercial bribery rest on the assumption that the positional duties of corporate managers and agents are to abide by the fictitious free-market rules and that the rules of the free market are morally justified. (shrink)

Imāmiyya holds that the theory of imāmate must rely on scriptural evidence and designation and that the Imām, the successor to Muḥammad, is in charge of all political and religious issues. The authority of the Imām includes some religious and social duties such as executing the legal punishments, collecting almsgiving, sustaining social order and declaring holy war. The fulfillment of these duties requires actual leadership of the Imām or his deputy. With the beginning of the great occultation in (...) 329/941, there was an uncertainty among the Imāmiyya followers about who would uphold these responsibilities. In this period, Shīʿī ʿulamā began to undertake the duties of the Imām in order to overcome this uncertainty and to avoid the possible schism. In the beginning, this delegation of authority was limited to the religious sphere; but, later, its scope gradually became wider. This process of delegation of power, which covers a long process, needs to be examined in its various periods. In this study, this subject will be considered with special reference to the scholars of the fifth century of hijra (hijrī). An effort is made in this article to reveal how the issues of the Imām’s powers are discussed in the context of the problem of expanding or narrowing the authority of the scholars who played significant roles in systemization of Uṣūlī (rationalist) thought in the period after Shaykh al-Mufīd.Summary: In the issues of Imām/Caliphate which led to political division among Muslims after the Prophet Muḥammad, Imāmī Shīʿa opines that the Imāmate theory relies on scriptural evidence and designation. According to this theory, apart from scriptural evidence and designation, personal qualities such as immaculacy, knowledge, bravery, and vantage are found in Ali, Ḥasan, Ḥusayn and nine people from the lineage of Ḥusayn. The Imām as a successor to the Prophet Muḥammad is a person who has both religious and political power which includes implementation of punishments, collecting alms, ensuring justice, declaring holy war. For the Imāmī Shīʿa, there is a need for imām or his deputy who has absolute power to fulfill these duties.Imāmī Shīʿa, who held that the disappeared twelfth Imām would return back to restore justice in the world, had to confront various problems in finding solutions to some issues related to the existence of Imām himself, as well as theological issues during the period of great occultation. Particularly, the period of great occultation (329/941), in which the link with the Imām was severed completely, the Shīʿī community were uncertain on how to fulfill the responsibilities of the Imām probably due to the lack of religious sources. Shaykh al-Mufīd draws attention to the issue of khums (a one-fifth share of the spoils of war and of other specified forms of income). In this period of uncertainty, the Shiite scholars came into prominence in order to fill the gap and to prevent the social disorder. Referring to a tawqī‘ (rescript) from the Twelfth Imām, they claimed that they would take responsibility for the Twelfth Imām on his behalf. In the beginning, the delegation of the power was limited to the religious sphere. It was gradually extended to other spheres by the contribution of some scholars. It reached the largest dimension with the implementation of “wilāyat al-faqīh” theory.From that period until our times, the era when Sharīf al-Murtaḍā and his disciples lived can be considered as the beginning of this period. In the fifth century when Sharīf al-Murtaḍā and his disciples lived the delegation of power was limited to the religious sphere. In this article, how the scholars who played a role in the systematization of Uṣūlī thought dealt with the issue of the limits of the authority of Imām and how they defined the role of the Imāmī jurists (faqīh) will be examined.Sharīf al-Murtaḍā and his disciples were sometimes cautious on the issue of the delegation of the power of Imām. They, however, pointed out the role of the faqīh in the occultation period in order to overcome the uncertainty. As a matter of fact, Shaykh al-Ṭūsī and al-Qādī Ibn al-Barrāj made significant contributions to the issues of collection and distribution of khums. However, Sallār al-Daylamī’s contribution to the subject is more crucial. He considered khums as the grace of God and believed that it can be allocated by taking into account the share of the Imām. They put forward the views that explained in details the role of the faqīh in the collection and distribution of alms. Even Ibn al-Barrāj opined that in the absence of Imām and his deputy alms are to be allocated to the Faqihs on the ground that they know better how to distribute it. Therefore, in the absence of Imām and his deputy, by suggesting that faqīh must be in charge of collecting and distributing alms, they proposed a remedy in an early period.On the issue of leading the Friday prayer (ṣalāt al-jum‘a), which is one of the social duties of Imām, Sharīf al-Murtaḍā and his disciples considered the presence of the Imām or his deputy as a condition for a valid Friday prayer. In addition to this condition, Al-Ḥalabī, also added that a person who meets the necessary conditions can be also considered in leading Friday prayer. This addition by Ḥalabī was an important contribution to the solution of the problems encountered during the period of great occultation on both Friday prayer and delegation of Imām religious and political authorities to faqīh. On the other hand, Sallār, another disciple of Sharīf al-Murtaḍā, opposed the idea of the faqīh leading the Friday prayer in the absence of the Imām even when the necessary conditions are met. It can be said that this approach of Sallār led to the opinion of some Imāmis which considered Friday prayer unlawful in the absence of Imām. In the occultation period, Sharīf al-Murtaḍā and his disciples showed a cautious attitude about the implementation of the punishments. They argued that only Imām could implement the punishments. However, the major step was taken by Shaykh Ṭūsī on the issue of who implements the punishments in the occultation period. He argued that the Imām’s designated the faqihs to implement the punishments. In addition to this subject, Shiite scholars discussed the issue of whether a Shiite officer under the reigning rule in the occultation period implemented the punishments. On this issue, Sharīf al-Murtaḍā compiled a treaty untitled Mas’ala fi’l-‘amal ma‘a’al-sulṭan. For him, the main criteria are whether such person has necessary responsibilities and qualifications. Sharīf al-Murtaḍā and his disciples also continued their master’s conciliatory attitude. In the final analysis, the contribution of Sharīf al-Murtaḍā and his disciples on the issue of who will undertake the duties and responsibilities of the Imām is crucial in the systematization of the idea of transferal of the power of the Imām to faqīh including political one. In fact, Sharīf al-Murtaḍā’s advice to take part in the existing administrations has been considered a way out for the scholars who want to establish relations with the authorities in the later periods. (shrink)

