Rule violations have usually been studied from a third-person perspective, identifying situational factors that render violations more or less likely. A first-person perspective of the agent that actively violates the rules, on the other hand, is only just beginning to emerge. Here we show that committing a rule violation sensitises towards subsequent negative stimuli as well as subsequent authority-related stimuli. In a Prime-Probe design, we used an instructed rule-violation task as the Prime and a word (...) categorisation task as the Probe. Also, we employed a control condition that used a rule inversion task as the Prime. Probe targets were categorised faster after a violation relative to after a rule-based response if they related to either, negative valence or authority. Inversions, however, primed only negative stimuli and did not accelerate the categorisation of authority-related stimuli. A heightened sensitivity towards authority-related targets thus seems to be specific to rule violations. A control experiment showed that these effects cannot be explained in terms of semantic priming. Therefore, we propose that rule violations necessarily activate authority-related representations that make rule violations qualitatively different from simple rule inversions. (shrink)

Cheating and rule violations in intercollegiate athletics continue to be relevant issues in many institutions of higher education because they reflect upon the integrity of the institutions in which they are housed, causing concern among many faculty members, administrators, and trustees. Although a great deal of research has documented the numerous rule violations in NCAA intercollegiate athletics, much of it has failed to combine sound theory with practical solutions. The purpose of this study was to examine (...) the possible extensions of the organizational justice framework to the problem of rule violations in intercollegiate athletics. In doing so, the current study examined (a) perceived areas of injustice among coaches at NCAA Division I institutions, (b) avenues by which coaches resolve these injustices, and (c) potential solutions for resolving injustices in an attempt to reduce NCAA violations. Six NCAA Division I basketball coaches from various parts of the country (four from men's teams and two from women's teams) were interviewed using a semi-structured format. Despite the NCAA's efforts to create parity, results showed that coaches perceived several areas of inequities in recruiting, including financial resources and academic standards. The interviewed coaches described several means that are currently used to resolve these inequities and offered recommendations for changes to reduce injustice in the future. (shrink)

The study sought to determine whether impression management tactics by an employee could effectively lessen the recommended punishment for an ethical rule infraction by this individual. Subjects read a vignette in which an employee violated the confidentiality of personnel records. The employee was presented as either having had a history of previous infractions or no such historical information was provided. Additionally, the employee was described as using either no impression management tactics, an apology, or a justification for his behavior. (...) Result show that in the case of a history of multiple offenses, the employee''s use of justifications effectively mitigated others'' judgments of the wrongfulness of the employee''s action, while apologies did not. Similarly, the justification appeared to lessen respondent recommendations for punishment, prevention of promotion, and demotion/firing, but only when there is a history of multiple offenses. In most cases, apologies tended to exacerbate the problem when previous offenses had been committed. The data are discussed in terms of their implications for the study of employee use of impression management tactics. (shrink)

This research project seeks to discover whether certain characteristics of a moral issue facilitate individuals’ abilities to detect violators of a conditional rule. In business, conditional rules are often framed in terms of a social contract between employer and employee. Of significant concern to business ethicists is the fact that these social contracts are frequently breached. Some researchers in the field of evolutionary psychology argue that there is a biological basis to social contract formation and dissolution in business. However, (...) although it is inescapable that biological forces shaped a fixed neural structure that guides and limits humans’ abilities, we argue that characteristics of the situation in which the person finds himself or herself moderate the activation of these neural circuits in ordinary business social contract situations. Specifically, the moral intensity associated with the social contract conditional rule is likely to influence peoples’ abilities to detect violators of the rule. This study utilizes adapted versions of the Wason selection task and manipulates the issue-contingent moral intensity characteristics of magnitude of consequences, proximity, and social consensus to assess if moral intensity facilitates detection of rule violators. Results from this empirical study indicate no relationship between moral intensity characteristics and issue recognition but do provide insights into the evolutionary psychology approach. (shrink)

