Beyond Contractual Morality looks at current debates over the meaning of liberalism by reexamining their roots in eighteenth-century texts, which demonstrate ...

As an employee, a sports doctor has obligations to their employer, but also professional and widely accepted obligations of a doctor to the patient . The conflict is evident when sports doctors are asked by an athlete to keep personal health information confidential from the coach and team management, and yet both doctor and athlete have employment contracts specifying that such information shall be shared. Recent research in New Zealand shows that despite the presence of an employment contract, there appears (...) to be a wide range of behaviours among sports doctors when an athlete requests that information about them be kept from team management. Many seem willing to honour requests to keep health information about the athlete confidential, thereby being in breach of the employment contract, while others insist on informing team management against the wishes of the athlete. There are a number of potential solutions to this dilemma from forcing doctors to meet their contractual obligations, to limiting the expectations of the employment contract. This paper suggests that at times it may be appropriate to do both, making the position of the doctor clearer and supporting the ability of this group to resist pressure by coaches and management through having a robust code of ethics. (shrink)

The work ethic has been deeply challenged by two trends – the division of labor and the destruction of continuity in employment. Here a narrative model is proposed for reconstructing the work ethic. Narratives embody assumptions about the flow of time, and work becomes charged with meaning when "contractual time" is interrupted, when new functions are invented to cope with obstacles having to do human character and action. Content for this abstract model is provided by four historical movements in (...) the U.S. having to do with the reorganization of work or work relations: scientific management, the human-relations movement, the human-potential movement, and early management thought. (shrink)

Volume 20, Issue 8, August 2020, Page 112-114.

This chapter advances our understanding of the moral contours of the employment relationship. It considers what employers owe their employees, and what employees owe their employers. I begin with a brief discussion of the value and limits of contractual freedom in employment. Then I consider ethical issues in five areas: (1) hiring and firing, (2) compensation, (3) the nature of work, including meaningful work and workplace democracy, (4) privacy, and (5) whistleblowing.

This article contributes to a recent debate between Barnett and Block : 711–716, 2009), Bagus and Howden : 399–406, 2009), Barnett and Block, Cachanosky and Bagus and Howden regarding the conceptual distinction between demand deposits and time deposits. It is argued that from an economic perspective there is nothing inherently fraudulent or illegitimate about deposit accounts that are available ‘on demand’, but that this relies on certain contractual provisions. Particular attention is drawn to option clauses and withdrawal clauses, which (...) “solve” the problems raised by Barnett and Block, and Bagus and Howden. Previous authors have also neglected the asset side of banks balance sheets, and this is shown to further justify the legitimacy of fractional reserve banking. (shrink)

Data platforms represent a new paradigm for carrying out health research. In the platform model, datasets are pooled for remote access and analysis, so novel insights for developing better stratified and/or personalised medicine approaches can be derived from their integration. If the integration of diverse datasets enables development of more accurate risk indicators, prognostic factors, or better treatments and interventions, this obviates the need for the sharing and reuse of data; and a platform-based approach is an appropriate model for facilitating (...) this. Platform-based approaches thus require new thinking about consent. Here we defend an approach to meeting this challenge within the data platform model, grounded in: the notion of ‘reasonable expectations’ for the reuse of data; Waldron’s account of ‘integrity’ as a heuristic for managing disagreement about the ethical permissibility of the approach; and the element of the social contract that emphasises the importance of public engagement in embedding new norms of research consistent with changing technological realities. While a social contract approach may sound appealing, however, it is incoherent in the context at hand. We defend a way forward guided by that part of the social contract which requires public approval for the proposal and argue that we have moral reasons to endorse a wider presumption of data reuse. However, we show that the relationship in question is not recognisably contractual and that the social contract approach is therefore misleading in this context. We conclude stating four requirements on which the legitimacy of our proposal rests. (shrink)

