Results for 'liability'

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  1. Robert H. malott.Liability Law - 1989 - In A. Pablo Iannone (ed.), Contemporary Moral Controversies in Business. Oxford University Press. pp. 376.
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  2. Mary Jane sheffet.Market Share Liability - 1989 - In A. Pablo Iannone (ed.), Contemporary Moral Controversies in Business. Oxford University Press.
     
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  3.  84
    Liability and risk.David McCarthy - 1996 - Philosophy and Public Affairs 25 (3):238-262.
    Standard theories of liability say that X is liable to Y only if Y was harmed, only if X caused Y harm, and (usually) only if X was at fault. This article offers a series of criticisms of each of these claims, and use them to construct an alternative theory of liability in which the nature of X's having imposed a risk of harm on Y is central to the question of when X is liable to Y, and (...)
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  4. Civil liability and the 50%+ standard of proof.Martin Smith - 2021 - International Journal of Evidence and Proof 25 (3):183-199.
    The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, (...)
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  5. Complicitous liability in war.Saba Bazargan - 2013 - Philosophical Studies 165 (1):177-195.
    Jeff McMahan has argued against the moral equivalence of combatants (MEC) by developing a liability-based account of killing in warfare. On this account, a combatant is morally liable to be killed only if doing so is an effective means of reducing or eliminating an unjust threat to which that combatant is contributing. Since combatants fighting for a just cause generally do not contribute to unjust threats, they are not morally liable to be killed; thus MEC is mistaken. The problem, (...)
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  6. Rights, Liability, and the Moral Equality of Combatants.Uwe Steinhoff - 2012 - The Journal of Ethics 16 (4):339-366.
    According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...)
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  7.  9
    Contractual Liability: for Fault or Strict?Simona Selelionytė-Drukteinienė - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1417-1441.
    The author investigates the necessity of fault as the prerequisite of contractual civil liability. The author makes the conclusion that Lithuanian law, following most of the countries belonging to the civil law tradition and contrary to the common law systems, as well as Vienna convention, UNIDROIT principles, PECL and DCFR, begins with the theory that fault is a requirement for contractual liability. Strict liability in Lithuanian law is the exception of this general rule. Nevertheless, the author argues (...)
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  8. Just saying, just kidding : liability for accountability-avoiding speech in ordinary conversation, politics and law.Elisabeth Camp - 2022 - In Laurence R. Horn (ed.), From lying to perjury: linguistic and legal perspective on lies and other falsehoods. De Gruyter Mouton. pp. 227-258.
    Mobsters and others engaged in risky forms of social coordination and coercion often communicate by saying something that is overtly innocuous but transmits another message ‘off record’. In both ordinary conversation and political discourse, insinuation and other forms of indirection, like joking, offer significant protection from liability. However, they do not confer blanket immunity: speakers can be held to account for an ‘off record’ message, if the only reasonable interpreta- tions of their utterance involve a commitment to it. Legal (...)
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  9. Defensive Liability Without Culpability.Saba Bazargan-Forward - 2016 - In Christian Coons & Michael Weber (eds.), The Ethics of Self- Defense. Oxford University Press.
    A minimally responsible threatener is someone who bears some responsibility for imposing an objectively wrongful threat, but whose responsibility does not rise to the level of culpability. Minimally responsible threateners include those who knowingly commit a wrongful harm under duress, those who are epistemically justified but mistaken in their belief that a morally risky activity will not cause a wrongful harm, and those who commit a harm while suffering from a cognitive impairment which makes it prohibitively difficult to recognize and (...)
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  10. Liability to International Prosecution: The Nature of Universal Jurisdiction.Anthony Reeves - 2017 - European Journal of International Law 28 (4):1047-1067.
