I consider the foundational issue of whether we have a right to information that is fundamental in being independent of other rights and general in protecting all information. To this end, I distinguish two kinds of morally relevant value an entity might have, i.e. intrinsic and instrumental value, and explain the role that each has in determining whether a person has a fundamental moral interest in that entity. Next, I argue that, by itself, the claim that some entity E has (...) an informative nature does not justify believing that E has either intrinsic value or instrumental value. Accordingly, I conclude that whatever protection morality provides to our interests in information, such protection does not rise to the level of a right that is either general in the sense that it applies to all information or fundamental in the sense that it is not derived from other more basic rights. (shrink)

In this essay, I consider the relationship between the rights to privacy and security and argue that, in a sense to be made somewhat more precise below, that threats to the right to security outweighs comparable threats to privacy. My argument begins with an assessment of ordinary case judgments and an explanation of the important moral distinction between intrinsic value (i.e., value as an end) and instrumental value (i.e., value as a means), arguing that each approach assigns more moral value, (...) other things being equal, to security interests than to privacy interests. I then consider the issue from with a number of mainstream approaches to normative theories of state legitimacy, including social contract theories (new and old), utilitarian theories, Scanlon's contractualism, and various communitarian theories assign security rights a higher place on the moral hierarchy than privacy rights. I then conclude that, under ordinary intuitions and each of these theories, security interests trump (or outweigh) privacy interests when the two come into “direct” conflict – although I make no attempt to give an algorithm or theory for answering the important question of when these interests come into direct conflict and how to weigh them when, say, minor interests in security conflict with major interests in privacy. (shrink)

In this essay, I describe and explain the standard accounts of agency, natural agency, artificial agency, and moral agency, as well as articulate what are widely taken to be the criteria for moral agency, supporting the contention that this is the standard account with citations from such widely used and respected professional resources as the Stanford Encyclopedia of Philosophy, Routledge Encyclopedia of Philosophy, and the Internet Encyclopedia of Philosophy. I then flesh out the implications of some of these well-settled theories (...) with respect to the prerequisites that an ICT must satisfy in order to count as a moral agent accountable for its behavior. I argue that each of the various elements of the necessary conditions for moral agency presupposes consciousness, i.e., the capacity for inner subjective experience like that of pain or, as Nagel puts it, the possession of an internal something-of-which-it is-is-to-be-like. I ultimately conclude that the issue of whether artificial moral agency is possible depends on the issue of whether it is possible for ICTs to be conscious. (shrink)

Jeremy Waldron is well known for his disdain of U.S. jurisprudential doc- trine that allows courts to invalidate democratically enacted legislation on the ground it violates certain fundamental constitutional (and quasi-moral) rights. He believes that where disagreement on the relevant substantive is- sues is widespread among citizens and officials alike, it is illegitimate for judges to impose their views on the majority by invalidating a piece of enacted law. Even if we assume, plausibly enough, there are objective moral constraints on (...) what restrictions on behavior may be enacted into law, judges have no privileged access to the objective truth and must, like everyone else, rely on their own subjective intuitions and views. Given that judges are hence no more likely than citizens or legislators to reach the correct decision about what morality requires, these disagreements should be democratically resolved. As he puts it, if disagreement about rights is to be sorted out by counting heads, it should be the heads of citizens who have ultimate sovereignty in a democracy, rather than those of unelected judges, that ought to count.In this essay, I consider Wilfrid Waluchow’s response to Waldron’s argument in his outstanding new book, A Common Law Theory of Judicial Re- view, in which he attempts to provide the practice of judicial review with something akin to the foundation that justifies allowing judges authority over the development of the common law. I will begin with a short explication of Waldron’s argument and then consider Waluchow’s objections to Waldron, as well as Waluchow’s living-tree conception of a common-law constitution with content that evolves through a common law approach to reasoning in constitutional disputes.Resumen:A Jeremy Waldron se le conoce por el desprecio que ha manifestado con relación a la doctrina constitucional estadounidense que permite a los tribunales invalidar legislación que ha sido promulgada de manera democrática, dado que según Waldron lo anterior constituye una violación a ciertos derechos constitucionales (y cuasi-morales). Él piensa que si existe un desacuerdo importante entre los ciudadanos y oficiales del derecho en relación con cierto tema sustantivo, es ilegítimo que los jueces impongan sus puntos de vista sobre los de la mayoría de la población al invalidar una ley promulgada. Incluso si suponemos, de manera lo suficientemente plausible, que existen limitantes morales objetivas sobre las restricciones que el derecho puede contemplar en relación con el comportamiento de los ciudadanos, los jueces no gozan de un privilegio especial con el que puedan acceder a estas verdades objetivas y deben, como todos los demás, basarse en sus propios puntos de vista e intuiciones subjetivas. Entonces, dado que los jueces al igual que los ciudadanos y legisladores no pueden llegar a mejores y correctas decisiones en relación con lo que exige la moralidad, estos desacuerdos se deben decidir de manera democrática. Como sostiene Waldron, si los desacuerdos sobre los derechos se deben decidir con un recuento de manos, deben ser las manos de los ciudadanos, los cuales tienen la soberanía última en una democracia, no así los jueces que no son electos.En este artículo, el autor analiza la respuesta de Wilfrid Waluchow a los argumentos de Waldron, los cuales se encuentran plasmados en el nuevo e interesante libro: A Common Law Theory of Judicial Review, donde Waluchow intenta justificar la práctica del judicial review a través de algo parecido a la justificación que otorga a los jueces autoridad para desarrollar el common law. El autor inicia con una breve explicación del argumento de Waldron y continúa con las objeciones de Waluchow a Waldron, entre las cuales destaca la concepción de Waluchow de la Constitución como árbol viviente. (shrink)