Measures of student ethical sensitivity and their increases help to answer questions such as whether accounting ethics should be taught at all. We investigate different sensitivity measures and alternatives to the well-established Defining Issues Test (DIT-2, Rest, J. R. et al. [1999, Postconventional Moral Thinking: A Neo-Kohlbergian Approach (Lawrence Erlbaum Associates, Mahwah, NJ]), frequently used to measure the effects of undergraduate accounting ethics education. Because the DIT measures cognitive development, which increases with age, the DIT scores for younger (...) accounting students are typically lower, have limited range, and are not likely to vary sufficiently with corresponding choices in ethical dilemmas. Since the DIT measures only the moral judgment component of ethical decision-making, we consider the multidimensional ethical scale (MES) to allow respondents to provide explanations for their moral and other judgments. The MES has been used to measure attitudes related to justice, utility, contractualism, egoism, and relativism. Unfortunately, the MES is not comparable in one-dimension to the DIT, and unlike the DIT, the MES has no theoretical or objective base. Therefore, we construct a comparable one-dimensional relative measure, a Composite MES Score, obtained from previous research on practicing accountants. We compare the reliability of this measure to the DIT in explaining the ethical choices of 54 specially chosen, somewhat homogeneous students, whose ages range from 18 to 19, and who are taking a second semester freshman accounting course at a private, religion-affiliated university. These particular students are relatively untrained in the formal use of questionable accounting choices. These students are less likely to recognize the dilemmas of the MES and are also less likely to demonstrate sufficient variation in their DIT scores, traditionally low for freshmen students. As freshmen, they are recent graduates of high school and more likely guided by other ethical influences including friends, family, or contractual obligations (some of the MES constructs) rather than higher cognitive development. This study confirms suspicions. We find the DIT scores do not vary sufficiently to explain the moral reasoning of freshmen. For eight dilemmas and 24 choices we find the DIT score correlates with only three choices, whereas the MES regression models have at least one significant construct for 23 out of 24 ethical choices. The Composite MES Score (a relative measure) also explains 23 out of 24 choices and is statistically related to the DIT in only one of the choices. Unlike the DIT, the Composite MES permits pretest and retesting with different dilemmas to evaluate changes in ethical sensitivity. These results argue for relative rather than absolute measures of sensitivity and guides beyond cognitive development (the DIT-score) to explain undergraduate student sensitivity. (shrink)

This essay will focus on the moral issues relating to surrogacy in the global context, and will critique the liberal arguments that have been offered in support of it. Liberal arguments hold sway concerning reproductive arrangements made between commissioning couples from wealthy nations and the surrogates from socioeconomically weak backgrounds that they hire to do their reproductive labor. My argument in this paper is motivated by a concern for controlling harms by putting the practice of globalized commercial surrogacy into the (...) context of care ethics. As I will argue, the unstable situations into which children of global surrogacy arrangements are born is symbolic of the crisis of care that the practice raises. Using the Baby Manji case as my touch point, I will suggest that liberalism cannot address the harms experienced by Manji and children like her who are created through the global practice of assisted reproductive technology. I will argue that, if commissioning couples consider their proposed surrogacy contracts from a care ethics point of view, they will begin to think relationally about their actions, considering the practice from an ethical lens, not just an economic or contractual one. (shrink)

Las explicaciones evolucionarias del altruismo y la cooperación humana, inauguradas por pioneros como Darwin, Hamilton y Trivers, sugieren que la biología podría eventualmente construir una explicación científica plausible de un núcleo de la moralidad humana. Según este proyecto, la moralidad y la ..

The ethics of firefighting is a seriously underexplored field. This is unfortunate, since firefighting raises issues of great social importance and has the potential to inform moral theorizing. In the first part of this paper, I explore possible reasons why firefighting ethics has received so little academic attention and argue that it warrants study in its own right. I do so primarily by comparing firefighting ethics to medical ethics, demonstrating their close relationship yet pointing out important (...) differences: firefighting is less professionalized than medicine, the caregiver-patient relationship is not central in firefighting, firefighters need to concern themselves with other values than life and limb, they face greater and qualitatively different risks than medical personnel, and they have to make almost every operative decision under conditions of temporal stress. In the second part of the paper, I argue that some elements from medical ethics may be adapted for use in firefighting ethics. I illustrate this by applying four mid-level principles from mainstream medical ethics to firefighting – the principles of autonomy, non-maleficence, beneficence, and justice. I argue that they are indeed applicable in firefighting ethics, but that they need modification and their relative weight is different. Respect for autonomy is of limited importance in firefighting. Non-maleficence is important, and beneficence is central. The special principle of beneficence for firefighters is best thought of as grounded in firefighters’ contractual obligations rather than in a general principle that one should help someone in peril. As regards the principle of justice, there is a case for applying a utilitarian principle of justice on the operative level and a principle of a decent minimum aid on the policy level. The latter can be brought about by comparatively simple and low-cost means, such as a volunteer fire service and subsidized fire equipment. (shrink)

Metaphors from strategic management can be applied effectively to business ethics programs. While effective strategies help implement ethical decisions that are formulated in good faith, ostensibly value-neutral control mechanisms can indirectly affect the substantive nature of policies and decisions themselves. This article examines the effectiveness of various corporate social responsibility implementation strategies. It also addresses the effects of implementation choices on the substantive formulation of ethical decisions and policies.Implementation and evaluation of corporate social responsibility programs through models of responsiveness (...) are integrated into the social policy cycle using four tools: strategic control and performance control approaches, and hierarchical control and contractual control structures. The choices made among these forms of control approaches and structures, which as implementation mechanisms are typically considered to be value-free devices, may affect the substance of corporate social responsibility content. Hierarchical control structures, which use outside directors, tend to be associated with performance control approaches, and are biased towards applying utilitarian approaches to ethical decision making. Contractual control structures are compatable with strategic control approaches, and generally favor the application of principle-based approaches to ethical decision-making. Both the content and the quality of ethical decisions will be affected by differences between hierarchical and contractual control. (shrink)