_Political Corruption_ by Emanuela Ceva and Maria Paola Ferretti (2021) presents a deontological account of political corruption, understood as an interactive injustice. The aim of the present contribution is to contextualize the authors’ arguments in relation to democracies and through the lens of democracy theory. In particular, it proposes to expand on one of the book’s main theses—namely, that public officials have a moral duty of office accountability towards their colleagues that stems from the nature of public institutions as (...) systems of embodied and interrelated rule-governed roles. In a democratic context, however, officeholders should be accountable not only to their colleagues, but also to citizens, since the latter also occupy an embodied and interrelated rule-governed role in democratic institutions. Consequently, the moral burden of ensuring that public authorities and the public administration operate in a way that conforms with public ethics does not lie exclusively with officeholders or oversight agencies, but, at least in part, with the citizenry. Finally, this contribution shows how democratic innovations could contribute to fighting corruption and to realizing the conception of public ethics advanced in the book. (shrink)

The revolutionary restructuring of the whole of the life of our society, which got under way in the country after the April 1985 Plenum of the Central Committee of the CPSU, is inseparably bound up with a consolidation of the moral foundations of socialist society and the Soviet mode of life. A profound intellectual conviction, the greatest political and moral responsibility for the fate of the country, and an unwavering observance of the Leninist ethics of Bolshevism are the demands now (...) being placed on all Soviet people, but with special urgency on Party members. A concern for the moral purity and honesty of Communists is the prime duty of a Party organization. The Party calls for a most merciless struggle against accommodators, careerists, and opportunists, and against protectionism, family favoritism, nepotism, and promotion of workers on the basis of hometownism and personal loyalty. Party organizations must apply the full rigor of the requirements of the Party statutes to those who compromise the name of Party member and Soviet leader by violating Party duty, the commission of crimes of office, greed, economic featherbedding, and moral dereliction. (shrink)

The article takes up the difficult problem of the so-called disobedience of judges against the background of the experiences of the Polish departure from constitutional democracy in 2015–2020. The special role and responsibility of a judge in the state imposes restrictions on her freedom of opinion in the public sphere. Openly manifesting opposition to government policy, which in the case of an ordinary citizen is only the implementation of human rights and freedoms, may be described as controversial and contrary to (...) applicable ethical regulations. The main thesis of this paper is the assertion that although judges who act as impartial arbitrators in disputes should generally refrain from ostentatiously opposing the actions of political authorities, they are not deprived of the possibility of protest. Also in the exercise of office, and not outside the sphere of their duties, judges should take into account overriding moral values that should be implemented by the legal order, and not the values or declarations guiding the government policies. The integrity of the judge, which prescribes restraint in statements and actions in the public sphere, as well as the care for the dignity of the office held, should not be confused with absolute subordination to the legislature or the executive, even if the judge is obliged to apply the law. The traditional attitude of the members of the judiciary, consisting in focusing only on the application of the law in individual cases and the lack of any political involvement, is being reviewed in the face of the spread of majoritarianism and the law abuse as normal techniques of exercising public authority. The disobedience of judges—although difficult to defend at first sight—may seem to be the only possible way to draw public attention to the corruption of the state system. The ‘disobediant’ judges can even be assigned the role of ‘whistleblowers’, which should help to ease their legal liability or their future rehabilitation. (shrink)