U ovom radu nastojim da čitaoce uvedem u problemsku oblast konceptualne analize pravnih pojmova i njene metodologije. Pokušavam da, na prilično bazičnom nivou, objasnim šta je konceptualna analiza, na koji način se ona obavlja i zašto je ona važna za teoriju prava. Takođe nastojim i da objasnim na koji način je konceptualna analiza povezana sa drugim oblastima filozofije, kao što su metafizika i epistemologija. Zatim, objašnjavam poduhvat u koji se konceptualna jurisprudencija upušta – da opiše ona svojstva po kojima se (...) stvari koje jesu pravo razlikuju od stvari koje nisu pravo, koja svojstva prvopomenute stvari čine pravom. Pritom sam to objašnjenje ilustrovao, nadam se, jasnim primerima. Takođe sam dao objašnjenje i procenu tri različita metodološka pristupa. Na kraju sam razmotrio praktički značaj konceptualne jurisprudencije. | Ovaj je prijevod izvorno objavljen u knjizi Bojan Spaić i Damir Banović, Problemi savremene pravne i političke filozofije. (shrink)

Much has been written about stakeholder analysis as a process by which to introduce ethical values into management decision-making. This paper takes a critical look at the assumptions behind this idea, in an effort to understand better the meaning of ethical management decisions.A distinction is made between stakeholder analysis and stakeholder synthesis. The two most natural kinds of stakeholder synthesis are then defined and discussed: strategic and multi-fiduciary. Paradoxically, the former appears to yield business without ethics and the latter appears (...) to yield ethics without business. The paper concludes by suggesting that a third approach to stakeholder thinking needs to be developed, one that avoids the paradox just mentioned and that clarifies for managers (and directors) the legitimate role of ethical considerations in decision-making. (shrink)

_Conscience and Corporate Culture_ advances the constructive dialogue on a moral conscience for corporations. Written for educators in the field of business ethics and practicing corporate executives, the book serves as a platform on a subject profoundly difficult and timely. Written from the unique vantage point of an author who is a philosopher, professor of business administration, and a corporate consultant A vital resource for both educators in the field of business ethics and practicing corporate executives Forwards the constructive dialogue (...) on a moral conscience for corporations Offers a philosophical and practical approach to considering business ethics. (shrink)

Opening with Ford Motor Company as a case in point, this essay develops a broad and systematic approach to the field of business ethics. After an analysis of the form and content of the concept of responsibility, the author introduces the principle of moral projection as a device for relating ethics to corporate policy. Pitfalls and objections to this strategy are examined and some practical implications are then explored.The essay not only defends a proposition but exhibits a research style and (...) a research program. Philosophical ethics and organizational management are joined in the process. (shrink)