    The paper considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish, and articulates an alternative account of how that theoretical task is properly conducted. The received view says that a special relationship is the ground of a tribunal’s authority to prosecute and, hence, that a normative theory of that authority is faced with identifying a distinctive relation. The alternative account locates prosecutorial standing on an institution’s capacity to (...)
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  11.  51
    Liability for Robots: Sidestepping the Gaps.Bartek Chomanski - 2021 - Philosophy and Technology 34 (4):1013-1032.
    In this paper, I outline a proposal for assigning liability for autonomous machines modeled on the doctrine of respondeat superior. I argue that the machines’ users’ or designers’ liability should be determined by the manner in which the machines are created, which, in turn, should be responsive to considerations of the machines’ welfare interests. This approach has the twin virtues of promoting socially beneficial design of machines, and of taking their potential moral patiency seriously. I then argue for (...)
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  12.  33
    Partial liability.Alex Kaiserman - 2017 - Legal Theory 23 (1):1-26.
    In most cases, liability in tort law is all-or-nothing—a defendant is either fully liable or not at all liable for a claimant's loss. By contrast, this paper defends a causal theory of partial liability. I argue that a defendant should be held liable for a claimant's loss only to the degree to which the defendant's wrongdoing contributed to the causing of the loss. I ground this principle in a conception of tort law as a system of corrective justice (...)
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  13. The Liability of Justified Attackers.Uwe Steinhoff - 2016 - Ethical Theory and Moral Practice 19 (4):1016-1030.
    McMahan argues that justification defeats liability to defensive attack (which would undermine the thesis of the "moral equality of combatants"). In response, I argue, first, that McMahan’s attempt to burden the contrary claim with counter-intuitive implications fails; second, that McMahan’s own position implies that the innocent civilians do not have a right of self-defense against justified attackers, which neither coheres with his description of the case (the justified bombers infringe the rights of the civilians) nor with his views about (...)
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  14.  5
    Tort Liability Under Uncertainty.Ariel Porat & Alex Stein - 2001 - Oxford University Press UK.
    The book provides a comprehensive and principled account of the uncertainty problem that arises in tort litigation. It presents and critically examines the existing doctrinal solutions of the problem, as evolved in England, the United States, Canada, and Israel, and also offers a number of original solutions, such as imposition of collective liability and liability for evidential damage. Among the issues dealt with by the book are rapidly developing areas of tort law, such as mass torts, liability (...)
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  15.  95
    Liability and Just Cause.Thomas Hurka - 2007 - Ethics and International Affairs 21 (2):199-218.
    This paper is a response to Jeff McMahan's "Just Cause for War". It defends a more permissive, and more traditional view of just war liability against McMahan's claims.
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  16.  10
    Criminal Liability for Unlawful Engagement in Economic, Commercial, Financial or Professional Activities: In Search of Optimal Criteria.Oleg Fedosiuk - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (1):301-317.
    This article focuses on the problem of criminal liability for unlawful engagement in economic activities, analyses the emergence and development of this norm in criminal law and the ways of its optimal explanation. Special attention is paid to the problem of identification of illegality of activities, based on specific tax and economic regulation. The study concludes that criminal liability must be limited to a violation of fundamental requirements for the legality of business, and does not include particular abuses (...)
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  17.  94
    Liability and Responsibility: Essays in Law and Morals.R. G. Frey & Christopher W. Morris (eds.) - 1991 - New York: Cambridge University Press.
    This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third and fourth sections present, in turn, more detailed explorations of the roles of notions of liability (...)
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  18. Criminal Liability for Omissions - An Inventory of Issues.Larry Alexander - 2002 - In Stephen Shute & Andrew Simester (eds.), Criminal Law Theory: Doctrines of the General Part. Oxford University Press.
     
