Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse (...) traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.This book shows that civil disobedience is generally more defensible than private conscientious objection.Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness. According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing.The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience.Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. (shrink)

The purpose of this paper is not to define civil disobedience, but to identify a paradigm case of civil disobedience and the features exemplified in it. After noting the benefits of this methodological approach, the paper proceeds with an examination of two key, interconnected features: conscientiousness and communication. First, a link is made between the conscientious aspect of civil disobedience and moral consistency; a civil disobedient demonstrates a conscientious commitment to certain values through her willingness to condemn, and to dissociate (...) herself from, governmental decisions that violate those values. A parallel is then drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. Both practices are associated with an aim to demonstrate protest against certain types of conduct and an aim to bring about a change in that conduct. In paradigm situations, a civil disobedient aims to lead policymakers not only to reform existing law, but also to internalise her objections so as to produce a lasting change in the law. Having such aims places some constraints upon the modes of communication that she reasonably may use to achieve these aims. This paper concludes by considering three controversial modes of communication -- coercion, publicity and violence. (shrink)

Background Institutional review board (IRB) expertise is necessarily limited by maintaining a manageable board size. IRBs are therefore permitted by regulation to rely on outside experts for review. However, little is known about whether, when, why, and how IRBs use outside experts.Methods We conducted a national survey of U.S. IRBs to characterize utilization of outside experts. Our study uses a descriptive, cross-sectional design to understand how IRBs engage with such experts and to identify areas where outside expertise is most frequently (...) requested.Results The survey response rate was 18.4%, with 55.4% of respondents reporting their institution’s IRB uses outside experts. Nearly all respondents who reported using outside experts indicated they do so less than once a month, but occasionally each year (95%). The most common method of identifying an outside expert was securing a previously known subject matter expert (83.3%). Most frequently, respondents sought consultation for scientific expertise not held by current members (69.6%). Almost all respondents whose IRBs had used outside experts reported an overall positive impact on the IRB review process (91.5%).Conclusions Just over half of the IRBs in our sample report use of outside experts; among them, outside experts were described as helpful, but their use was infrequent overall. Many IRBs report not relying on outside experts at all. This raises important questions about what type of engagement with outside experts should be viewed as optimal to promote the highest quality review. For example, few respondents sought assistance from a Community Advisory Board, which could address expertise gaps in community perspectives. Further exploration is needed to understand how to optimize IRB use of outside experts, including how to recognize when expertise is lacking, what barriers IRBs face in using outside experts, and perspectives on how outside expert review impacts IRB decision-making and review quality. (shrink)

What factors in the organizational culture of an ethically exemplary corporation are responsible for encouraging ethical decision making? This question was analyzed through an exploratory case study of a top pharmaceutical company that is a global leader in ethics. The participating organization is renowned in public opinion polls of ethics, credibility, and trust. This research explored organizational culture, communication in issues management and public relations, management theory, and deontological or utilitarian moral philosophy as factors that might encourage ethical analysis. Our (...) understanding of organiza tional ethics is enhanced by elucidating factors the case revealed as encouraging ethical analysisan organizational culture that emphasizes the importance of ethics, Theory Y management, a symmetrical worldview valuing innovation and dialogue, a counseling role for issues management or public relations in the dominant coalition, rewarding ethical behavior, ethical analysis using moral philosophy, consistency between individual values and organizational philosophy, and ethics training. These factors, and perhaps others as yet unidentified, worked together to create an environment that encouraged ethical decision making at the exemplar organization. (shrink)

Arendt's innovation is to recognize that this countenancing of others is an aesthetic experience that creates the political world.Curtis plumbs the relevance of ...