We address how the leaders of a Catholic business school can articulate and assess how well their schools implement the following six principles drawn from Catholic social teaching : produce goods and services that are authentically good; foster solidarity with the poor by serving deprived and marginalized populations; advance the dignity of human work as a calling; exercise subsidiarity; promote responsible stewardship over resources; and acquire and allocate resources justly. We first discuss how the CST principles give substantive content and (...) meaning to the Good Goods, Good Work, and Good Wealth framework in The Vocation of the Business Leader and then discuss their congruencies and tensions with the UNGC and UNPRME principles. Next, we describe the Catholic Identity Matrix, an assessment tool that provides a quantitative and qualitative portrait of how well a Catholic business school integrates, within the scope of its mission and capacities, the three goods and related CST principles in its strategies, policies, activities, and processes. The concluding section discusses implications for ongoing UNGC and UNPRME assessment, reporting, and development efforts, and addresses the generalizability of our approach to business schools who draw their inspiration and moral principles from other faith-based or secular traditions. (shrink)

Casuistry is a process of reasoning that focuses upon specific cases or moral problems, as opposed to a general study of ethical theories. In this broad sense every moral philosopher may be regarded as a casuist in some form. The term also has a narrower meaning as it refers to a group of moralists who, in the 16th and 17th century, systematically adopted this method. Casuistry is now one of the options for those who, in the framework of the post-modern (...) anti-systematic attitude, still feel the importance of serious moral debate and reject easy-minded relativism. (shrink)

Excerpt from Some Principles of Moral Theology: And Their Application The present book is an attempt to bring together, from the Bible and from Christian experience, the principles which have guided the Church in dealing with individual souls; to test those principles by the light of modern knowledge; and to apply them to present-day conditions and needs. Some of the traditional terminology of moral theology has been discarded; much has been retained, either because it seemed the best medium for expressing (...) what had to be expressed, or because it would have been impossible otherwise to indicate the development and formulation of Christian thought on the subject. Thus the book may prove of interest not merely to the clergy and others who are confronted by the practical problems of conduct and morality, but also to students entering upon the study of moral theology for its own sake. The Church of England affords her clergy singularly little expert guidance in this matter of the direction of souls. Two branches of the subject - those which go by the names of Christian ethics and the theory and practice of the confessional respectively - have indeed been systematically and fully treated by recent writers and there is a wealth of practical experience to be drawn both from manuals of pastoral theology and from biographies. Moral theology, however, as will appear, com prises much more than the two topics just mentioned. Yet within the last fifty years, apparently, only three books have attempted to present the whole content of moral theology in such a form as should guide the theory and practice of the Church of England, and all three are out of print and consequently difficult of access. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

This paper explains and defends three basic propositions: (1) that our attitudes (particularly American attitudes) towardorganizational ethics are conflicted at a fairly deep level; (2) that in response to this conflict in our attitudes, we often default to variouscounterfeits of conscience (non-moral systems that serve as surrogates for the role of conscience in organizational settings); and(3) that a better response (than relying on counterfeits) would be for leaders to foster a culture of ethical awareness in their organizations. Some practical suggestions (...) are made about fostering such a culture, and a comparison is made between this late-20th-century response to the problem of counterfeits and the classic “naturalistic fallacy” identified in early-20th-century ethics by G. E. Moore. (shrink)

Our approach in this response is as folIows. In § I, we try to identify accurately Boatright’s central claims-both about Goodpaster’s original paper and about matters of substance independent of that paper. In § 2 and 3, we discuss the plausibility of those claims, first from a legal point of view and then from a moral point of view. Finally, in § 4, we defend the concept of paradox (and, in particular, the Stakeholder Paradox) as a limitation on practical reason (...) which is not necessarily to be lamented. In fact, we believe, some paradoxes are better preserved from rather than guided toward resolution. (shrink)

Contrary to W. Murray Hunt’s suggestion, living things deserve moral consideration and inanimate objects do not precisely because living things can intelligibly be said to have interests (and inanimate objects cannot intelligibly said to have interests). Interests are crucial because the concept of morality is noncontingently related to beneficence or nonmaleficence, notions which misfire completely in theabsence of entities capable of being benefited or harmed.

Contrary to W. Murray Hunt’s suggestion, living things deserve moral consideration and inanimate objects do not precisely because living things can intelligibly be said to have interests (and inanimate objects cannot intelligibly said to have interests). Interests are crucial because the concept of morality is noncontingently related to beneficence or nonmaleficence, notions which misfire completely in theabsence of entities capable of being benefited or harmed.