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  19.  44
    Civilian Liability.Helen Frowe - 2019 - Ethics 129 (4):625-650.
    Adil Ahmad Haque argues that civilians who contribute to unjust lethal threats in war, but who do not directly participate in the war, are not liable to defensive killing. His argument rests on two central claims: first, that the extent of a person’s liability to defensive harm in virtue of contributing to an unjust threat is limited to the cost that she is initially required to bear in order to avoid contributing, and, second, that civilians need not bear lethal (...)
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  20.  12
    Criminal Liability for Negligent Accountancy.Justinas Sigitas Pečkaitis - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (1):343-357.
    This article presents the conception of negligent account management, analyses the rules of the criminal act that govern criminal liability for negligent account management, by focussing on the form of guilt and the problem of its content. The plenary session’s conclusion that the two offences – failure to administer bookkeeping and failure to protect the bookkeeping documents – can be committed both intentionally and negligently is disputed in this article. The adoption of the new Criminal Code in 2000, setting (...)
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  21. Liberty, liability, and contractualism.Andrew Williams - 2006 - In Nils Holtug & Kasper Lippert-Rasmussen (eds.), Egalitarianism: New Essays on the Nature and Value of Equality. Clarendon Press.
     
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  22.  47
    Defensive Liability: A Matter of Rights Enforcement, not Distributive Justice.Susanne Burri - 2022 - Criminal Law and Philosophy 16 (3):539-553.
    The Moral Responsibility Account of Liability to Defensive Harm (MRA) states that an agent becomes liable to defensive harm if, and only if, she engages in a foreseeably risk-imposing activity that subsequently threatens objectively unjustified harm. Advocates of the account contend that liability to defensive harm is best understood as an aspect of distributive justice. Individuals who are liable to some harm are not wronged if the harm is imposed on them, and liability to defensive harm thus (...)
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  23.  15
    Disciplinary Liability as a Background for Dismissal of Employees in Lithuania.Tomas Bagdanskis - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1485-1500.
    This article discusses the problematic aspects relating to the employee dismissal based on application of the disciplinary liability. It contains analysis of two grounds for termination of the employment contract without any previous notice: 1) imposing several disciplinary sanctions upon the employee in the course of twelve months, and 2) the employee has only one breach of labour discipline but a gross one. The article is based on legal acts and judgements of Judicial Assemblies of the Civil Division of (...)
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  24.  26
    Liability in the Care of the Elderly.P. Iyer - 2004 - Revista de Filosofía (Madrid) 33 (1):124-131.
    Las posturas dogmáticas y escépticas respecto al problema de las otras mentes comparten al menos un supuesto que las convierte en las dos caras de la misma moneda: pensar que el conocimiento de las otras mentes y el de la propia mente son idénticos. Cavell discute este supuesto compartido y el del mito de lo interno convirtiendo el problema de las otras mentes en un problema de auto conocimiento.
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  25. Exploring Linguistic Liability.Emma Borg & Patrick Joseph Connolly - 2022 - In Ernest Lepore & David Sosa (eds.), Oxford Studies in Philosophy of Language Volume 2. Oxford University Press.
    There is a well-established social practice whereby we hold one another responsible for the things that we say. Speakers are held liable for the truth of the contents they express and they can be sanctioned and/or held to be unreliable or devious if it turns out what they say is false. In this paper chapter we argue that a better understanding of this fundamental socio-linguistic practice – of ascribing what we will term (following Borg (2019)) ‘linguistic liability’ – helps (...)
     
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  26.  41
    Liability, culpability, and luck.Dana Kay Nelkin - 2021 - Philosophical Studies 178 (11):3523-3541.
    This paper focuses on the role of culpability in determining the degree of liability to defensive harm, and asks whether there are any restrictions on when culpability is relevant to liability. A natural first suggestion is that it is only relevant when combined with an actual threat of harm in the situation in which defensive harm becomes salient as a means of protection. The paper begins by considering the question of whether two people are equally liable to defensive (...)
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  27. Between Strict Liability and Blameworthy Quality of Will: Taking Responsibility’.Elinor Mason - 2019 - In David Shoemaker (ed.), Oxford Studies in Agency and Responsibility 6. pp. 241-264.
    This chapter discusses blameworthiness for problematic acts that an agent does inadvertently. Blameworthiness, as opposed to liability, is difficult to make sense of in this sort of case, as there is usually thought to be a tight connection between blameworthiness and something in the agent’s quality of will. This chapter argues that in personal relationships we should sometimes take responsibility for inadvertent actions. Taking on responsibility when we inadvertently fail in our duties to our loved ones assures them that (...)
     