There is a tension between our need for associative control and our need for social connections. This tension creates ethical dilemmas that we can call each-we dilemmas of sociability. To resolve these dilemmas, we must prioritize either negative moral rights to dissociate or positive moral rights to social inclusion. This article shows that we must prioritize positive social rights. This has implications both for personal morality and for political theory. As persons, we must attend to each other's basic social needs. (...) As a society, we must adopt a sufficientarian approach to the regulation of social resources. (shrink)

Pezdek and Lam [Pezdek, K. & Lam, S. . What research paradigms have cognitive psychologists used to study “False memory,” and what are the implications of these choices? Consciousness and Cognition] claim that the majority of research into false memories has been misguided. Specifically, they charge that false memory scientists have been misusing the term “false memory,” relying on the wrong methodologies to study false memories, and misapplying false memory research to real world situations. We review each of these claims (...) and highlight the problems with them. We conclude that several types of false memory research have advanced our knowledge of autobiographical and recovered memories, and that future research will continue to make significant contributions to how we understand memory and memory errors. (shrink)

This chapter evaluates whether AI systems are or will be rights-holders, explaining the conditions under which people should recognize AI systems as rights-holders. It develops a skeptical stance toward the idea that current forms of artificial intelligence are holders of moral rights, beginning with an articulation of one of the most prominent and most plausible theories of moral rights: the Interest Theory of rights. On the Interest Theory, AI systems will be rights-holders only if they have interests or a well-being. (...) Current AI systems are not bearers of well-being, and so fail to meet the necessary condition for being rights-holders. This argument is robust against a range of different objections. However, the chapter also shows why difficulties in assessing whether future AI systems might have interests or be bearers of well-being—and so be rights-holders—raise difficult ethical challenges for certain developments in AI. (shrink)

The quality of a research study application sends a distinct signal to the institutional review board (IRB) about the skills, capacities, preparation, communication, experience, and resources of its authors. However, efforts to research and define IRB application quality have been insufficient. Inattention to the quality of an IRB application is consequential because the application precedes IRB review, and perceptions of quality between the two may be interrelated and interdependent. Without a clear understanding of quality, IRBs do not know how to (...) define quality and researchers do not know how to achieve quality. This position has not been systematically studied to date, and future research could provide much-needed empirical validation. This paper lays the conceptual groundwork for future investigation into what constitutes quality in an IRB application. It includes a landscape review of multidisciplinary research on quality, as well as a discussion of quality frameworks analogous to research with human participants that exist in the published literature. It also examines the background and significance of federal research regulations, regulatory burdens, researchers’ regulatory literacy, and the roles and responsibilities of IRB professionals within this ecosystem. (shrink)

Brownlee rethinks human rights theory to reflect the fact that we are deeply social creatures. Our core social needs, for meaningful social inclusion, are more important than, and essential to, our civil, political, and economic needs. This grounds a right against social deprivation and a right to the resources to sustain other people.

A parallel may be drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. In punishing an offender, the state seeks to communicate both its condemnation of the crime committed and its desire for repentance and reformation on the part of the offender. Similarly, in civilly disobeying the law, a disobedient seeks to convey both her condemnation of a certain law or policy and her desire for recognition that a lasting change in (...) policy is required. When disobedients and authorities target each other, their confrontation allows for a direct comparison of the respective justifiability of their conduct. Their confrontation is explored in this paper with an eye to analysing how civil disobedients and authorities should engage with each other. (shrink)

My aim is to vindicate two distinct and important moral categories – ideals and aspirations – which have received modest, and sometimes negative, attention in recent normative debates. An ideal is a conception of perfection or model of excellence around which we can shape our thoughts and actions. An aspiration, by contrast, is an attitudinal position of steadfast commitment to, striving for, or deep desire or longing for, an ideal. I locate these two concepts in relation to more familiar moral (...) concepts such as duty, virtue, and the good to demonstrate, amongst other things, first, that what is morally significant about ideals and aspirations cannot be fully accommodated within a virtue ethical framework that gives a central role to the Virtuous Person as a purported model of excellence. On a certain interpretation, the Virtuous Person is not a meaningful ideal formoral agents. Second, I articulate one sense in which aspirations are morally required imaginative acts given their potential to expand the realm of practical moral possibility. (shrink)

The moral value of law can take many forms. It is instrumentally valuable when it coordinates interaction, provides moral advice and leadership, models the virtues, and motivates us to be moral. It is intrinsically valuable when it constitutes the collective moral conscience of citizens, embodies an ideal form of communal life, and expresses the moral integrity of the community. We analyse all of these potential values of law and assess their moral significance. In doing so, we are careful to distinguish (...) between the general concept of law and the actual law of any particular legal system. We argue that, although in principle law does have the potential to help us to be moral in each of the ways noted, many actual legal systems are conducive to great immorality and injustice. Being moral and living well under such regimes is likely to be much harder than it would be otherwise, even in the absence of any legal system. (shrink)