The aim of this paper is to articulate the basic elements of a comprehensive ethic of academic administration, organized around a set of three cardinal virtues: commitment to the good of the institution; good administrative judgment; and conscientiousness in discharging the duties of the office. In addition to explaining this framework and defending its adequacy, the paper develops an account of the nature of integrity, and argues that the three cardinal virtues of academic administration can be captured in (...) the concept of integrity in academic administration. The Aristotelian basis for this framework is summarized, and its central ideas are illustrated through a variety of applications. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:John Gregory and the Invention of Professional Medical Ethics and the Profession of Medicine by Laurence B. McCullough, John Gregory’s Writings on Medical Ethics and Philosophy of Medicine ed. by Laurence B. McCullough, Medicine and Morals in the Enlightenment: John Gregory, Thomas Percival and Benjamin Rush by Lisbeth HaakonssenHeiner F. KlemmeLaurence B. McCullough. John Gregory and the Invention of Professional Medical Ethics and the Profession of Medicine. Dordrecht, (...) Boston, London: Kluwer Academic Publishers, 1998. Pp. xv + 347. Cloth, $140.00.Laurence B. McCullough, editor. John Gregory’s Writings on Medical Ethics and Philosophy of Medicine. Dordrecht, Boston, London: Kluwer Academic Publishers, 1998. Pp. xi + 254. Cloth, $105.00.Lisbeth Haakonssen. Medicine and Morals in the Enlightenment: John Gregory, Thomas Percival and Benjamin Rush. Amsterdam, Atlanta: Rodopi, 1997. Pp. x + 247. Paper, $20.50.The Scottish Enlightenment is widely appreciated for its contributions to philosophy, economics, sociology, law, chemistry, and medicine. The ideas and theories advanced by Hume, Smith, Millar, and Ferguson are still widely debated. John Gregory (1724–1773), important in his own time, is not as well known as some of his friends and colleagues. He was professor of medicine at the University of Edinburgh from 1766 to 1773, where he taught introductory lectures on the theory and practice of medicine. A set of extensive student notes from these lectures, entitled Observations on the Duties and Offices of a Physician, appeared anonymously in 1770. Two years later, Gregory himself published a revised version of his lectures under the title Lectures on the Duties and Qualifications of a Physician. These two books are said to mark the beginnings of professional medical ethics in the English-speaking world. They are also sometimes characterized as having anticipated bioethics.McCullough’s comprehensive John Gregory and the Invention of Professional Medical Ethics and the Profession of Medicine is the first modern intellectual biography of Gregory. Based on extensive research into eighteenth-century institutional context and the study of hitherto unknown manuscripts, he gives a full account of Gregory’s education at Edinburgh and Leiden, and his practice and teaching of medicine at Aberdeen, London, and Edinburgh. He stresses the importance of Gregory’s membership in the Aberdeen Philosophical Society and his close contact with Mrs. Montagu and her Circle for the understanding of his medical ethics. McCullough also shows that Bacon’s experimental method had a decisive influence on Gregory. Gregory took over Bacon’s three offices or ends of medicine: preservation of health, prolonging of life, and curing of diseases. In 1772, perhaps anticipating his premature death from hereditary gout, he added a fourth office, namely easing the pain of dying. Gregory referred mainly to Bacon (and Reid) in his Lectures to make clear how we can enlarge our medical knowledge by the method of experience and observation, pointing out that the progress of medicine had been seriously retarded by the way in which it was taught since Hippocrates. He also thought it was handicapped by the view that only professionals [End Page 535] should practice it, and claimed that even quacks have their advantages because their interest and reputation seldom suffer from the failure of the experiments necessary for the improvement of the medical profession.Gregory also argued that we should regard medicine not as a trade but as an art. In this context the principle of sympathy (or humanity) became important for him. Sympathy was the basis of the central duties in his Lectures. In a time of extreme instability of manners, when medicine was regarded more as a trade than an art, there was no physician-patient relationship based on the epistemological and moral authority of the physician. According to McCullough, it was Gregory who created “the physician-patient relationship as fiduciary. The virtues of the physician as fiduciary—openness to conviction, tenderness, and steadiness—provided for him the moral causes that would gather physicians together into a group worthy of the name, ‘profession,’ in its intellectual and moral senses” (265). The physician should no longer view his patients as moral strangers.McCullough claims that Gregory’s medical ethics is not just of historical interest, providing bioethics with its own history. It is also of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:John Gregory and the Invention of Professional Medical Ethics and the Profession of Medicine by Laurence B. McCullough, John Gregory’s Writings on Medical Ethics and Philosophy of Medicine ed. by Laurence B. McCullough, Medicine and Morals in the Enlightenment: John Gregory, Thomas Percival and Benjamin Rush by Lisbeth HaakonssenHeiner F. KlemmeLaurence B. McCullough. John Gregory and the Invention of Professional Medical Ethics and the Profession of Medicine. Dordrecht, (...) Boston, London: Kluwer Academic Publishers, 1998. Pp. xv + 347. Cloth, $140.00.Laurence B. McCullough, editor. John Gregory’s Writings on Medical Ethics and Philosophy of Medicine. Dordrecht, Boston, London: Kluwer Academic Publishers, 1998. Pp. xi + 254. Cloth, $105.00.Lisbeth Haakonssen. Medicine and Morals in the Enlightenment: John Gregory, Thomas Percival and Benjamin Rush. Amsterdam, Atlanta: Rodopi, 1997. Pp. x + 247. Paper, $20.50.The Scottish Enlightenment is widely appreciated for its contributions to philosophy, economics, sociology, law, chemistry, and medicine. The ideas and theories advanced by Hume, Smith, Millar, and Ferguson are still widely debated. John Gregory (1724–1773), important in his own time, is not as well known as some of his friends and colleagues. He was professor of medicine at the University of Edinburgh from 1766 to 1773, where he taught introductory lectures on the theory and practice of medicine. A set of extensive student notes from these lectures, entitled Observations on the Duties and Offices of a Physician, appeared anonymously in 1770. Two years later, Gregory himself published a revised version of his lectures under the title Lectures on the Duties and Qualifications of a Physician. These two books are said to mark the beginnings of professional medical ethics in the English-speaking world. They are also sometimes characterized as having anticipated bioethics.McCullough’s comprehensive John Gregory and the Invention of Professional Medical Ethics and the Profession of Medicine is the first modern intellectual biography of Gregory. Based on extensive research into eighteenth-century institutional context and the study of hitherto unknown manuscripts, he gives a full account of Gregory’s education at Edinburgh and Leiden, and his practice and teaching of medicine at Aberdeen, London, and Edinburgh. He stresses the importance of Gregory’s membership in the Aberdeen Philosophical Society and his close contact with Mrs. Montagu and her Circle for the understanding of his medical ethics. McCullough also shows that Bacon’s experimental method had a decisive influence on Gregory. Gregory took over Bacon’s three offices or ends of medicine: preservation of health, prolonging of life, and curing of diseases. In 1772, perhaps anticipating his premature death from hereditary gout, he added a fourth office, namely easing the pain of dying. Gregory referred mainly to Bacon (and Reid) in his Lectures to make clear how we can enlarge our medical knowledge by the method of experience and observation, pointing out that the progress of medicine had been seriously retarded by the way in which it was taught since Hippocrates. He also thought it was handicapped by the view that only professionals [End Page 535] should practice it, and claimed that even quacks have their advantages because their interest and reputation seldom suffer from the failure of the experiments necessary for the improvement of the medical profession.Gregory also argued that we should regard medicine not as a trade but as an art. In this context the principle of sympathy (or humanity) became important for him. Sympathy was the basis of the central duties in his Lectures. In a time of extreme instability of manners, when medicine was regarded more as a trade than an art, there was no physician-patient relationship based on the epistemological and moral authority of the physician. According to McCullough, it was Gregory who created “the physician-patient relationship as fiduciary. The virtues of the physician as fiduciary—openness to conviction, tenderness, and steadiness—provided for him the moral causes that would gather physicians together into a group worthy of the name, ‘profession,’ in its intellectual and moral senses” (265). The physician should no longer view his patients as moral strangers.McCullough claims that Gregory’s medical ethics is not just of historical interest, providing bioethics with its own history. It is also of... (shrink)