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  28.  45
    Vicarious liability: a solution to a problem of AI responsibility?Matteo Pascucci & Daniela Glavaničová - 2022 - Ethics and Information Technology 24 (3):1-11.
    Who is responsible when an AI machine causes something to go wrong? Or is there a gap in the ascription of responsibility? Answers range from claiming there is a unique responsibility gap, several different responsibility gaps, or no gap at all. In a nutshell, the problem is as follows: on the one hand, it seems fitting to hold someone responsible for a wrong caused by an AI machine; on the other hand, there seems to be no fitting bearer of responsibility (...)
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  29. Liability to Defensive Harm.Jonathan Quong - 2012 - Philosophy and Public Affairs 40 (1):45-77.
  30.  80
    Responsibility, liability, and lethal autonomous robots.Heather M. Roff - 2013 - In Fritz Allhoff, Nicholas Evans & Adam Henschke (eds.), Routledge Handbook of Ethics and War: Just War Theory in the 21st Century. Routledge. pp. 352.
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  31. Strict liability, legal presumptions, and the presumption of innocence.R. A. Duff - 2005 - In Andrew Simester (ed.), Appraising Strict Liability. Oxford University Press. pp. 125-49.
  32. The liabilities of mobility: A selection pressure for the transition to consciousness in animal evolution.Bjorn H. Merker - 2005 - Consciousness and Cognition 14 (1):89-114.
    The issue of the biological origin of consciousness is linked to that of its function. One source of evidence in this regard is the contrast between the types of information that are and are not included within its compass. Consciousness presents us with a stable arena for our actions—the world—but excludes awareness of the multiple sensory and sensorimotor transformations through which the image of that world is extracted from the confounding influence of self-produced motion of multiple receptor arrays mounted on (...)
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  33. Legal liability and clinical ethics consultations: practical and philosophical considerations.Donnie J. Self & Joy D. Skeel - 1988 - In John F. Monagle & David C. Thomasma (eds.), Medical Ethics: A Guide for Health Professionals. Aspen Publishers. pp. 408--16.
     
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  34.  61
    Proportionality, Liability, and Defensive Harm.Jonathan Quong - 2015 - Philosophy and Public Affairs 43 (2):144-173.
  35.  38
    Law, liability and expert systems.Dr Joseph A. Cannataci - 1989 - AI and Society 3 (3):169-183.
    This paper examines some of the possible legal implications of the production, marketing and use of expert systems. The relevance of a legally useful definition of expert systems, comprising systems designed for use both by laymen and professionals, is related to the distinctions inherent in the legal doctrine underlying provision of goods and provision of services. The liability of the sellers and users of, and contributors to, expert systems are examined in terms of professional malpractice as well as product (...)
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  36.  4
    Liability for Emissions without Laws or Political Institutions.Göran Duus-Otterström - 2023 - Law and Philosophy 42 (5):461-486.
    Many climate ethicists maintain that climate policy costs should be borne by those who historically emitted the most greenhouse gases. Some theorists have recently argued, however, that actors only became liable for emitting once the emissions breached legitimate legal regulation governing emissions. This paper challenges this view. Focusing on the climate responsibility of states, it argues that even if we assume that legitimate legal regulation is needed to remove excusable ignorance of entitlements to emit or is constitutive of such entitlements, (...)
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  37.  15
    Defensive Liability and the Moral Status Account.Gerald Lang - 2022 - Washington University Review of Philosophy 2:150-169.
    Jonathan Quong argues for the “moral status” account of defensive liability. According to the moral status account, what makes it the case that assailants lack rights against the imposition of defensive violence on them is that they are treating defenders as if those defenders lack rights against the imposition of aggressive violence on them. This “as if” condition can be met in some situations in which one person, A, commands very good but factually inaccurate evidence that another person, B, (...)
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  38.  48
    Liability to Deception and Manipulation: The Ethics of Undercover Policing.Christopher Nathan - 2016 - Journal of Applied Philosophy 34 (3):370-388.
    Does undercover police work inevitably wrong its targets? Or are undercover activities justified by a general security benefit? In this article I argue that people can make themselves liable to deception and manipulation. The debate on undercover policing will proceed more fruitfully if the tactic can be conceptualised along those lines, rather than as essentially ‘dirty hands’ activity, in which people are wronged in pursuit of a necessary good, or in instrumentalist terms, according to which the harms of undercover work (...)
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  39.  31
    Material Liability of Public Servants in Lithuania: Theory and Practice.Violeta Kosmačaitė & Vidmantas Jurgaitis - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (2):611-625.
    Legal acts of the Republic of Lithuania establish several types of material liability of workers engaged in labour (professional) relations: material liability applied pursuant to the Labour Code of the Republic of Lithuania (hereinafter referred to as the LC) and material liability applied pursuant to the Law on Public Service of the Republic of Lithuania (hereinafter referred to as the LPC). In the present article, theoretical and practical aspects of material liability of Lithuanian public servants for (...)
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  40. Individual Liability in War: A Response to Fabre, Leveringhaus and Tadros.Jeff Mcmahan - 2012 - Utilitas 24 (2):278-299.
    This article is a response to commentaries on my book, Killing in War, by Cécile Fabre, Alex Leveringhaus and Victor Tadros. It discusses the implications of the approach I have defended for the morality of war for such issues as internecine killing in war, humanitarian intervention and the bases of individual liability to attack in war.
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  41. Strict liability and the presumption of innocence: An exposé of functionalist assumptions.Paul Roberts - 2005 - In Andrew Simester (ed.), Appraising Strict Liability. Oxford University Press.
     