This article challenges the use of social deprivation as a punishment, and offers a preliminary examination of the human rights implications of exile and solitary confinement. The article considers whether a human right against coercive social deprivation is conceptually redundant, as there are recognised rights against torture, extremely cruel, inhumane, or degrading treatment as well as rights to basic health care, education, and security, which might encompass what this right protects. The article argues that the right is not conceptually redundant, (...) but that, even if it were, there would be significant reasons to articulate it. (shrink)

Over the past few years, the business world has been wracked by corporate scandals. With news of a new scandal an almost weekly occurrence, one cannot help but wonder: “Is business success synonymous with a lack of morality?” With a resounding “no,” Bowen H. “Buzz” McCoy, former partner at Morgan Stanley, shows that ethical business leadership is possible and, moreover, desirable. Seeking inspiration from an eclectic range of sources, such as Dante, Kant, and Peter Drucker, and drawing from his (...) own career as a successful investment banker, the author examines how business leaders—and those who aspire to be business leaders—can flourish in a corporate environment without shedding personal values or compromising integrity. Living Into Leadership: A Journey in Ethics is based on the author’s actual life experiences, personal ethical dilemmas, and concerns. This groundbreaking work incorporates classroom materials developed by the author for ethics programs at various business schools, including Stanford, UC Berkeley, the University of Southern California, UCLA, and Notre Dame. The central question this book considers is how to pursue an engaged business career while living a balanced life and continuing to grow as an integrated person. McCoy acts as a “mentor” for readers, providing personal and professional guidance on the development of a personal business plan for life. The book presents the case for creating a moral compass that allows one to make decisions under uncertainty, lead a life of integrity, establish the practice of ethics both personally and in society, and know when to embrace change and when to hold one’s ground. It includes an abbreviated version of the author’s acclaimed work, the seminal Harvard Business Review article, “The Parable of the Sadhu,” and shows readers how to prepare in advance for dilemmas they may face, both in their private and professional lives. (shrink)

Pfeiffer, Kimberley We've heard it happening more than once. A couple uses IVF to fall pregnant then later down the track they conceive naturally. Confusing, right? Aren't they supposed to be infertile? Isn't that why people request this invasive and expensive procedure in the first place? Well, a recent study shows that more than 40% of women aged between 28 and 36 years that report having a history of infertility achieved subsequent births without using any form of reproductive assistance1. (...) Which raises the question, what does it mean to be infertile? (shrink)

Pfeiffer, Kimberley Review of: Conflicts of Conscience in Health Care: An Institutional Compromise, by Holly Fernandez-Lynch, Massachusetts Institute of Technology Press, 2008.

Analytic philosophy has largely neglected the topic of homelessness. The few notable exceptions, including work by Jeremy Waldron and Christopher Essert, focus on our interests in shelter, housing, and property rights, but ignore the key social functions that a home performs as a place in which we are welcomed, accepted, and respected. This paper identifies a ladder of home-related concepts which begins with the minimal notion of temporary shelter, then moves to persistent shelter and housing, and finally to the rich (...) notion of a home which focuses on meeting our social needs including, specifically, our needs to belong and to have meaningful control over our social environment. This concept-ladder enables us to distinguish the shelterless from the sheltered; the unhoused from the housed; and the unhomed from the homed. It also enables us to decouple the concept of a home from property rights, which reveals potential complications in people’s living arrangements. For instance, a person could be sheltered but unhoused, housed but homeless, or, indeed, unhoused but homed. We show that we should reserve the concept of home to capture the rich idea of a place of belonging in which our core social needs are met. (shrink)