ABSTRACT Sometimes, teams or players violate the rules of their leagues or associations. And sometimes, their leagues or associations respond by striking their wins from the official record. Especially in American college sports governed by the NCAA, this practice of vacating results is unpopular and widely decried. It should not be. Vacating wins can be an appropriate response to rules violations in higher-order competitions in the same way that it can be appropriate to call back a scoring play due (...) to a penalty. We outline the conceptual framework that makes sense of when, why, and how it is appropriate to vacate wins. (shrink)

Today, certain rule-violating behaviours, such as doping, are considered to be an issue of concern for the sport community. This paper underlines and examines the affective dimensions involved in moral responses to, and attitudes towards, rule-violating behaviours in sport. The key role played by affective processes underlying individual-level moral judgement has already been implicated by recent developments in moral psychological theories, and by neurophysiological studies. However, we propose and discuss the possibility of affective processes operating on a social (...) level which may influence athletes' individual-level attitudes. We conclude that one-sided focus on individual rule-violating behaviour and individual sanctions may prove to be ineffective in coming to terms with the issue. In this regard we recommend a twofold approach by addressing underlying social dimensions, along with preventive measures through affect-oriented education. (shrink)

This study examines the situated use of rules and the social practices people deploy to correct projectable rule violations in pétanque playing activities. Drawing on Ethnomethodology and Conversation Analysis, and using naturally occurring video recordings, this article investigates socially organized occasions of rule use, and more particularly how rules for turn-taking at play are reflexively established in and through interaction. The alternation of players in pétanque is dependent on and consequential for the progressivity of the game and (...) it is a practical problem for the players when a participant projects to break a rule of “who plays next”. The empirical analysis shows that formulating rules is a practice for indicating and correcting incipient violations of who plays next, which retrospectively invoke and establish the situated expectations that constitute the game as that particular game. Focusing on the anticipative corrections of projectable violations of turn-taking rules, this study revisits the concept of rules, as they are played into being, from a social and interactional perspective. We argue and demonstrate that rules are not prescriptions of game conduct, but resources that reflexively render the players’ conducts intelligible as playing the game they are engaging in. (shrink)

BackgroundSexual boundary violations in healthcare are harmful and exploitative sexual transgressions in the professional–client relationship. Persons with mental health issues or intellectual disabilities, especially those living in residential settings, are especially vulnerable to SBV because they often receive long-term intimate care. Promoting good sexual health and preventing SBV in these care contexts is a moral and practical challenge for healthcare organizations.MethodsWe carried out a qualitative interview study with 16 Dutch policy advisors, regulators, healthcare professionals and other relevant experts to (...) explore their perspectives on preventing SBV in mental health and disability care organizations. We used inductive thematic analysis to interpret our data.ResultsWe found three main themes on how healthcare organizations can prevent SBV in mental health and disability care: setting rules and regulations, engaging in dialogue about sexuality, and addressing systemic and organizational dimensions.ConclusionOur findings suggest that preventing SBV in mental health and disability care organizations necessitates setting suitable rules and regulations and facilitating dialogue about positive aspects of sexuality and intimacy, as well as about boundaries, and inappropriate behaviors or feelings. Combining both further requires organizational policies and practices that promote transparency and reflection, and focus on creating a safe environment. Our findings will help prevent SBV and promote sexual health in mental health and disability care organizations. (shrink)

It is shown that violation of the Born Rule leads to a breakdown of the correspondence between the quantum electromagnetic field and its classical counterpart. Specifically, the relationship of the quantum coherent state to the classical electromagnetic field turns out to imply that if the Born Rule were violated, this could result in apparent deviations from the energy conservation law applying to the field and its sources. The result, which is fully general and independent of interpretations of quantum (...) theory, suggests that the Born Rule is just as fundamental a law of Nature as are the field conservation laws. (shrink)

The American Journal of Bioethics, Volume 12, Issue 6, Page 15-17, June 2012.