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  42.  58
    Criminal Liability as a Last Resort (Ultima Ratio): Theory and Reality.Oleg Fedosiuk - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (2):715-738.
    The modern Lithuanian legal doctrine recognises that criminal liability is a last resort (ultima ratio) protecting the society from various law violations. This idea has got deep roots in criminology and is obviously based on the position of rational approach towards the state criminal policy. However, it is not clear whether it is of obligatory legal status to the legislature and the courts. This article attempts to present the idea of a last resort as a concept based on the (...)
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  43. Liability of living well in the judgement of their author (vol 21, pg 21, 2009).Ralf J. Jox, Mirjam Krebs, Juergen Bickhardt, Karlo Hessdoerfer, Susanne Roller & Gian Domenico Borasio - 2009 - Ethik in der Medizin 21 (2):181-181.
     
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  44.  59
    Liability in the Care of the Elderly.P. Iyer - 2004 - Appraisal 7 (2):124-131.
    This essay provides an overview of Poteat’s thought, beginning with his basic problem of the eradication of the embodied person from accounts of human knowing in the critical tradition. Poteat’s analysis of the move from “place” to “space” as the arena of living shows his procedure. I isolate six elements of the recovery of the person in his work: the necessity of his strange vocabulary, the need to embed knowing in time, the primacy of speech over writing, the centrality of (...)
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  45. Products Liability: Must the Buyer Beware?Arthur Miller - forthcoming - Contemporary Issues in Business Ethics.
     
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  46. Responsibility, Liability, Excuses and Blame.Alan White - 1973 - Studi Internazionali Di Filosofia 5:63-70.
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  47.  4
    Products liability: Supreme Court denies federal preemption claims under MDA.S. D. Wilson - 1996 - Journal of Law, Medicine and Ethics 25 (1):76-77.
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  48. Imposing liabilities on judges for wrong decisions-judicial ethics with chinese characteristics?: Correspondent's report from China.Richard Wu - 2012 - Legal Ethics 15 (2):395.
     
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  49. Necessity and Liability: On an Honour-Based Justification for Defensive Harming.Joseph Bowen - 2016 - Journal of Practical Ethics 4 (2):79-93.
    This paper considers whether victims can justify what appears to be unnecessary defensive harming by reference to an honour-based justification. I argue that such an account faces serious problems: the honour-based justification cannot permit, first, defensive harming, and second, substantial unnecessary harming. Finally, I suggest that, if the purpose of the honour based justification is expressive, an argument must be given to demonstrate why harming threateners, as opposed to opting for a non-harmful alternative, is the most effective means of affirming (...)
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  50.  5
    The Liability of Tribe in Corporate Political Activity: Ethical Implications for Political Contestability.Tahiru Azaaviele Liedong - 2022 - Journal of Business Ethics 181 (3):623-644.
    Political contestability is an important issue in the ethical analysis of corporate political activity (hereafter CPA). Though previous studies have proposed analytical frameworks for creating contestable political systems, these studies conceive firm-level factors such as size and wealth as the main (and perhaps, only) determinants of contestability. This relegates the influences of informal managerial-level attributes such as tribalism, especially in ethnically diverse contexts where politics and tribe are inseparable. In this article, I explore the linkages between managers’ tribal identity and (...)
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