Many studies have emphasized the importance of medical, insurance, and workplace systems treating individuals fairly in work disability prevention and return-to-work. However, ethical theories and perspectives from these different systems are rarely discussed in relation to each other, even though in practice these systems constantly interact. This paper explores ethical theories and perspectives that may apply to the WDP–RTW field, and discusses these in relation to perspectives attributed to dominant stakeholders in this field, and to potential differences in different jurisdictional (...) contexts. Literature was sought primarily in biomedical ethics, business ethics, and public administration ethics. In biomedical ethics, four ethical principles are dominant: autonomy, beneficence, nonmalevolence, and justice. Business ethics involve theories on Corporate Social Responsibility, social contracts, and organizational justice. Public administration ethics focus on constitutional theory, citizenship, social equity, virtue, and public interest. Several concepts were identified as relevant for ethical analyses in the WDP–RTW field, including justice; individual autonomy; nonmalevolence; economic and social responsibility; and social contracts. These concepts provide a vocabulary that may be used to analyze stakeholders’ actions and interactions in RTW processes. It was also noted how the power balance between stakeholders will influence which ethical perspectives will influence RTW. Jurisdictional differences that influence RTW processes with regard to stakeholder responsibilities were identified, as well as varying beliefs as to who is the client in different compensation systems. A social contractual approach may inform an analysis of cultural and legal differences. (shrink)

The fundamental ethical problem in bankruptcy is that insolvents have promised to pay their debts but can not keep their promise. The Ethics of Bankruptcy examines the morality of bankruptcy. The author compares and contrasts the Humean doctrine of promises as useful conventions with the Kantian view of autonomous agency constituting promissory obligations; he explores ethical concerns raised by forgiveness, utilitarianism and distributive justice and the moral aspects of insolvents' contractual, fiduciary, tortious and criminal liability. Finally, the author (...) assesses recent bankruptcy law reforms. Bankruptcies severly hurt creditors and society. For the insolvents and their families the experience is painful and stigmatising, yet philosophers have paid little attention to the moral aspects of this violent social phenomenon. The Ethics of Bankruptcy is the first comprehensive study that employs the tools of ethics to examine the controversies surrounding insolvency, which makes valuable and sometimes controversial reading in a decade recovering from the Recession. (shrink)

The fundamental ethical problem in bankruptcy is that insolvents have promised to pay their debts but can not keep their promise. _The Ethics of Bankruptcy_ examines the morality of bankruptcy. The author compares and contrasts the Humean doctrine of promises as useful conventions with the Kantian view of autonomous agency constituting promissory obligations; he explores ethical concerns raised by forgiveness, utilitarianism and distributive justice and the moral aspects of insolvents' contractual, fiduciary, tortious and criminal liability. Finally, the author (...) assesses recent bankruptcy law reforms. Bankruptcies severly hurt creditors and society. For the insolvents and their families the experience is painful and stigmatising, yet philosophers have paid little attention to the moral aspects of this violent social phenomenon. _The Ethics of Bankruptcy_ is the first comprehensive study that employs the tools of ethics to examine the controversies surrounding insolvency, which makes valuable and sometimes controversial reading in a decade recovering from the Recession. (shrink)

Necro-advertising refers to the use of deceased celebrities in advertising. This practice offers unique advantages to brands that seek to benefit from positive associations with timeless celebrities at a more affordable cost than celebrity endorsement. Nevertheless, how consumers actually respond to the use of deceased celebrities in advertising remains under-theorized. This research is the first to empirically examine consumers’ ethical judgments about necro-advertising practices. In particular, drawing from the signaling theory, it demonstrates the impact of consumer inferences about the existence (...) of a legal agreement for using deceased celebrities’ images on brand ethicality. The results of two experimental studies show that a low-equity brand is more likely to be perceived as unethical when using necro-advertising since consumers have limited knowledge about these brands. Conversely, our findings confirm how a high level of equity prevents from the aforementioned adverse effects since these brands’ assets send a credible signal about their capability to get approval from a deceased celebrity’s estate for the use of its image. While deepening current knowledge on the perceived ethicality of necro-advertising practices, this research uncovers the moderating effect of equity on consumer inferences about brand ethicality. The results also suggest managerial caveats and guidelines for low-equity brands. In particular, while necro-advertising may have a negative impact on the perceived ethicality of low-equity brands, disclosing a statement about a contractual engagement with the deceased celebrity’s estate can mitigate this negative effect by providing an unequivocal signal that the brand is acting ethically. (shrink)