It is argued that preparation of a quantum state characterized by density operator ρ not commuting with a superselection operatorQ does not by itself constitute an instance of superselection rule violation. It would, however, be an instance of state restriction violation. It is held that superselection rule violation is only possible with simultaneous observable and state restriction violations. It is shown that it is a priori conceivable to subdivide an ensemble whose ρ satisfies[ρ, Q] = 0 into (...) subensembles whose density operators violate the state restrictions. The dynamics of the subdivision process is not considered. (shrink)

The rule of implication, (+) If hypothesis H implies hypothesis I, then evidence sufficient to warrant the rejection of I, in turn warrants the rejection of H, is a very plausible principle of inductive inference. It is shown that significance tests violate this principle. Two ways to account for this violation are considered; neither account is fully satisfactory. First, a distinction might be made between the absolute degree of confirmation and the change in the degree of confirmation due to (...) a specific result. Measures of the change in the degree of confirmation need not obey the rule of implication. Unfortunately, it is difficult to interpret significance tests as a measure of the change in degree of confirmation of an hypothesis. Second, it might be observed that hypotheses are sought that are informative as well as faithful to observations. Amalgamating a measure of informativeness with a measure of faithfulness can result in violations of the rule of implication. Unfortunately, it is unclear why significance tests amalgamating measures of informativeness and faithfulness are desirable. (shrink)

The vital status of patients who are a part of controlled donation after circulatory death (cDCD) is widely debated in bioethical literature. Opponents to currently applied cDCD protocols argue that they violate the dead donor rule, while proponents of the protocols advocate compatibility. In this article, we argue that both parties often misinterpret the moral implications of the dead donor rule. The rule as such does not require an assessment of a donor’s vital status, we contend, but (...) rather an assessment of whether procurement of organs in cDCD cause the death of the donor or not. We then argue that commonly practiced cDCD protocols do not violate the dead donor rule, since the donation does not trigger or cause the death of the donors. (shrink)

The purpose of this research review is to examine the usefulness of reconstructing problematic interpersonal conflict behavior as violations of rules for critical discussions. Dialectical reconstruction of interpersonal conflict behavior sheds light on the ways in which dialectical fallacies influence not only the course of a critical discussion, but also the personal and relationship outcomes experienced by arguers. Conflict sequences such as cross complaining and demand/withdraw are shown to be problematic, in part, because they prevent parties from resolving their (...) difference through rational dialogue. The paper concludes by presenting some implications of the pragma-dialectical reconstruction of interpersonal conflict behavior. (shrink)

The target article focuses exclusively on System 2 and on reasoning rationality: the ability to reach valid conclusions from available information, as in the Wason task. The decision-theoretic concept of coherence rationality requires beliefs to be consistent, even when they are assessed one at a time. Judgment heuristics belong to System 1, and help explain the incoherence of intuitive beliefs.

We can evaluate laws as better or worse relative to different normative standards. One might lament the fact that a law violates human rights or, in a different register, marvel at its ease of application. A question in legal philosophy is whether some standards for evaluating laws are fixed by—or grounded in—the very nature of law. I take Raz’s discussion of the distinctively legal virtues, those that fall under the rubric of the “Rule of Law” such as clarity, generality, (...) and non-retroactivity, as my starting point for exploring a very general puzzle about the relationship between law’s essence and its virtue. -/- The claim that there are some virtues that laws have qua laws invites a comparison between law and other “goodness-fixing kinds.” A kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. For example, if an object belongs to the kind CLOCK, whether it keeps time accurately provides a basis for evaluating it as better or worse as a clock. Furthermore, the relevant normative fact—if a clock does not keep time accurately, it is a bad clock—is at least partly explainable in terms of the nature of clocks (clocks are things that are supposed to be keep time accurately). Hence, for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its constitutive standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other goodness-fixing kinds involves revising the general picture. (shrink)

The paper proposes an alternative approach to the ontology of social institutions by systematizing various normative institutional influences and identifying processes that distinguish between conforming and violating behaviour. The prevailing – cost-based model – suggests that an agent's conformity to a specific institutional rule can be represented by a single measure – cost. The model is limited in its explanatory potential since it accounts for varieties of institutional behaviour in terms of single parametrical changes in the agents' utilities. The (...) central argument shows that normative attitudes represent a distinctive normative structure capable of explaining crucial aspects of institutional behaviour. These attitudinal aspects provide the structure necessary for understanding institutional normativity and its violations. (shrink)

The American Journal of Bioethics, Volume 12, Issue 10, Page 16-17, October 2012.

