This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because law implicates (...) the use of force and because law ideally reflects the values of a democratic society, seeking to slant the law to serve a client’s narrow interests cannot provide an adequate ethical end for a lobbyist. On the contrary, a lobbyist has an affirmative moral duty to seek reasonably balanced and just laws. The article examines, refines, and defends this proposition in a number of settings. (shrink)

This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because law implicates (...) the use of force and because law ideally reflects the values of a democratic society, seeking to slant the law to serve a client’s narrow interests cannot provide an adequate ethical end for a lobbyist. On the contrary, a lobbyist has an affirmative moral duty to seek reasonably balanced and just laws. The article examines, refines, and defends this proposition in a number of settings. (shrink)

This article explores the motives underlying corporate responses to the COVID-19 pandemic. The analysis begins with Thomas Dunfee’s Statement of Minimum Moral Obligation, which specifies, more precisely than any other contribution to the business ethics canon, the level of corporate beneficence required during a pandemic. The analysis then turns to Milton Friedman’s neoliberal understanding of human nature, critically contrasting it with the notion of stoic virtue that informs the works of Adam Smith. Friedman contends that beneficence should play no role (...) in corporate settings. Smith, by contrast, emphasizes the need for prudence, beneficence and self-command in all human endeavours. The article then uses these competing frameworks to reflect on a published survey of 145 corporate responses to COVID-19. In many of these responses, the benefit to a non-financial stakeholder is clear, while the financial consequence to the firm remains nebulous. This supports the contention that during a pandemic, beneficence provides a more complete explanation of many corporate actions than the profit motive alone. The article contests Friedman’s Chicago School profit imperative and goes beyond Dunfee’s SMMO by endorsing the more full-throated embrace of beneficence and stoic virtue found in the works of Smith. (shrink)

This study explores the legal and ethical issues associated with contract pricing. In particular, it focuses on a set of legal precedents which have addressed the enforceability of allegedly unfair contract prices. Traditionally, the common law has emphasized the consent of the parties. If the parties consented to a given price; it is presumptively fair and enforceable. The cases reviewed in this study, however, seem to draw upon alternative moral conceptions of fairness not normally associated with the common law. The (...) analysis begins by distinguishing the traditional legal conception of fairness from alternative moral conceptions. The cases are then read with a critical eye so as to tease out the underlying principles which best explain them. The analysis illustrates that, notwithstanding judicial rhetoric to the contrary, the courts continue to employ the traditional legal notion of fairness, to the exclusion of alternative moral concerns. The study clarifies an otherwise murky area of the law and illustrates that the legal meaning of fairness differs greatly from the moral one. (shrink)

This article joins a somewhat nascent, but growing, body of scholarship addressing the ethical obligation to pay tax. The analysis is grounded to the ethical duty to obey law generally and highlights two competing orientations to statutory interpretation. The norms of self-interested advocacy suggest that tax planners should assert that interpretation that will generate the most wealth for the client. The norms of professional advising, by contrast, direct the tax planner to interpret tax law with reference to plain meaning, interpretive (...) maxims, court precedents, and legislative purpose. When the two orientations differ, the ethical duty to obey law requires the tax planner to recommend, and for the taxpayer to follow, the latter view. Case studies drawn from a Louisiana sales tax avoidance scheme and from Google’s profit-shifting activities illustrate the ethical issues incumbent in tax interpretation. (shrink)

The main thesis of this essay is that religious inquiry can and should be central to business ethics instruction in both the business school classroom and the corporate boardroom. Religious conviction has always been a major factor in social progress in America. Hence, removing religious inquiry from ethical instruction severely restricts the potency of such instruction to effect change. The essay first analyzes two aspects of American culture that tend to inhibit religious dialogue: American faith in a wall between the (...) secular and the sacred; and a cultural commitment to 'scientific' inquiries when discussing business matters. Although both cultural beliefs must be taken seriously, however, they need not silence one's religious beliefs and values. Two contemporary frameworks for analyzing issues in business ethics—'stakeholder theory' and 'social contract theory'— are then focused upon and it is demonstrated that religious dialogue and religious principles can usefully supplement either approach. (shrink)