Modern mainstream ethical theories with its overemphasis on autonomy and non-interference have failed to adequately respond to contemporary social problems. A new ethical perspective is very much needed. Thanks to Carol Gilligan's 1982 groundbreaking work, 'In a Different Voice' , we now not only have virtue and communitarian ethicists, but also a group of feminist philosophers, charting a new direction for ethics that tempers modern ethics' obsession with autonomy, contractual rights, and abstract rules. Nel Noddings, in her (...) 'Caring: A Feminine Approach to Ethics and Moral Education', further contributed to this important discussion. In this work, Noddings proposes a new kind of moral ideal. She calls it "caring." Noddings defines "caring," as a direct, felt concern and action from the one-caring toward the well-being of the cared-for. In other words, care is a state of mental engrossment and motivational displacement that impels caring actions for the happiness of the cared-for and it transcends any rule-bound moral judgment. A caring attitude is best manifest in the spontaneous emotive bond of love between a mother and a child. This human relation of unscrutinized maternal love and care should be the model of ethics. Noddings's theory evokes a vigorous debate concerning whether or not the model can withstand rigorous philosophical scrutiny as a stand-alone ethical theory. This paper first discusses the strengths and weaknesses of a pure care ethics. Secondly, it demonstrates why both the Kantian and the Aristotelian attempts are unsatisfactory, and it offers a Confucian solution to the problems of care ethics. It argues that notwithstanding gender-oppressive practices that are at times associated with Confucianism, Confucian ethics of 'ren' (humaneness) is both more compatible with care ethics and is better equipped with conceptual resources than Kantian liberalism or Aristotelian virtue ethics to handle the moral predicament of the postmodern world. The paper demonstrates that care is an inherent element of Confucian 'ren' but that 'ren' is more than Noddings's care. It examines three essential principles that can be extracted from philosophical classical Confucianism: (1) an affectionate and particularistic approach to persons, (2) the mutual conditioning of the two prominent Confucian virtues -- humaneness (ren) and ritual propriety (li), and (3) the inseparability of the familial and the political self. The last section of the paper applies Confucian care ethics to concrete cases such as the geriatric care crisis and the problem of poverty. (shrink)

In a number of recent articles, the debate on the ethics of fractional reserve “free” banking has been extended to loan maturity mismatching, specifically the banking practice of borrowing short and lending long. Barnett and Block :711–716, 2009; 2010) claim the practice is illicit, because like fractional reserve banking it creates duplicate property titles. They argue there is a continuum in the time dimension between the two kinds of activities. Bagus and Howden :399–406, 2009; 106:295–300, 2012a; Eur J Law (...) Econ, 2012b; Bus Ethics 22:235–245, 2013) maintain that loan maturity mismatching does not create duplicate titles and is not illicit, and that from an economic and legal perspective there is no continuum with fractional reserve banking. Cachanosky and Evans enter the debate from the free-banking standpoint and view both practices as legitimate. In this paper, I agree with the conclusions of Bagus and Howden, but adopt a different approach to support this position. Using the title-transfer theory of contract, I demonstrate from first principles why loan maturity mismatching does not create duplicate property titles and is a legitimate practice. Employing this same theory, I then present a novel argument to show why the contractual arrangements found in fractional reserve banking are logically contradictory and illegitimate. (shrink)

Clinical Study Agreements can have profound effects both on the protection of human subjects and on the independence of investigators to conduct research with scientific integrity. Sponsors, institutions, and even investigators may fail to give adequate attention to these issues in the negotiation of CSAs. Despite the key role of CSAs in structuring ethically important aspects of research, they remain largely unregulated and unreviewed for adherence to ethical norms. Academic institutions routinely enter into research contracts that fail to meet adequate (...) ethical standards. This is a failing that can have serious consequences.Accordingly, it is necessary that some independent body have the authority both to review research contracts for compliance with norms of subject protection and ethical integrity, and to reject studies that fail to meet ethical standards. Such review should take place prior to the start of research, not later. Because of its expertise and authority, the institutional ethics review board is the appropriate body to undertake such review. Much recent commentary has focused on contractual restrictions on the investigator’s freedom to publish research findings. The Olivieri experience, and that of other investigators, has brought freedom of publication issues into sharp focus. Clinical study agreements also raise a number of other ethical issues relating to human subjects and research integrity, however, including disclosures relating to patient safety, data analysis and reporting, budget, confidentiality, and premature termination of the study. This paper describes the ethical issues at stake in structuring such agreements and suggests ethical standards to guide institutional ethics review. (shrink)