False information is always produced after the outbreak of major emergencies. Taking this into consideration, this paper discusses the behavior of multiple parties in relation to false information dissemination after major emergencies. First, a game model is constructed, using relevant knowledge of evolutionary game theory, between three parties: regulatory institutions, opinion leaders, and ordinary Internet users. Second, the model equations are solved, and the evolutionary stability strategies of each game party under different circumstances are analyzed. Third, a numerical simulation is (...) applied to the evolutionary trends under different strategy combinations with varying parameters. The results show that the probability of each game party making ideal decisions is positively correlated with the degree of punishment imposed by regulatory institutions on opinion leaders who release false information, the reward provided by regulatory institutions on opinion leaders who release positive information, the degree of participation and satisfaction gained by Internet users in adopting positive information, the richness of authentic content released by opinion leaders, and the psychological identification of Internet users with opinion leaders. Meanwhile, the probability of each game party making ideal decisions is negatively correlated with investigation and evidence collection costs borne by opinion leaders who release positive information, the additional income for opinion leaders who have false information adopted by Internet users, the costs of Internet users’ time and energy when they adopt information released by opinion leaders, and the costs of independently judging the accuracy of information by Internet users. (shrink)

Introduction ADAM CURETON AND KIMBERLEY BROWNLEE Disability and disadvantage are interrelated topics that raise important and sometimes overlooked issues in ...

: In earlier work, Bernard R. Goldstein and the present author have introduced a procedural rule for historical inquiry, which requires that one take pains to establish the credibility of any citation of ancient thought by later writers in antiquity through a process of verification. In this paper, I shall apply what I call the Rule of Ancient Citations to Simplicius' interpretation of Aristotle's remarks in Meta L. 8, which is the primary point of departure for the modern understanding of (...) Greek planetary theory. I first sketch several lines of argument that lead me to conclude that Simplicius' interpretation should not be accepted because it assumes a concern with planetary phenomena unknown to the Greeks before the late 2nd and early 1st centuries BC. Then, after showing that there is a fairly well defined range of readings of Aristotle's remarks more in keeping with what we actually know of astronomy in the 5th and 4th centuries BC, I conclude that neither Aristotle's report about the Eudoxan and Callippan accounts of the celestial motions nor Simplicius' interpretation of this report is a good starting point for our understanding of early Greek planetary theory. (shrink)

Cornish suggests that, because they were in the same class at school, Wittgenstein was the specific target of Hitler's bile in Mein Kampf, and that Hitler's beliefs about Jews came from the experience of meeting Wittgenstein at this time.

Offering a lively source of debate for professionals and academics, this volume provides a window on a topic that is frequently fraught with uncertainty.

Everybody involved in sport, from the bleachers to the boardroom, should develop an understanding of ethics. Sport ethics prompt discussion of the central principles and ideals by which we all live our lives, and effective leadership in sport is invariably ethical leadership. This fascinating new introduction to sport ethics outlines key ethical theories in the context of sport as well as the fundamentals of moral reasoning. It explores all the central ethical issues in contemporary sport: from violence, hazing, and gambling (...) to performance enhancement, doping, and discrimination. This book not only investigates the ethical, social, and legal underpinnings of the most important issues in sport today, but also introduces the reader to the foundations of ethical leadership in sport and discusses which leadership strategies are most effective. Each chapter includes original real-world case studies, learning exercises, and questions to encourage students to reflect on the ethical problems presented. Sport, Ethics and Leadership is an essential resource for any course on sport and leisure studies, the ethics and philosophy of sport, or sport and leisure management. (shrink)

This collection gives George Yancy’s transformative work in social and political philosophy and the philosophy of race the critical attention it has long deserved. Contributors apply perspectives from disciplines including philosophy, sociology, education, communication, peace and conflict studies, religion, and psychology.

In this essay, we analyze the Black Mirror episode "Arkangel" alongside Nietzsche’s critique of religion. After providing an overview of his critique, we argue that the episode demonstrates how a world enframed by technology itself ends up being just as decadent, or just as pathological, repressive, corrupt, anti-life, and unredemptive as Nietzsche accuses Christianity of being. Nietzsche thought, at one point, that science and technology might provide a non-metaphysical or non-theological solution to what he calls our “metaphysical need.” However, Arkangel (...) shows how technology does not overcome problems of idolatrous forms of religion and can be just another tool for manipulation that produces the same kinds of pathologies. Nietzsche insists that the only way to overcome religion as an oppressive system is to “philosophize with a hammer,” or to deconstruct its idolatrous strictures and the “all too human” forces behind it. Ultimately, this deconstruction requires declaring “the death of God.”. (shrink)