A torsional-antenna and a log-periodic antenna are used as a source and an analyzer, respectively, to investigate the possible anomalies of an electro-magnetic field. An unexpected isotropic signal has been detected using those torsion angles, which correspond to a breakdown of the Local Lorentz Invariance, which was found in the past. This coincidence is interpreted as the recovery of a lost symmetry by torqueing the antenna, thus putting in evidence that this Lorentz violation is of angular nature. Introducing a new (...) physical dimension—not only a mathematical dimension as a way to rearrange some equations—is here proposed as a general rule to recover the lost symmetry. (shrink)

In life there can be good reasons to break the rules. Some sports philosophers have suggested that this also holds for games. In this essay I will compare and contrast reasons for rule-breaking in life and in sports. Some of my focus will be on recent attempts to defend strategic fouling (by Eylon & Horowitz, Russell, and Flynn). Supporters of strategic fouling try to provide a philosophical underpinning for the practice, but they ignore the genealogy of such rule- (...) class='Hi'>violations. I will also discuss how some legal theorists view rule-breaking and contrast this with sport. Lastly, I will introduce the idea of ‘transcendental rules’ in games. They are the conditions for the possibility of playing a game. Following Aurel Kolnai, I will argue that strategic fouling violates a transcendental rule – it is not just a moral error, it is also a conceptual error. (shrink)

We present and defend a view labeled “practiceism” which provides a solution to the incompatibility problems. The classic incompatibility problem is inconsistency of:1. Someone who intentionally violates the rules of a game is not playing the game.2. In many cases, players intentionally violate the rules as part of playing the game.The problem has a normative counterpart:1’. In normal cases, it is wrong for a player to intentionally violate the rules of the game.2’. In many normal cases, it is not wrong (...) for a player to intentionally violate the rules of the game.According to both formalism and informalism, the rules of the game include the formal rules of the game. Both traditional positions avoid the incompatibility problems by rejecting 1 and 1'. Practiceism rejects 2 and 2’: it maintains that the rules are the rules manifested in playing the game, not the formal rules.Practiceism presents two theses: (... (shrink)

One of the most widely used procedures applied to non-human animals or pre-linguistic humans is the “violation of expectation paradigm”. Curiously there is almost no discussion in the philosophical literature about it. Our objective will be to provide a first approach to the meta-theoretical nature of the assumptions behind the procedure that appeals to the violation of expectation and to extract some consequences. We show that behind them exists an empirical principle that affirms that the violation of the expectation of (...) certain mental rules generates surprise. We then proceeded to discuss the nature of these “mental rules”. We show that, as is often the case with theoretical concepts proposed by theories, they do not have a fixed interpretation. This will allow us to show that the usual relationship found in the developmental psychology literature between this experimental paradigm and cognitive approaches (which interpret experimental results in terms of higher-level mental activities) is not necessary. Finally, we relate this experimental design with the mark test and the inequity aversion test and discuss the possible ampliation of the application of the empirical principle of violation of expectation. (shrink)

Sovereign is he who provides the exception.…The exception is more interesting than the rule. The rule proves nothing; the exception proves everything. In the exception the power of real life breaks through the crust of a mechanism that has become torpid by repetition.In spring 2020, in response to the COVID-19 crisis, world leaders imposed severe restrictions on citizens’ civil, political, and economic liberties. These restrictions went beyond less controversial and less demanding social distancing measures seen in past epidemics. (...) Many states and countries imposed universal lockdowns. Lockdowns, as we define them here, require people to stay home; in some countries and places, citizens must have ad hoc licenses to... (shrink)