What does it mean to be ethical in psychotherapy? Does adherence to ethical codes and rules make a psychotherapist ethical? This article examines standard ways of thinking about ethics in the field and argues that these ways are inadequate, creating a false dichotomy between the ethical and the clinical, and that they are designed only for formal and contractual relationships, in which psychotherapy is more often personal and affecting. The ethic of care and the approach to ethics (...) of Emmanuel Levinas are presented as additional approaches, along with their challenges to rationality and autonomy. An ethic of listening is then presented, and it is argued that ethics should be not an afterthought, but the primary consideration of clinical utility. (shrink)

What does it mean to be ethical in psychotherapy? Does adherence to ethical codes and rules make a psychotherapist ethical? This article examines standard ways of thinking about ethics in the field and argues that these ways are inadequate, creating a false dichotomy between the ethical and the clinical, and that they are designed only for formal and contractual relationships, in which psychotherapy is more often personal and affecting. The ethic of care and the approach to ethics (...) of Emmanuel Levinas are presented as additional approaches, along with their challenges to rationality and autonomy. An ethic of listening is then presented, and it is argued that ethics should be not an afterthought, but the primary consideration of clinical utility. (shrink)

In the past decade, the use of the Chapter XI has soared to the detriment of many creditors, workers, and consumers. A good number of cases were not based on imminent insolvency, but on firms attempts to avoid litigation claims against them, to terminate labor or other contractual obligations, or to gain new financing.These filings for Chapter XI highlight the use of bank-ruptcy as a strategic option used by management in running a viable organization. This usage is even advised (...) by some academics and management consultants. (shrink)

Most contemporary discussions of institutional ethics take contractual rather than fiduciary relations as the model for describing moralresponsibilities, leaving institutional boards with few resources to support and critique their moral behavior. I argue that institutional fiduciary relationships cannot be characterized as contracts, either in fact or function. Each form of relationship privileges a different set of behaviors and values that are far from interchangeable.

Initiatives which offer support to primary care practitioners interested in research have become widespread in the UK. There has been little debate, however, about the ethical issues involved in such interactions with practitioners. Established codes of practice and analyses of the institutional and strategic contexts have been used to inform this discussion. The paper concludes with a recommendation that more explicit quasi-contractual relationships should be negotiated between those offering and those seeking help.

Although nonhuman entities are indeed incapable of entering into contractual relations with humans or of participating in social dialogue on ethical norms, they can nonetheless become the objects of moral consideration on the part of humans. Moral consideration need not be extended universally to all nonnatural entities, but only to those entities with which humans interact. Rather than regard some or all of the natural world as having “intrinsic value,” considered judgments must be made regarding which parts of nature (...) can be legitimately used for human purposes and which should be left alone. What needs to be justified are not attempts to preserve nature but rather any human interventions which infringe on the autonomy of nature. (shrink)

This book uses Kant's idea of imperfect duty to extend the theory of the firm. Unlike perfect duty which is contractual or otherwise legally binding, imperfect duty consists of those commitments of choice that pursue some moral value, but that have practical limits to their pursuit. The author presents a broad view of the imperfect duties of management, defined as a nexus of all commitments to do good involving relations internal and external to the firm. This nexus consists of (...) three overlapping categories of (i) building a virtuous managerial community, (ii) pursuing reasoned managerial discourse, and (iii) diligent and reasoned pursuit of the body of routine managerial duties such as capital budgeting and internal controls. Specific applications of the nexus theory for stakeholder relations via fair negotiation, and for analysis of the effects on the managerial team of perquisite consumption are presented. This book has major implications for research in business ethics and allows critical insights into managerial decision making. (shrink)

. American businesses and corporate executives are faced with a serious problem the loss of public confidence. Public criticism, increased government controls, and growing expectations for improved financial performance and accountability have accompanied this decline in trust. Traditional approaches to corporate governance, typified by agency theory and stakeholder theory, have been expensive to direct and have focused on short-term profits and organizational systems that fail to achieve desired results. We explain why the organizational governance theories are fundamentally, inadequate to build (...) trust. We advance a conceptual framework based on stewardship theory characterized by “covenantal relationships” and argue that design of governance mechanisms using a covenantal approach is more effective in building trust in organizations. A covenantal relationship is a specialized form of a relational contract between an employee and his or her organization. We argue that regardless of incentives and control mechanisms carefully designed through contractual mechanisms, in the absence of covenantal relationships it is extremely difficult to build trust within organizations. We propose that organizations are more likely to build trust – both at the organizational level and at the interpersonal level – when they create reinforcing and integrated systems that honor implied duties of “covenantal relationships.”. (shrink)