This paper addresses the relationship between theoretical and applied ethics. It directs philosophical attention toward the concept of ideology, conceived as a bridge between high-level principles and decision-making practice. How are we to understand this bridge and how can we avoid the naturalistic fallacy while taking ideology seriously?It is then suggested that the challenge posed by ideology in the arena of organizational ethics is in many ways similar to the challenge posed by developmentalist accounts of moral stages in the arena (...) of individual ethics, namely, how to account for the normative force of frameworks that are theoretically derivative yet practically essential. (shrink)

The ultimate challenge with which we are presented in connection with social investing is no more and no less than this: enhancing the function of conscience in the modern global business corporation. As with individual conscience, however, corporate conscience can be influenced in two ways: from the inside and from the outside. Investment decisions provide external influences, while management values provide influence from the inside.

This article attempts to answer the question, “What are the most important ideas from serving as Executive Editor of the five‐year history project that culminated in the book, Corporate Responsibility: The American Experience?” The ideas focus on clarifying the phenomenon of tenacity; looking at three foundations of our tenacity; and asking “How fragile is our tenacity?” This article also presents three foundational principles that underlie the American experience of corporate responsibility. First, the Checks & Balances Principle tells us that there (...) are checks and balances in democratic capitalism which give us confidence that the pursuit of economic goals will be moderated for the common good. Second, the Moral Projection Principle shows that there is good reason to consider the corporation not only as a legal person under corporate law but also as a moral person. And, last, the Moral Common Ground Principle reflects that there are shared moral values ascertainable by well‐developed consciences in individuals and in corporations. The article concludes with this argument: The tenacity regarding corporate responsibility that has been so characteristic of American capitalism is fragile—calling for serious vigilance if it is to endure. (shrink)

This book looks at facets in the history of capitalism from the Enlightenment period, through the emergence of the American Empire in the Pacific, and to the contemporary era of neoliberal globalization. This re-telling of history is done by drawing from the works of E. San Juan, Jr., considered arguably one of the great contemporary cultural and literary critics of our time. In this author's view, San Juan's lifetime of works offer a living documentation of, among others, the history and (...) thought of the modern world highlighted by the rise of capitalism through the contemporary era of neoliberal globalization, and shepherded to its hegemonic status by what stands today as the preeminent empire of the United States. The book underscores the symbiosis between contemporary capitalism as an economic system based on accumulation on the one hand, and the American imperial state on the other, just as it revisits the colonial project that was carried out in capitalism's wake, the violence and subjugation inflicted on its victims, and how this colonial project has morphed into a new form of colonialism maintained and enforced through the rules and institutional mechanisms of what is popularly known as neoliberal globalization that also provides the ideological and legal rationale for the commodification and the ultimate grab of the global commons reminiscent of the classical, albeit cruder, form of colonialism. (shrink)

Education, by B. H. Streeter.--Marriage, by K. E. Kirk.-- Patriotism, by J. P. R. Maud.--Social inequalities, by C. R. Morris.--Earning and spending, by R. L. Hall.--Gambling, by R. C. Mortimer.--Ethics and religion, by J. S. Bezzant.

In this paper we describe and explore a management tool called the Caux Round Table Self-Assessment and Improvement Process (SAIP). Based upon the Caux Round Table Principles for Business — a stakeholder-based, transcultural statement of business values — the SAIP assists executives with the task of shaping their firm’s conscience through an organizational self-appraisal process. This process is modeled after the self-assessment methodology pioneered by the Malcolm Baldrige National Quality Award Program. After briefly describing the SAIP, we address three topics. (...) First, we examine similarities and differences between the Baldrige approach to corporate self-assessment and the self-assessment process utilized within the SAIP. Second, we report initial findings from two beta tests of the tool. These illustrate both the SAIP’s ability to help organizations strengthen their commitment to ethically responsible conduct, and some of the tool’s limitations. Third, we briefly analyze various dimensions of the business scandals of 2001–2002 (Enron, WorldCom, Tyco, etc.) in light of the ethical requirements articulated with the SAIP. This analysis suggests that the SAIP can help link the current concerns of stakeholders — for example, investors and the general public — to organizational practice, by providing companies with a practical way to incorporate critical lessons from these unfortunate events. (shrink)

In this article two broad ideals or 'umbrella' concepts in management ethics—one Eastern and one Western—are examined, with an eye toward explaining their fundamental similarities. Beyond ques tions of meaning and conceptual analysis, however, are questions of implementation. Institutional izing an ethical orientation—Eastern or Western—is the theme of the last part of the article. Different approaches to institutionalization are discussed and a strategy is suggested for making the 'umbrella' concepts part of the operating systems of organizations.