Over 90% of the organs transplanted in China before 2010 were procured from prisoners. Although Chinese officials announced in December 2014 that the country would completely cease using organs harvested from prisoners, no regulatory adjustments or changes in China’s organ donation laws followed. As a result, the use of prisoner organs remains legal in China if consent is obtained. We have collected and analysed available evidence on human rights violations in the organ procurement practice in China. We demonstrate that (...) the practice not only violates international ethics standards, it is also associated with a large scale neglect of fundamental human rights. This includes organ procurement without consent from prisoners or their families as well as procurement of organs from incompletely executed, still-living prisoners. The human rights critique of these practices will also address the specific situatedness of prisoners, often conditioned and traumatized by a cascade of human rights abuses in judicial structures. To end the unethical practice and the abuse associated with it, we suggest to inextricably bind the use of human organs procured in the Chinese transplant system to enacting Chinese legislation prohibiting the use of organs from executed prisoners and making explicit rules for law enforcement. Other than that, the international community must cease to abet the continuation of the present system by demanding an authoritative ban on the use of organs from executed Chinese prisoners. (shrink)

In perpetuating and exacerbating restricted access to essential medicines, current trade-related intellectual property rules on medicines may violate core human rights to health and medicines. In this light, there should be serious questions about their necessity, and their justification should be critically assessed from the perspective of human rights standards.

In this paper I examine the sixth century ’Rule of St. Benedict’, and argue that the authority structure of Benedictine communities as described in that document satisfies well-known principles of authority defended by Joseph Raz. This should lead us to doubt the common assumption that premodern models of authority violate the modern ideal of the autonomy of the self. I suggest that what distinguishes modern liberal authority from Benedictine authority is not the principles that justify it, but rather the (...) first-order beliefs for the sake of which authority is sought by the individual, and the degree of trust between the authority and the subject. (shrink)

This article explores how high-functioning children with autism navigate in the social world, specifically how they orient in the realm of norms and standards. In particular, this investigation focuses on rule violations episodes and sheds light on how these children account for their conduct and position themselves in the moral framework. This analysis shows that high-functioning children with autism can actively engage in discourse about norms and transgressions in an initiatory capacity, thereby displaying a mastery of social rules (...) as a guide for appropriate conduct and interpretation of others’ behavior. Furthermore, this article argues that these social skills are linked with the ability to operate with sequentially based understandings: Prior courses of action constitute for the autistic children the fundamental source for reaching an understanding of the normative mechanics of everyday life, and subsequently for constructing their own lines of conduct and themselves as moral agents. (shrink)

Rules are meant to apply equally to all within their jurisdiction. However, some rules are frequently broken without consequence for most. These rules are only occasionally enforced, often at the discretion of a third-party observer. We propose that these rules—whose violations are frequent, and enforcement is rare—constitute a unique subclass of explicitly codified rules, which we call ‘phantom rules’ (e.g., proscribing jaywalking). Their apparent punishability is ambiguous and particularly susceptible to third-party motives. Across six experiments, (N = 1440) we (...) validated the existence of phantom rules and found evidence for their motivated enforcement. First, people played a modified Dictator Game with a novel frequently broken and rarely enforced rule (i.e., a phantom rule). People enforced this rule more often when the “dictator” was selfish (vs. fair) even though the rule only proscribed fractional offers (not selfishness). Then we turned to third person judgments of the U.S. legal system. We found these violations are recognizable to participants as both illegal and commonplace (Experiment 2), differentiable from violations of prototypical laws (Experiments 3) and enforced in a motivated way (Experiments 4a and 4b). Phantom rule violations (but not prototypical legal violations) are seen as more justifiably punished when the rule violator has also violated a social norm (vs. rule violation alone)—unless the motivation to punish has been satiated (Experiment 5). Phantom rules are frequently broken, codified rules. Consequently, their apparent punishability is ambiguous, and their enforcement is particularly susceptible to third party motives. (shrink)