International transfers of human biological material (biospecimens) and data are increasing, and commentators are starting to raise concerns about how donor wishes are protected in such circumstances. These exchanges are generally made under contractual material transfer agreements (MTAs). This paper asks what role, if any, should research ethics committees (RECs) play in ensuring legal and ethical conduct in such exchanges. It is recommended that RECs should play a more active role in the future development of best practice MTAs (...) involving exchange of biospecimens and data and in monitoring compliance. (shrink)

The article provides answers to comments in this journal on my recent book, Setting Health-Care Priorities. What Ethical Theories Tell Us. Did I address all of the relevant theories? Yes, I did. Was my argument underdeveloped in any respects? Yes, at least in one as I should perhaps have discussed contractual ethical thinking more carefully. I do so in this response. Moreover, the critical comments raised have helped me to clarify my argument in many ways, for which I thank (...) my critics. (shrink)

Abstract:This paper reports a phenomenological sub-study of a larger project investigating the way Hong Kong Chinese staff tackled their own ethical dilemmas at work. A special analysis was conducted of eight dilemma cases arising from a request by a boss or superior authority to do something regarded as ethically wrong. In reports of most such cases, staff expressed feelings of contractual or interpersonally based obligation to obey. They sought to save face and preserve harmony in their relationship with authority (...) by choosing between “little potato” obedience, token obedience, and undercover disobedience. Only where no such obligation existed was face in relation to authority unimportant, and open disobedience chosen. In Kohlbergian terms, ethical reasoning at the conventional stages (three and four) predominated in dilemmas of obedience. Findings imply that if corruption were to originate at the top, codes of conduct recently introduced into Hong Kong may be of limited effect in stalling it. (shrink)

Reading Hobbes in light of both the history of ethics and the conceptual apparatus developed in recent work on normativity, this book challenges received interpretations of Hobbes and his historical significance. Arash Abizadeh uncovers the fundamental distinction underwriting Hobbes's ethics: between prudential reasons of the good, articulated via natural laws prescribing the means of self-preservation, and reasons of the right or justice, comprising contractual obligations for which we are accountable to others. He shows how Hobbes's distinction marks (...) a watershed in the transition from the ancient Greek to the modern conception of ethics, and demonstrates the relevance of Hobbes's thought to current debates about normativity, reasons, and responsibility. His book will interest Hobbes scholars, historians of ethics, moral philosophers, and political theorists. (shrink)

Many academic philosophers and ethicists are appointed to teach ethics to medical students. We explore exactly what this task entails. In South Africa the Health Professions Council's curriculum for training medical practitioners requires not only that students be taught to apply ethical theory to issues and be made aware of the legal and regulatory requirements of their profession, it also expects moral formation and the inculcation of professional virtue in students. We explore whether such expectations are reasonable. We defend (...) the claim that physicians ought to be persons of virtuous character, on the grounds of the social contract between society and the profession. We further argue that since the expectations of virtue of health care professionals are reasonable, it is also sound reasoning to expect ethics teachers to try to inculcate such virtues in their students, so far as this is possible. Furthermore, this requires of such teachers that they be suitable role models of ethical practice and virtue, themselves. We claim that this applies to ethics teachers who are themselves not members of the medical profession, too, even though they are not bound by the same social contract as doctors. We conclude that those who accept employment as teachers of ethics to medical students, where as part of their contractual obligation they are expected to inculcate moral values in their students, ought to be prepared to accept their responsibility to be professionally ethical, themselves. (shrink)

“It is this distancing of personal relationships, combined with their replacement by written contractual terms and conditions, which make the discussion of ethics within a corporate institutionalised context highly limited and problematic.’ The challenge is to find means of personalising modern corporations so as to encourage ethical behaviour. Atul K. Shah PhD ACA gained his doctorate from the London School of Economics and is Lecturer in the Department of Accounting and Financial Management, at the University of Essex, Wivenhoe (...) Park, Colchester CO4 3SQ; e‐mail [email protected]. This article was conceived while he was Visiting Assistant Professor at the College of Business, University of Maryland, USA. The author wishes to thank Dan Ostas, Lee Preston and Stephen Loeb for helpful comments on earlier drafts. (shrink)

This article is a theoretical and empirical exploration of the meaning that accompanies contractual agreements, such as the End-User License Agreements (EULAs) that participants of online communities are required to sign as a condition of participation. As our study indicates, clicking “I agree” on the often lengthy conditions presented during the installation and updating process typically permits third parties (including researchers) to monitor the digitally-mediated actions of users. Through our small-scale study in which we asked participants which terms of (...) EULAs they would find agreeable, the majority confirmed that they simply clicked through the terms presented to them without much knowledge about the terms to which they were agreeing. From a research ethics standpoint, we reflect upon whether or not informed consent is achieved in these cases and pose a challenge to the academic research community to attend to the socio-technical shift from informed consent to a more nebulous concept of contractual agreement, online and offline. (shrink)