Spatial attention and eye-movements are tightly coupled, but the precise nature of this coupling is controversial. The influential but controversial Premotor theory of attention makes four specific predictions about the relationship between motor preparation and spatial attention. Firstly, spatial attention and motor preparation use the same neural substrates. Secondly, spatial attention is functionally equivalent to planning goal directed actions such as eye-movements (i.e. planning an action is both necessary and sufficient for a shift of spatial attention). Thirdly, planning a goal (...) directed action with any effector system is sufficient to trigger a shift of spatial attention. Fourthly, the eye-movement system has a privileged role in orienting visual spatial attention. This article reviews empirical studies that have tested these predictions. Contrary to predictions one and two there is evidence of anatomical and functional dissociations between endogenous spatial attention and motor preparation. However, there is compelling evidence that exogenous attention is reliant on activation of the oculomotor system. With respect to the third prediction, there is correlational evidence that spatial attention is directed to the endpoint of goal-directed actions but no direct evidence that this attention shift is dependent on motor preparation. The few studies to have directly tested the fourth prediction have produced conflicting results, so the extent to which the oculomotor system has a privileged role in spatial attention remains unclear. Overall, the evidence is not consistent with the view that spatial attention is functionally equivalent to motor preparation so the Premotor theory should be rejected, although a limited version of the Premotor theory in which only exogenous attention is dependent on motor preparation may still be tenable. A plausible alternative account is that activity in the motor system contributes to biased competition between different sensory representations with the winner of the competition becoming the attended item. (shrink)

Many experiments have demonstrated that people fail to detect seemingly large visual changes in their environment. Despite these failures, most people confidently predict that they would see changes that are actually almost impossible to see. Therefore, in at least some situations visual experience is demonstrably not what people think it is. This paper describes a line of research suggesting that overconfidence about change detection reflects a deeper metacognitive error founded on beliefs about attention and the role of meaning as a (...) support for a coherent perceptual experience. Accordingly, CBB does not occur in all situations , while the scope of the phenomenon remains broad enough to suggest more than a misunderstanding of a small niche of visual experience. I finish by arguing that despite the very small amount of research on visual metacognition, these beliefs are critical to understand. (shrink)

Plato's "laches" is an investigation into the nature of courage with the intention of demonstrating the difficulty of singling out one virtue, namely courage, and defining it separately from the other cardinal virtues such as bravery, wisdom, justice, temperance, and piety. As the dialogue proceeds it becomes evident that socrates not only relates courage with the battlefield, but also with other spheres of life. Of special interest is his reference of being courageous regarding desires and pleasures where an overlap of (...) virtues is anticipated. This extension of the range of manifestations of courage indicates that his conception of courage transcends the traditional one in which he hints at a new sort of unity of courage and temperance, and on the other of courage and justice. One of plato's main aims in writing this dialogue was to mark out the intellectual limits of the two generals' positions, especially that of nicias, whose philosophical position could appear to be deceptively similar to the socratic one which he did not fully understand. (shrink)

Recently, a number of experiments have emphasized the degree to which subjects fail to detect large changes in visual scenes. This finding, referred to as “change blindness,” is often considered surprising because many people have the intuition that such changes should be easy to detect. Levin, Momen, Drivdahl, and Simons documented this intuition by showing that the majority of subjects believe they would notice changes that are actually very rarely detected. Thus subjects exhibit a metacognitive error we refer to as (...) “change blindness blindness.” Here, we test whether CBB is caused by a misestimation of the perceptual experience associated with visual changes and show that it persists even when the pre- and postchange views are separated by long delays. In addition, subjects overestimate their change detection ability both when the relevant changes are illustrated by still pictures, and when they are illustrated using videos showing the changes occurring in real time. We conclude that CBB is a robust phenomenon that cannot be accounted for by failure to understand the specific perceptual experience associated with a change. (shrink)

Aristotle on the Perfect Life may be viewed as part of such a detailed study. In this book, Kenny discusses a series of topics relating to the central Aristotelian concept of the supreme good, and compares the treatment of these topics in the two treatises. He devotes separate discussions to the notions of finality, perfection, and self-sufficiency as attributes of the supreme good. He also considers the way in which friendship and good fortune relate to happiness. A theme which recurs (...) throughout the book is the divergent ways in which the EE and the NE conceive the relationship between moral excellence, contemplation and happiness. In some cases Kenny suggests that the EE offers a subtler treatment than the NE; in other cases he argues that the EE presents a more coherent, more plausible, position. Are we in a position, then, to conclude with confidence that the EE is the later, more authoritative, treatise? Kenny does not draw such a conclusion. One comes away with the impression that although he leans towards this conclusion, he also believes that still more work, especially on the EE, is needed. (shrink)