Violations of research ethics including a varieties of plagiarism by students in Iran is a concern which has lately called promising levels of attention as rules are updated and better enforced and more awareness is being raised. As to deal with any problem, a full understanding of its nature is necessary, the current study focused on how a sample of Iranian students construe this phenomenon. To collect the necessary data, an original questionnaire with 34 closed-ended items included the most (...) common instances of violations of research ethics was designed. The items included were mainly varieties of plagiarism identified in the literature. The items were narrowed down with reference to the qualitative data from focus group interviews with a purposive sample of Iranian graduate students. In the main phase of the study, using the questionnaire, quantitative data were obtained from the responses of 274 graduate students of translation studying in various Iranian universities. The findings revealed the participants did not have a fully accurate perception and appreciation of research ethics violation as they failed to distinguish ethically acceptable from unethical conducts. The contributing sample showed indifference to most ethical issues in scholarly publication. Translating a text and presenting it as one’s own in addition to text recycling were identified as the most severe instances perceived. The types, fraudulence, unacknowledged use, duplicate publication, misreferencing, excessive overuse were perceived the most severe to the least severe according to the sample. The typology and the findings on the severity of the types and instances were recommended to be used as an empirically supported guideline for curriculum design of academic writing courses in graduate programs in Iranian universities or similar contexts. (shrink)

Criminal law scholars approach legality in various ways. Some scholars eschew over-arching principles and proceed directly to one or more distinct “rules”: (1) the rule against retroactive criminalization; (2) the rule that criminal statutes be construed narrowly; (3) the rule against the judicial creation of common-law offenses; and (4) the rule that vague criminal statutes are void. Other scholars seek a single principle, i.e., the “principle of legality,” that they claim underlies the four rules. In contrast, (...) I believe that both approaches are misguided. There is no such thing as a single “principle of legality;” yet, the four aforementioned rules are not unrelated to each other. The so-called “principle of legality” consists of two distinct norms that derive, respectively, from two fundamental principles of criminal justice, viz., the principle, “No person shall be punished in the absence of a bad mind,” and the principle that underlies the maxim, “Every person is presumed innocent until proven guilty.” The first norm of legality explains the rules regarding ex post facto legislation, and rules regarding “notice” and “fair warning” of judicial decisions. When a person is punished for violating a rule that was non-existent or unclear at the time he acted, he is punished for conduct that the state now condemns and seeks to prevent by means of penal sanctions. Accordingly, at the time the person is prosecuted, his claim is not that he did not do anything that the state regards as wrong, but, rather, that he neither knew nor should have known that he was doing something that the state would come to regard as wrong. He ought, indeed, to be excused for his mistake, but only because of a principle that is common to excuses generally: “No person ought to be punished in the absence of a guilty mind.” He should be excused because even when a person does something the state condemns and seeks to prevent, he ought not to be blamed for it unless he was motivated in a certain way, namely, by an attitude of disrespect for the legitimate interests of the political community by whose norms he is bound.The second norm of legality informs several of the remaining rules, though not all of them. The second norm is that a person ought not to be punished in the name of a political community unless it can confidently be said that the community officially regards his conduct as warranting the criminal punishment at issue. It is a norm that is most commonly associated with the rule of lenity, but it is not confined to the construction of statutes that are ambiguous or vague. It can also be also violated when a person is punished for violating a statute that has fallen into desuetude, regardless of how widely promulgated or narrowly defined the statute may be. This second norm derives from a principle that also underlies the presumption of innocence - the only difference being that the presumption of innocence is a preference for acquittal in the event of uncertainty regarding the facts which an actor is charged, while the second norm of legality is a preference for acquittal in the event of uncertainty regarding the scope of the offense which he is charged.Nevertheless, one “rule” remains that this analysis throws into question - namely, the rule that “vague” criminal statutes are void. Criminal statutes are sometimes so broadly defined that they do, indeed, infringe constitutionally protected rights of speech, movement, etc. - in which event they ought to be invalidated on those very grounds. And criminal statutes are sometimes so broadly drafted that, before applying them, courts ought to construe them to apply only to constitutionally unprotected acts that courts can confidently say the relevant political community regards as warranting punishment. But once statutes are so construed to apply only to constitutionally unprotected conduct, courts have no further reason to invalidate them on grounds of “vagueness.” Lack of “notice” is no reason to invalidate them because, with respect to the narrowly defined conduct such statutes are construed to prohibit, “common social duty” alone ought to alert actors that their conduct is suspect. (shrink)