This paper considers whether victims can justify what appears to be unnecessary defensive harming by reference to an honour-based justification. I argue that such an account faces serious problems: the honour-based justification cannot permit, first, defensive harming, and second, substantial unnecessary harming. Finally, I suggest that, if the purpose of the honour based justification is expressive, an argument must be given to demonstrate why harming threateners, as opposed to opting for a non-harmful alternative, is the most effective means of affirming (...) one’s honour. Along the way, I also suggest why I think that internalism about the constraints on defensive harming (the view that the satisfaction of the necessity constraint is a necessity condition of a threatener’s liability) is correct. Most importantly, externalism implies that threateners can be liable to suffer gratuitous harm. I take this to be an unattractive consequence of the view. (shrink)

Through systematic case analyses of much-discussed social media cases, both negative aspects and best practices of social media use are revealed. Ethical theory is applied to these cases as a means of analysis to reveal the moral principles associated with each case. Four cases are analyzed, ranging from bad to arguably innovative. Based upon comparing the moral principles upheld or violated, descriptive ethics are used to infer normative ethical guidelines to govern the use of social media. Fifteen ethical guidelines derived (...) from the cases and normative moral theory are offered as a way to begin a discussion that leads to a deeper understanding of ethics in the burgeoning realm of digital engagement. (shrink)

This article shows that associative freedom is not what we tend to think it is. Contrary to standard liberal thinking, it is neither a general moral permission to choose the society most acceptable to us nor a content-insensitive claim-right akin to the other personal freedoms with which it is usually lumped such as freedom of expression and freedom of religion. It is at most (i) a highly restricted moral permission to associate subject to constraints of consent, necessity and burdensomeness; (ii) (...) a conditional moral permission not to associate provided our associative contributions are not required; and (iii) a highly constrained, content sensitive moral claim-right that protects only those wrongful associations that honour other legitimate concerns such as consent, need, harm and respect. This article also shows that associative freedom is not as valuable as we tend to think it is. It is secondary to positive associative claim-rights that protect our fundamental social needs and are pre-conditions for any associative control worth the name. (shrink)

In recent years, political philosophers have hotly debated whether ordinary citizens have a general pro tanto moral obligation to follow the law. Contemporary philosophers have had less to say about the same question when applied to public officials. In this paper, I consider the latter question in the morally complex context of criminal justice. I argue that criminal justice officials have no general pro tanto moral obligation to adhere to the legal dictates and lawful rules of their offices. My claim (...) diverges not only from the commonsense view about such officials, but also from the positions standardly taken in legal theory and political science debates, which presume there is some general obligation that must arise from legal norms and be reconciled with political realities. I defend my claim by highlighting the conceptual gap between the rigid, generalised, codified rules that define a criminal justice office and the special moral responsibilities of the various moral roles that may underpin that office (such as guard, guardian, healer, educator, mediator, counsellor, advocate, and carer). After addressing four objections to my view, I consider specific contexts in which criminal justice officials are obligated not to adhere to the demands of their offices. Amongst other things, the arguments advanced in this paper raise questions about both the distribution of formal discretion in the criminal justice system and the normative validity of some of the offices that presently exist in criminal justice systems. (shrink)

This collection gives George Yancy's transformative work in social and political philosophy and the philosophy of race the critical attention it has long deserved. Contributors apply perspectives from disciplines including philosophy, sociology, education, communication, peace and conflict studies, religion, and psychology.

Human–wildlife interactions have existed for thousands of years, however as human populations increase and human impact on natural ecosystems becomes more intensive, both parties are increasingly being forced to compete for resources vital to both. Humans can value wildlife in many contexts promoting coexistence, while in other situations, such as crop-raiding, wildlife conflicts with the interests of people. As our closest phylogenetic relatives, chimpanzees in particular occupy a special importance in terms of their complex social and cultural relationship with humans. (...) A case study is presented that focuses on the Bossou chimpanzees’ perspective of their habitat in the Republic of Guinea, West Africa, by highlighting the risks and opportunities presented by a human-dominated landscape, and detailing their day-to-day coexistence with humans. Understanding how rural people perceive chimpanzees and how chimpanzees adapt to living in anthropogenic environments will enhance our understanding of how people-wildlife interactions develop into situations of conflict and therefore can generate sustainable solutions to prevent or mitigate situations of conflict. (shrink)