Suppose that it can be right to grant amnesty from criminal and civil liability to those guilty of political crimes in exchange for full disclosure about them. There remains this important question to ask about the proper form that amnesty should take: Which additional burdens, if any, should the state lift from wrongdoers in the wake of according them freedom from judicial liability? I answer this question in the context of a recent South African Constitutional Court case that considered whether (...) an officer having been granted amnesty for apartheid-era killings should be held to mean that the police force may not discharge him on the ground of having been convicted of a serious offence. The Court ruled that, despite amnesty having been granted to the guilty officer, the police force was permitted to discharge him. I distinguish the major ethical reasons the Court gives for its conclusion, which ultimately appeal to the value of national reconciliation, and I argue not only that the reconciliation-based rationales rest on empirical contingencies for which there is little evidence, but also that their logic in fact provides some reason to reject the Court’s conclusion. Then, I sketch an attractive new theory of right action, grounded on salient sub-Saharan values often associated with talk of ‘ubuntu’, that I maintain provides a stronger, unitary foundation for the Court’s key pronouncements. I conclude by discussing some of the broader implications of the moral theory for related matters, such as the rights of victims in the processes leading up to presidential pardons of those who have committed atrocities and the duties of newspapers with regard to the reputations of the latter. (shrink)

Includes a foreword by Kevin M. Gilmartin, PhD, author of the bestselling Emotional Survival for Law Enforcement: A Guide for Officers and Their Families. This book offers practical, research-based strategies to help police officers improve wellness, strengthen ethical commitments, and boost resilience both on and off-duty. Your power as a police officer does not come from your badge, gear, or tactical skills. It comes from your POWER: police officer wellness, ethics, and resilience. This book offers a research-based approach to dealing (...) with the daily challenges you face in your law enforcement job. It describes personal and professional steps you can take, on-duty and off-duty, to optimize your health and maintain your performance. When you proactively practice the skills, tips, and exercises outlined in this book, you will be better prepared to defuse crisis situations before they happen, and more capable of coping with them when they do. As a law enforcement officer, you deal with enormous challenges on a daily basis. Policing involves daily risks and stressors that can compromise your health, shorten your career, and make life harder on your loved ones. Even if you have a gym or access to counseling at work, you need a personal plan to maintain your overall wellness-physical, cognitive, emotional, social, and spiritual. (shrink)

This volume reprints in a scholar's edition the first English-language texts on bioethics, John Gregory's (1724-1773) Observations on the Duties and Offices of a Physician and on the Method of Prosecuting Enquiries in Philosophy (London, 1770) and Lectures on the Duties and Qualifications of a Physician (London, 1772). Five previously unpublished manuscripts of Gregory's lectures are also included. An introduction places Gregory's medical ethics and philosophy of medicine in their eighteenth-century contexts of Scottish Enlightenment history and culture, Baconian (...) science and philosophy of medicine, medical practice, the feminine and feminist philosophy of the Bluestocking Circle, and moral sense philosophy, particularly David Hume's concept of sympathy, and provides a bibliography of primary and secondary sources as an aid to teaching and future scholarship. The book's index provides access to Gregory's texts, by using both historical terms and current terminology of bioethics. A volume in the subseries Classics of Medical Ethics. (shrink)