This article critically evaluates and contests the flagship benefit delivery system Universal Credit for lone mothers by focusing on some of the ethical challenges it poses, as well as some key implications it holds for social work with lone mothers and their children. Universal Credit was first introduced in the United Kingdom (UK) in 2008, and echoes conditionality-based welfare policies adopted by neoliberal governments internationally on the assumption that paid employment offers a route out of poverty for citizens. However, research (...) evidence suggests that the risks of conditionality polices for lone parents can often include increased poverty, a deterioration in mental health or even destitution posed by paternalistic sanctions or precarious low-paid employment, which can undermine parenting capacities and children’s well-being. The article also critically appraises and questions challenges posed by an increased reliance upon contractual ethics by governments, alongside the wider behaviour-modifying policies of the workfare-orientated state. This includes that working-class lone mothers can erroneously be stigmatised as representing a morally challenged dependent burden through activation policies and risk-averse social work practices. (shrink)

Whatever ethnic, religious, or other cultural boundaries may have evolved through history, a global corporate culture is increasingly subsuming these traditional divisions. Multinational corporations, internationally linked securities markets, and omnipresent communication networks characterize this global corporate culture. The dynamics of corporate culture centres on the intricate web of contractual relations between stakeholders. This study addresses the question of how these stakeholder contracts can be most efficiently enforced. Three alternative contractual enforcement mechanisms are identified: the legal system, a generally (...) accepted moral code, and stakeholders' desire to build and maintain reputations. Each alternative is critically evaluated and conclusions are drawn as to the relative feasibility and desirability of each enforcement mechanism. (shrink)

The purpose of this essay is to exhibit certain crucial shortcomings of some representative empiricist and anti-empiricist ethical theories and to sketch an empiricist ethics which is not exposed to these objections and adequate to our cognitive and practical position in the world. The discussion falls into two parts. Part I, which is mainly critical, begins with a general distinction between empiricist and anti-empiricist ethical theories and surveys the assumptions which are permissible to the former in the sphere of (...) factual beliefs, practical attitudes and logical inference. It then examines the central theses of three kinds of empiricist ethical theory, namely utilitarian, contractual and emotivist theories and of three corresponding kinds of anti-empiricist theory which can be viewed as attempts at correcting the faults of their empiricist counterparts. Part II, which is mainly constructive, contains a sketch of a new empiricist ethics and in its light a brief discussion of various types of moral system of the limits of moral pluralism and the nature of moral argument. (shrink)

This posthumous publication attempts to answer the question of what moral code is the most reasonable. Philosophers often turn to consequentialism or deontological ethics to address this issue. As the author points out, each has valid arguments but each is unable to get the other side to agree. To rectify this, he proposes a third way. Inside, readers will discover a theory that tries to do justice to both sides. The author first details consequentialism and deontological ethics. He (...) also explains their fundamental conflict. One holds the view that you should do what has the best consequences. The other believes that there are actions which are wrong to do even if they have the best consequences. Next, the volume considers various ways to solve this conflict. Would rejecting one theory work? Or, is it possible to somehow reconcile them. The author shows why these solutions fail. He then goes on to present his own. The resulting contractual theory brings together the two opposing ethical convictions. It proposes that what is right and wrong depends on what norms people would agree to. Throughout, coverage explores the psychological, sociological, and historical background of the moral theories discussed. The reason is that moral theories are embedded in social and psychological contexts. They are better understood when the contexts are explicit. This key feature distinguishes the volume from other works in moral philosophy. At the time of his death in July 2011, Jan Österberg was close to completing this manuscript. It was taken up and fully completed by Erik Carlson and Ryszard Sliwinski, both of Uppsala University. (shrink)

Ethical dilemmas arise when one must decide between conflicting ethical imperatives. One potential ethical dilemma is a manager’s decision of whether to engage in corporate social responsibility activities. This decision could pit the ethical imperative of honoring unwritten obligations to society against the ethical imperative of honoring contractual obligations to the firm. However, CSR activities might only be a minor ethical dilemma or none at all if they simultaneously benefit the firm and society. To examine this I test the (...) association between future-period employee productivity and current-period use of one type of CSR activity: employee volunteer programs. I use a unique sample of 1428 firm-years, hand-collected from sustainability reports of 373 firms. I find evidence that the current-period use of an employee volunteer program has a positive association with future-period employee productivity. I find this result in future periods up to 6 years after a firm uses an employee volunteer program. I also find a positive association between incentives that focus CEOs’ attention on long-term firm outcomes and more extensive employee volunteer programs. (shrink)