Whether to do business with rights violating regimes is one of many dilemmas faced by socially responsible corporations. In this article the difficult case of Myanmar is considered. Ruled for decades by a closed and sometimes brutal military elite, the country has long been subject to informal and formal sanctions. However, as sanctions have failed to trigger political reform, it is necessary to review the policy options. The focus here is on the contribution socially responsible corporations might make to change. (...) The article sketches contextual features of the case, examines the recent history and present pattern of business links with Myanmar, and assesses whether current approaches can stimulate reform. Concluding that they cannot, it considers fresh possibilities for corporate engagement. The argument is that socially responsible corporations, committed to improving individual life chances through engagement with developing societies, should undertake collaborative and principled direct investment in Myanmar. The underlying strategy and problems of codification and implementation are all analyzed. To close, the article contends that, by doing business with Myanmar’s rights violating regime, multinational corporations can extend the frontiers of global corporate social responsibility. (shrink)

An ideal rule-Utilitarian theory is presented which incorporates some of the advantages of those based on accepted rules. The theory attempts to maximize welfare for a society of imperfect men. First an ideal moral code is explicated. Second a principle of a practical moral code is explicated which in effect prohibits violating rules of an ideal moral code except when general conformity to an ideal rule would have bad consequences.

Whether to do business with rights violating regimes is one of many dilemmas faced by socially responsible corporations. In this article the difficult case of Myanmar is considered. Ruled for decades by a closed and sometimes brutal military elite, the country has long been subject to informal and formal sanctions. However, as sanctions have failed to trigger political reform, it is necessary to review the policy options. The focus here is on the contribution socially responsible corporations might make to change. (...) The article sketches contextual features of the case, examines the recent history and present pattern of business links with Myanmar, and assesses whether current approaches can stimulate reform. Concluding that they cannot, it considers fresh possibilities for corporate engagement. The argument is that socially responsible corporations, committed to improving individual life chances through engagement with developing societies, should undertake collaborative and principled direct investment in Myanmar. The underlying strategy and problems of codification and implementation are all analyzed. To close, the article contends that, by doing business with Myanmar's rights violating regime, multinational corporations can extend the frontiers of global corporate social responsibility. (shrink)

On December 9, 1999, VA Linux issued shares to the public and left over $900 million on the table for investors. In the prospectus, the investment banker Credit Suisse First Boston (CSFB) stated it would receive a 7% gross spread as its compensation for underwriting the shares. Yet the SEC alleges some investors paid enormous commissions to CSFB in the form of a kick-back immediately after obtaining the IPO shares. Hence, CSFB had an economic interest in the IPO and there (...) was not a full distribution of shares. This apparent violation of NASD Rule 2110 raises questions as to the credibility of the financial markets. (shrink)

The presidential pardon as it currently exists is a violation of the separation of powers, checks and balances, and rule of law. With the exception of impeachment, the pardon power of the president is not subject to judicial review. The court has no rights to deny a pardon even though it may violate many explicit laws and implicit values of the constitution. It seems clear that the current form of the presidential power is a usurpation of the role of (...) the judiciary making the president judge and jury combining as it does the legislative and judicial function in the presidency. This unilateral and essentially unchecked power of the presidency threatens the consistency and unity of the government for it is independent and beyond the scope of legal restraint of the other branches of government. (shrink)