This paper deals with the nature and direction of constitutional thinking and practice in Pakistan. It is argued that the country reflects a general malaise of postcolonial societies, characterized by tension between the locus of power in the politico-administrative machinery and the source of legitimacy in the constitution. Under the classical formulation, the constitution represents the way a nation wants to live its collective life in terms of various laws and institutions, as well as the powers and duties of (...) public office-holders. In other words, the institutional-constitutional edifice of the state functions as the vehicle of a nation's life’. One finds comparable theories in the tradition of structural Marxism, for example in Poulantzas, which consider the state as a condensate of the power structure of the society. It is argued that there is a conceptual tension in the formulation of such theories. In the context of postcolonial societies, transplantation of institutions and constitutions from a different era and a different continent played a formative, almost deterministic, role in the way the state's authority was conceived and opera-tionalized. For more than a hundred years, British India remained a laboratory for the implementation of political, economic, legal and administrative values and norms. On the one hand, this shaped the way people came to look at their relations with the state in terms of new implements of power such as non-arbitrary sources of authority, codified law, rational-legal bureaucracy and rule of public representatives. On the other hand, it created the mass public itself which, in due time, rose to stake a claim for societal input into the business of the state. In other words, our discussion needs to go beyond the ahistorical approach to constitutionalism in Pakistan and elsewhere, as embedded in such concepts as the reflection of either the nation's will or the social power structure in a microcosm. The relative autonomy of the state apparatuses of the military, the bureaucracy and the judiciary, as well as constitutional provisions ranging from writ jurisdiction, equality before the law and equality. (shrink)

Francis Bacon and the art of direction -- An art of tempering the mind -- The distempered mind and the tree of knowledge -- A comprehensive culture of the mind -- The end of knowledge -- The study of nature as regimen -- Cultura and medicina animi: an early modern tradition -- The physician of the soul -- Sources -- Genres -- Utility: practical versus speculative knowledge -- Self-love and the fallen/uncultured mind -- The office of reason -- Passions, (...) errors, and assent -- The discipline, the virtues, and habituation -- Virtuoso discipline -- The cure of the mind and Solomon's house -- Passions, errors, and method -- Idols and diseases of the mind -- Epistemic modesty -- The way of inquiry -- A 'union of eyes and hands': the community and objectivity revisited -- Robert Boyle: experience as paideia -- The limits and the 'perfection' of reason -- The weak mind and the virtues of a free inquiry -- Reason and experience -- The Christian philosopher -- John Locke and the education of the mind -- Limits of reason, useful knowledge, and the duty to search for truth -- A natural history of the distempered mind -- The regulation of assent: a perfecting exercise -- The discourse with a friend -- Studying nature -- Lived physics -- The appropriateness of disproportion -- Experience, history, and speculation -- Affective cognition -- Studying 'God's contrivances' -- The study of theology and the growth of the mind -- Worlds and angels -- Reading scripture -- Conclusion. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:John Gregory and the Invention of Professional Medical Ethics and the Profession of Medicine by Laurence B. McCullough, John Gregory’s Writings on Medical Ethics and Philosophy of Medicine ed. by Laurence B. McCullough, Medicine and Morals in the Enlightenment: John Gregory, Thomas Percival and Benjamin Rush by Lisbeth HaakonssenHeiner F. KlemmeLaurence B. McCullough. John Gregory and the Invention of Professional Medical Ethics and the Profession of Medicine. Dordrecht, (...) Boston, London: Kluwer Academic Publishers, 1998. Pp. xv + 347. Cloth, $140.00.Laurence B. McCullough, editor. John Gregory’s Writings on Medical Ethics and Philosophy of Medicine. Dordrecht, Boston, London: Kluwer Academic Publishers, 1998. Pp. xi + 254. Cloth, $105.00.Lisbeth Haakonssen. Medicine and Morals in the Enlightenment: John Gregory, Thomas Percival and Benjamin Rush. Amsterdam, Atlanta: Rodopi, 1997. Pp. x + 247. Paper, $20.50.The Scottish Enlightenment is widely appreciated for its contributions to philosophy, economics, sociology, law, chemistry, and medicine. The ideas and theories advanced by Hume, Smith, Millar, and Ferguson are still widely debated. John Gregory (1724–1773), important in his own time, is not as well known as some of his friends and colleagues. He was professor of medicine at the University of Edinburgh from 1766 to 1773, where he taught introductory lectures on the theory and practice of medicine. A set of extensive student notes from these lectures, entitled Observations on the Duties and Offices of a Physician, appeared anonymously in 1770. Two years later, Gregory himself published a revised version of his lectures under the title Lectures on the Duties and Qualifications of a Physician. These two books are said to mark the beginnings of professional medical ethics in the English-speaking world. They are also sometimes characterized as having anticipated bioethics.McCullough’s comprehensive John Gregory and the Invention of Professional Medical Ethics and the Profession of Medicine is the first modern intellectual biography of Gregory. Based on extensive research into eighteenth-century institutional context and the study of hitherto unknown manuscripts, he gives a full account of Gregory’s education at Edinburgh and Leiden, and his practice and teaching of medicine at Aberdeen, London, and Edinburgh. He stresses the importance of Gregory’s membership in the Aberdeen Philosophical Society and his close contact with Mrs. Montagu and her Circle for the understanding of his medical ethics. McCullough also shows that Bacon’s experimental method had a decisive influence on Gregory. Gregory took