ABSTRACTThis article critically examines the practice and ethical underpinnings of Collaborative Law, one of the newest processes in the ADR suite of options available to parties in dispute. CL has been described as mediation without the mediator. The parties and their lawyers agree to negotiate in good faith and in a cooperative non-adversarial manner without the assistance of a mediator. However, controversially, they also agree that if settlement is not reached, the lawyers are to withdraw and be disqualified from representing (...) the parties in any subsequent litigation. The parties must engage new lawyers and often new expert witnesses if they wish to proceed with litigation. In this article, the author highlights the potential for CL lawyers to exert undue pressure on their clients as the goal of settlement is given priority over the interests of the clients. The article describes the main features of CL, its contractual supports, its potential benefits and the potential for its abuse. (shrink)

To be fully understood, contemporary forms of racism must be grasped as ethical ideologies rooted in an independent system of value classification. Racism does not merely result from an intrusion of strategic action on communicative action, as discourse ethicists might argue. In contemporary racism, the minority group is seen as perversely incapable of developing a capacity for the behavior that would constitute just moral reciprocity as decided in the contractual situation. Their standing as members of the moral community is (...) thereby qualilied To address racism discursively, the racist must be met with more than an abstract moral demand. Rather, racists must be confronted with the needs and capacities of the racial outsider, so that they might perceive her acts as virtuous and recognize the aptness of her use of value-concepts. (shrink)

To be fully understood, contemporary forms of racism must be grasped as ethical ideologies rooted in an independent system of value classification. Racism does not merely result from an intrusion of strategic action on communicative action, as discourse ethicists might argue. In contemporary racism, the minority group is seen as perversely incapable of developing a capacity for the behavior that would constitute just moral reciprocity as decided in the contractual situation. Their standing as members of the moral community is (...) thereby qualilied To address racism discursively, the racist must be met with more than an abstract moral demand. Rather, racists must be confronted with the needs and capacities of the racial outsider, so that they might perceive her acts as virtuous and recognize the aptness of her use of value-concepts. (shrink)

In this paper we challenge the idea that valid consent is the golden standard by which a sexual encounter is deemed ethical. We begin by reviewing the recent public focus on consent as an ethical standard, and then argue for a standard that goes beyond legalistic and contractual foci. This is the standard of mutuality which extends beyond the assurance that all parties engaging in a sexual encounter are informed, autonomous, and otherwise capable of making a valid choice: one (...) must also encounter the other with care and loving attention. We develop this claim using Iris Murdoch’s concept of an attitude of “loving attention,” which differentiates our view from the duty of due diligence to ensure that each person is a willing participant in sex, that the rights of others have not been violated, as emphasized by Dougherty. We also address three objections to using mutuality as a measure of ethical sex, namely that it is patronizing, that it is a maximalist position that puts too great a burden on individuals and inhibits their freedom, and that it is an ideal rather than a requirement. We then look at three examples that test the construct of mutuality: the typical college hook-up, sex work, and anonymous sex through glory holes and similar set-ups. (shrink)

The treatment of employees during downsizing and corporate restructuring raises many ethical issues. To provide a common framework for understanding ethical decisions facing organizations delivering the news of dismissal to affected employees, Integrative Social Contracts Theory and the research on social exchange was used to integrate existing research on employee dismissal. Of particular importance was determining the criteria necessary to manage the dismissal process within ethical boundaries. Three basic criteria, which together represent a variety of contractual and transactional obligations, (...) are proposed as necessary for an ethical approach to dismissal; 1) advance warning of the job loss, 2) open communication, and 3) institutionalized support services. The frequency with which organizations meet these criteria is examined using a geographically dispersed, cross-organizational sample of 770 involuntarily displaced professional employees. In addition, the effect of such an ethical approach to dismissal on individual psychological and financial outcomes is examined. Findings are discussed as they relate to the implicit contract between employee and employer and organizations' responsibility to employees during corporate restructuring. (shrink)

This study investigated the business ethics experiences of Australian managers in China, using qualitative methodology to identify themes. Thirty-one Australian managers who had spent on average 8.7 years working in business connected to China participated in in-depth interviews regarding their business ethics experiences in China. Commonly, managers identified issues relating to a broad spectrum which could be labelled "bribery and facilitation". Other repeated themes included requests for visa assistance, employee theft, nepotism and non-adherence to contractual obligations. This (...) study has important implications for helping Australian managers improve the way they approach potential ethical situations in China. Four key coping strategies can be identified from the data: managers spoke of not compromising their own morals, of attempting to understand the motivation of Chinese colleagues, of talking to others and of adhering to company policy. These strategies suggest practical steps may be taken by organisations when training managers for business activities in China. In particular, structuring of mentoring relationships between experienced and less experienced practitioners may be of assistance. Cultural training for managers and clear company policy on contentious issues such as bribery may also be of benefit. The themes identified in the study also have implications for academics researching expatriate business peoples' experiences in China. (shrink)