The Indonesian Ulema Council (MUI) has issued an illegitimate fatwa against smoking in mosques because it endangers the health of worshippers and interferes with the comfort of worshippers. This study aims to investigate smoking behaviour in mosques and violations of fatwas from ulama and governor regulations. This study follows a cross-sectional design conducted by interviewing 531 Muslims who have prayed in the mosque for the last 14 days and observed the compliance of the mosque in implementing a smoke-free policy (...) in 315 mosques. Frequency distribution and cross-tabulation were carried out using JASP 16 software using cross-tabulation. The results of this study indicate that the implementation of the smoke-free policy for mosques in Medan has been violated many times (57.8%), especially the violation regarding smoking in mosques (32.1%); cigarette butts were still found in the yard of the mosque (44.1%). Violations of the policy of fatwa smoke-free areas occurred in public mosques (61%) and muhammadiyah mosques (46.5%). Smoking behaviour in mosques was seen in the last 2 weeks, namely smoking behaviour carried out by worshippers (57.6%), smoking behaviour carried out by mosque administrators (39.2%), smoking behaviour carried out by community leaders in mosques (19.4%) and smoking behaviour that ulemas carried out in mosques (14.3%). Worshippers must comply with the rules against smoking in mosques because it can endanger the health of other worshippers. Cigarette smoke in the mosque will make other worshippers uncomfortable to worship so that it can damage the solemnity of the congregation to worship in the mosque. Contribution: This study is expected to explain smoking behaviour in mosques, violations of smoking behaviour in mosques that violate the ulama’s fatwa regarding smoking behaviour in mosques and the governor’s regulation on smoking behaviour in mosques. (shrink)

The category of “former friend” is familiar, yet the nature of this relationship type remains underexplored. Aristotle, for example, poses but does not answer the question of what constitute appropriate relations between former friends. To elucidate post-friendship expectations, I promote an account of friendship according to which some of our most significant friendships participate in a type of intimacy characterized by having normative standing to interpret each other in a constitutive manner, which I call the “co-interpretation view” of friendship. Unchecked (...) powers of co-interpretation, however, invite and allow for violations of each friend’s personhood, so I draw on Kantian resources to guide the co-interpretation view and render it more plausible. These Kantian resources help to establish relevant expectations for co-interpretation between friends. This positions me to provide an account of appropriate expectations between former friends, which I analyze in three types of post-friendship circumstance: when the friendship has faded but the parties still share a general outlook; when the friendship has become damaging for the friends but not due to viciousness; and, when the friendship ruptures due to vicious behaviors. (shrink)

Recent work shows an important asymmetry in lay intuitions about moral dilemmas. Most people think it is permissible to divert a train so that it will kill one innocent person instead of five, but most people think that it is not permissible to push a stranger in front of a train to save five innocents. We argue that recent emotion-based explanations of this asymmetry have neglected the contribution that rules make to reasoning about moral dilemmas. In two experiments, we find (...) that participants show a parallel asymmetry about versions of the dilemmas that have minimized emotional force. In a third experiment, we find that people distinguish between whether an action violates a moral rule and whether it is, all things considered, wrong. We propose that judgments of whether an action is wrong, all things considered, implicate a complex set of psychological processes, including representations of rules, emotional responses, and assessments of costs and benefits. q 2005 Published by Elsevier B.V. (shrink)

An innovative book that provides fresh insights into the neglected field of remedies in both international and domestic human rights law. Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules. It draws on the latest jurisprudence from the European and Inter-American Courts of (...) Human Rights and domestic courts in Australia, Canada, India, New Zealand, Hong Kong, South Africa, the United Kingdom and the United States. Separate chapters are devoted to interim remedies, remedies for laws that violate human rights, damages, remedies in the criminal process, declarations and injunctions in institutional cases, remedies for violations of social and economic rights and remedies for violations of Indigenous rights. (shrink)