over Bacon’s three offices or ends of medicine: preservation of health, prolonging of life, and curing of diseases. In 1772, perhaps anticipating his premature death from hereditary gout, he added a fourth office, namely easing the pain of dying. Gregory referred mainly to Bacon (and Reid) in his Lectures to make clear how we can enlarge our medical knowledge by the method of experience and observation, pointing out that the progress of medicine had been seriously retarded by the way in which it was taught since Hippocrates. He also thought it was handicapped by the view that only professionals [End Page 535] should practice it, and claimed that even quacks have their advantages because their interest and reputation seldom suffer from the failure of the experiments necessary for the improvement of the medical profession.Gregory also argued that we should regard medicine not as a trade but as an art. In this context the principle of sympathy (or humanity) became important for him. Sympathy was the basis of the central duties in his Lectures. In a time of extreme instability of manners, when medicine was regarded more as a trade than an art, there was no physician-patient relationship based on the epistemological and moral authority of the physician. According to McCullough, it was Gregory who created “the physician-patient relationship as fiduciary. The virtues of the physician as fiduciary—openness to conviction, tenderness, and steadiness—provided for him the moral causes that would gather physicians together into a group worthy of the name, ‘profession,’ in its intellectual and moral senses” (265). The physician should no longer view his patients as moral strangers.McCullough claims that Gregory’s medical ethics is not just of historical interest, providing bioethics with its own history. It is also of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:John Gregory and the Invention of Professional Medical Ethics and the Profession of Medicine by Laurence B. McCullough, John Gregory’s Writings on Medical Ethics and Philosophy of Medicine ed. by Laurence B. McCullough, Medicine and Morals in the Enlightenment: John Gregory, Thomas Percival and Benjamin Rush by Lisbeth HaakonssenHeiner F. KlemmeLaurence B. McCullough. John Gregory and the Invention of Professional Medical Ethics and the Profession of Medicine. Dordrecht, (...) Boston, London: Kluwer Academic Publishers, 1998. Pp. xv + 347. Cloth, $140.00.Laurence B. McCullough, editor. John Gregory’s Writings on Medical Ethics and Philosophy of Medicine. Dordrecht, Boston, London: Kluwer Academic Publishers, 1998. Pp. xi + 254. Cloth, $105.00.Lisbeth Haakonssen. Medicine and Morals in the Enlightenment: John Gregory, Thomas Percival and Benjamin Rush. Amsterdam, Atlanta: Rodopi, 1997. Pp. x + 247. Paper, $20.50.The Scottish Enlightenment is widely appreciated for its contributions to philosophy, economics, sociology, law, chemistry, and medicine. The ideas and theories advanced by Hume, Smith, Millar, and Ferguson are still widely debated. John Gregory (1724–1773), important in his own time, is not as well known as some of his friends and colleagues. He was professor of medicine at the University of Edinburgh from 1766 to 1773, where he taught introductory lectures on the theory and practice of medicine. A set of extensive student notes from these lectures, entitled Observations on the Duties and Offices of a Physician, appeared anonymously in 1770. Two years later, Gregory himself published a revised version of his lectures under the title Lectures on the Duties and Qualifications of a Physician. These two books are said to mark the beginnings of professional medical ethics in the English-speaking world. They are also sometimes characterized as having anticipated bioethics.McCullough’s comprehensive John Gregory and the Invention of Professional Medical Ethics and the Profession of Medicine is the first modern intellectual biography of Gregory. Based on extensive research into eighteenth-century institutional context and the study of hitherto unknown manuscripts, he gives a full account of Gregory’s education at Edinburgh and Leiden, and his practice and teaching of medicine at Aberdeen, London, and Edinburgh. He stresses the importance of Gregory’s membership in the Aberdeen Philosophical Society and his close contact with Mrs. Montagu and her Circle for the understanding of his medical ethics. McCullough also shows that Bacon’s experimental method had a decisive influence on Gregory. Gregory took over Bacon’s three offices or ends of medicine: preservation of health, prolonging of life, and curing of diseases. In 1772, perhaps anticipating his premature death from hereditary gout, he added a fourth office, namely easing the pain of dying. Gregory referred mainly to Bacon (and Reid) in his Lectures to make clear how we can enlarge our medical knowledge by the method of experience and observation, pointing out that the progress of medicine had been seriously retarded by the way in which it was taught since Hippocrates. He also thought it was handicapped by the view that only professionals [End Page 535] should practice it, and claimed that even quacks have their advantages because their interest and reputation seldom suffer from the failure of the experiments necessary for the improvement of the medical profession.Gregory also argued that we should regard medicine not as a trade but as an art. In this context the principle of sympathy (or humanity) became important for him. Sympathy was the basis of the central duties in his Lectures. In a time of extreme instability of manners, when medicine was regarded more as a trade than an art, there was no physician-patient relationship based on the epistemological and moral authority of the physician. According to McCullough, it was Gregory who created “the physician-patient relationship as fiduciary. The virtues of the physician as fiduciary—openness to conviction, tenderness, and steadiness—provided for him the moral causes that would gather physicians together into a group worthy of the name, ‘profession,’ in its intellectual and moral senses” (265). The physician should no longer view his patients as moral strangers.McCullough claims that Gregory’s medical ethics is not just of historical interest, providing bioethics with its own history. It is also of... (shrink)

Surveys of the German public have revealed a high acceptance of social freezing, i.e. oocyte conservation without medical indication. Up to now, there are no investigations available on the experiences and attitudes of health professionals towards social freezing. Between August 2015 and January 2016, we surveyed gynecologists Germany-wide on the topic social freezing. Five gynecologists specialized in reproductive medicine and five office-based gynecologists in standard care were chosen for the survey. The survey was conducted with an explorative, qualitative research (...) design. The demand for social freezing in Germany is low. With regard to their fertility age, most women attend consultations too late, they have only little previous knowledge and false expectations. The gynecologists consider it the duty of society and politics to provide for the compatibility of family and work. They relate late parenthood to disadvantages primarily for the children. A majority of the gynecologists interviewed tend to advise natural reproduction. Social freezing is often mistaken as a kind of fertility insurance. Thus, it is necessary that physicians inform women early about the possibilities and limitations of social freezing. In the first place, social freezing is not a medical or medical-ethical topic. Women consider the method as a possibility to ensure the compatibility of family and work. This compatibility should be mostly perceived as a political topic. It cannot be a medical task to solve this issue. In fact, a debate in society as a whole is necessary that includes all relevant actors. (shrink)

This book challenges the World Medical Associationâ (TM)s (WMA) International Code of Ethics statement in 2004, which declared that â ~medical ethics in armed conflict is identical to medical ethics in times of peaceâ (TM). This is achieved by examining the professional, ethical, and legal conflicts in British Military healthcare practice that occur in three distinct military environments. These are (i) the battlefield, (ii) the operational environment and (iii) the non-operational environment. As this conflict is exacerbated by the need to (...) achieve Operational Effectiveness, this book also explores the dual loyalty conflict that Military Health Care Professionals (MHCPs) encounter between following military orders and professional codes of practice. The method used to challenge the WMAâ (TM)s statement and explore these conflicts is the use of real-life problem-solving vignettes, which mirror actual ethical and professional conflicts and dilemmas that may occur in the three environments. The areas of law analysed similarly reflect the difficulties that MHCPs face when caring for the sick and wounded in violent locations when under attack. In particular, the book questions whether it is right for a MHCP to owe their patients a duty of care in hostile environments. This leads on to questioning if any MHCP could be protected by combat immunity where no duty of care is owed to fellow soldiers in the battlefield. The book also questions whether the standard of care should be variable in hostile environments. It also explores the dual loyalty conflict of a wounded senior officer refusing treatment from a junior officer. In addition, it examines the difficulties of a doctor maintaining patient confidentiality when a soldier refuses treatment for a psychological injury but wishes to redeploy to the battlefield. The book successfully challenges the WMAâ (TM)s statement. It also concludes by suggesting that neither a military-focused approach nor a professional healthcare-focused approach towards military healthcare is the best way to solve the dual loyalty conflict. (shrink)

In “Institutions and the Demands of Justice,” Liam Murphy ~1999! makes a distinction between two approaches to normative political theory. He labels these two positions “dualism” and “monism.” The former maintains that “the two practical problems of institutional design and personal conduct require, at the fundamental level, two different kinds of practical principle” ~1999: 254!. The most influential proponent of dualism is John Rawls. In A Theory of Justice Rawls defends his theory of “justice as fairness,” which recognizes a division (...) of responsibility between the principles that apply to the main social, economic and political institutions of society, and the principles that apply to individuals. Institutions are to be arranged so that citizens’ basic rights and liberties are protected and social and economic inequalities are to the greatest benefit of the least advantaged and attached to offices and positions open to all under conditions of fair equality of opportunity. The principles that apply to individuals include various principles of natural duty, as well as the principle of fairness. These principles impose on citizens a diverse array of duties and obligations, such as the duties of mutual respect and mutual aid. (shrink)

Political philosophers rarely take on the topic of political corruption, despite the fact that corruption is so costly to human wellbeing, and so clearly separates well-governed from poorly governed polities. Ceva and Ferretti's book is the most complete attempt to remedy this deficit to date. Their key contribution is to conceptualize institutions in such a way that the offices they define link clearly to public ethics. Officeholders are accountable for their power mandate, not just within a hierarchy, but ethically, because (...) their duties serve the public purposes that justify the institution. This said, their approach works best for impartial institutions in which the public duties of offices are clear and actionable, such as professional bureaucracies. We also need an ethically driven conception of political corruption for political institutions that contain and channel political partiality, especially democratic institutions within which the ethical purposes of public legislation are argued, deliberated, and voted. Extending a public ethics account of political corruption to democratic institutions can and should be a next step in this important project. (shrink)

In describing his seven and a half years as a prisoner of war in North Vietnam, the late Vice Admiral James B. Stockdale has said: "In that atmosphere of death and hopelessness, stripped of the niceties, the amenities of civilization, my ideas on life and leadership crystallized." Despite torture, intimidation, and isolation, Stockdale fulfilled his duties as senior officer among the prisoners with intelligence and courage, defining rules of conduct and maintaining morale. He often described the intense pressures of (...) that situation as a "melting" experience, in which preconceived feelings, fears, and bias melt as one comes to realize that, under the gun, you must grow or fail—or, in some cases, grow or die. This collection of his essays and speeches from the 1980s and 1990s reinforces how that experience formed a lifelong basis for his philosophical thought on issues of character, leadership, integrity, personal and public virtue, and ethics. The selections in this volume all reflect, in one way or another, a central theme: how man can rise with dignity to prevail in the face of adversity. (shrink)

A critical issue facing the criminal justice system today is how best to promote ethical behavior by public prosecutors. The legal profession has left much of a prosecutor’s day-to-day activity unregulated, in favor of a general, catch-all admonition to “seek justice.” In this article the author argues that professional norms are truly functional only if those working with a given ethical framework recognize the system’s implicit dependence on character. A code of professional conduct in which this dependence is not recognized (...) is both contentless and corrupting. Building on the ethics of Aristotle and modern philosophers Alasdair MacIntyre and Bernard Williams, the author argues that virtue theory can help bridge the gaps in prosecutorial ethics where other forms of moral reasoning fail. The author analyzes three especially difficult ethical problems frequently confronted by prosecutors in the field. He demonstrates not only that the Model Rules of Professional Conduct and the ABA Criminal Justice Standards fail to answer any of these complex questions, but also that future attempts to more closely regulate how prosecutors should act in any of these nuanced situations are unlikely to succeed. The author argues that honesty, fairness, courage, and prudence are the primary virtues that citizens have a right to expect of their public prosecutors. He then demonstrates how these four key virtues might provide important guidance to conscientious prosecutors striving to do what is right. The author concludes by offering several insights into how the field of virtue ethics might inform both the structure and organization of government law offices, and the manner in which individual prosecutors working within these offices might perceive and fulfill their professional roles. (shrink)

Terrorism, the use of military force in Afghanistan, Iraq and Syria, and the fatal police shootings of unarmed persons have all contributed to renewed interest in the ethics of police and military use of lethal force and its moral justification. In this book, philosopher Seumas Miller analyzes the various moral justifications and moral responsibilities involved in the use of lethal force by police and military combatants, relying on a distinctive normative teleological account of institutional roles. His conception constitutes a novel (...) alternative to prevailing reductive individualist and collectivist accounts. As Miller argues, police and military uses of lethal force are morally justified in part by recourse to fundamental natural moral rights and obligations, especially the right to personal self-defense and the moral obligation to defend the lives of innocent others. Yet the moral justification for police and military use of lethal force is to some extent role-specific. Both police officers and military combatants evidently have an institutionally-based moral duty to put themselves in harm's way to protect others. Under some circumstances, however, police have an institutionally based moral duty to use lethal force to uphold the law; and military combatants have an institutionally based moral duty to use lethal force to win wars. Two key notions in play are joint action and the natural right to self-defense. Miller uses a relational individualist theory of joint actions to construct the notion of multi-layered structures of joint action in order to explicate organizational action. He also provides a novel theory of justifiable killing in self-defense. Over the course of his book, Miller covers a variety of urgent topics, such as police shootings of armed offenders, police shooting of suicide-bombers, targeted killing, autonomous weapons, humanitarian armed intervention, and civilian immunity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 20 (2000) 59-69 [Access article in PDF] Buddhist Views on Ritual Pactice Protestant Character of Modern Buddhist Movements Yukio MatsudoUniversity of HeidelbergWhat is the relationship between ritual and ethical activities in Nichiren Buddhism, as practiced in the Soka Gakkai (SG)? SG is a lay Buddhist organization which is, as such, involved extensively in secular affairs, specifically in the field of educational, cultural, social, and peace-promoting programs. The (...) question is, therefore, not at all whether there is a connection of religious practice and ethical activities. Rather it begs an explanation regarding its ideological background. In this respect a further reflection on a metareflection level would be useful to clarify the "modern" character of SG, which may be discussed in relation to Christian Protestantism since it has been regarded as a spiritual background for the formation of modern ethos such as individualism, egalitarianism, and social engagement. Thus, I will depict the fundamental feature of Nichiren Buddhism as "reformative Buddhism," which makes the practice of Buddhism congruent with "modern" understanding of religious roles in daily life as well as social engagement. On the other hand, I will also discuss some problems being inherent to the Western acculturation of the reformed and "engaged Buddhism." 1 The Ethical Activities of the SG in the World Ethical and Social Aspects of the Movement It is generally well known that the lay Buddhist organization, SG, as a whole has initiated wide and multifaceted activities even in an international level in order to transform its religious ideals into social reality, specifically in the field of educational, cultural, social, and peace-promoting programs. For this purpose it established educational institutes ranging from kindergartens to universities as well as research [End Page 59] institutes such as the Institute of Oriental Philosophy (founded 1961), the Boston Research Center for the 21st Century (founded 1993), the Toda Institute for Global Peace and Policy Research (founded 1996), and other centers for ecological researches. For promoting mutual respect and understanding through cultural expressions and exchanges several institutes have been established, like the Min-On Concert Association (founded 1963), the Tokyo Fuji Art Museum (founded 1991), and La Maison Littéraire de Victor Hugo in Bièvre, France (founded 1992). On a global level, its political involvement is, for a large part, situated as a NGO in the frame of the UNO and the UNESCO. With the help of the UNO, SG has organized all over the world expositions translating its concerns for peace, e.g., "Nuclear War: Threat to our World" and "War and Peace." With the Simon Wiesenthal Center it organized an exhibition "The Courage to Remember: Anne Frank and the Holocaust Exhibition." The issue of human rights is another of its major concerns. Commemorating the forty-fifth anniversary of the United Nations' adoption of the Universal Declaration of Human Rights, SG held an exhibition entitled "Toward the Century of Humanity: An Overview of Human Rights in Today's World" at the UN office in Geneva. Also, money received from fund-raising activities has been donated to the Office of the United Nations High Commissioner for Refugees and related agencies to provide medical supplies and food, and to support educational programs in the areas concerned. To expose the horrors of war, SG has also published life histories written by members about their sufferings in war: "Women against War," "Cries for Peace," and "Peace is our Duty." Segmental Differentiation of Organizational Structure To meet the requirements of functional differentiation of today's modern societal life SG is organized in a segmental and hierarchical structure. The basic structure is the regional units, organized in a hierarchical model, and all members are integrated "in each group" in their residence area. At the same time each member belongs to a specific "division" which is organized according to gender, age, and occupation. There are the four divisions of men, women, young men, and young women. Additionally there are divisions for school boys and girls, university students, as well as divisions according to occupation such as artists, lawyers, medical doctors, academics, and so on. These divisional differentiations reflect the need... (shrink)