Although eye tracking has been used extensively to assess cognitions for static stimuli, recent research suggests that the link between gaze and cognition may be more tenuous for dynamic stimuli such as videos. Part of the difficulty in convincingly linking gaze with cognition is that in dynamic stimuli, gaze position is strongly influenced by exogenous cues such as object motion. However, tests of the gaze‐cognition link in dynamic stimuli have been done on only a limited range of stimuli often characterized (...) by highly organized motion. Also, analyses of cognitive contrasts between participants have been mostly been limited to categorical contrasts among small numbers of participants that may have limited the power to observe more subtle influences. We, therefore, tested for cognitive influences on gaze for screen‐captured instructional videos, the contents of which participants were tested on. Between‐participant scanpath similarity predicted between‐participant similarity in responses on test questions, but with imperfect consistency across videos. We also observed that basic gaze parameters and measures of attention to centers of interest only inconsistently predicted learning, and that correlations between gaze and centers of interest defined by other‐participant gaze and cursor movement did not predict learning. It, therefore, appears that the search for eye movement indices of cognition during dynamic naturalistic stimuli may be fruitful, but we also agree that the tyranny of dynamic stimuli is real, and that links between eye movements and cognition are highly dependent on task and stimulus properties. (shrink)

Moral distress names a widely discussed and concerning clinician experience. Yet the precise nature of the distress and the appropriate practical response to it remain unclear. Clinicians speak of their moral distress in terms of guilt, regret, anger, or other distressing emotions, and they often invoke them interchangeably. But these emotions are distinct, and they are not all equally fitting in the same circumstances. This indicates a problematic ambiguity in the moral distress concept that obscures its distinctiveness, its relevant circumstances, (...) and how individual clinicians and the medical community should practically respond to it. We argue that, in a range of situations that are said to be morally distressing, the characteristic emotion can be well‐understood in terms of what Bernard Williams calls “agent‐regret.” We show what can thereby be gained in terms of a less ambiguous concept and a more adequate ethical response to this distinctive and complex clinician experience. (shrink)

Defining moral competence using a virtue approach, this longitudinal study examined the prospective relationships between moral competence and externalizing behavior indexed by delinquency and intention to engage in problem behavior in a large and representative sample of Hong Kong Chinese adolescents. Starting from the 2009–2010 academic year, Grade 7 students in 28 randomly selected secondary schools in Hong Kong were invited to join a longitudinal study, which surveyed participating students annually during the high school years. The current study used data (...) collected in the first three years (Wave 1 to Wave 3) across junior secondary school stage (Grade 7 to Grade 9) with a sample of 3,328 students (Age = 12.59 ±.74 years and 52.1% boys at Wave 1). Cross-lagged panel path analyses were conducted to compare four models involving different hypothesized patterns of relationships between moral competence and externalizing behavior. Results revealed that the reciprocal effects model best fit the data, supporting reciprocal causal relationships between moral competence and externalizing behavior measures. Specifically, a higher level of moral competence significantly predicted a lower level of delinquency and problem behavioral intention over time. At the same time, a higher level of externalizing behavior also significantly predicted a lower level of moral competence one year later. As the magnitudes of the significant findings were not high, replications in different Chinese communities are needed. Nevertheless, the present findings provide important theoretical insights on how moral competence and externalizing behavior in adolescents are associated with each other. Practically speaking, the findings suggest that it is promising to reduce adolescent externalizing behavior by promoting their virtues through moral education programs, and guiding adolescents to behave in a good manner would help promote the development of their virtues. (shrink)

ARISTOTLE thought his predecessors in general, and Plato in particular, made a serious mistake in failing to mark the boundaries separating the different sciences and branches of philosophical inquiry. All of them failed to grasp the fundamental distinction between practical and theoretical knowledge. Ethics and politics, the prime examples of practical knowledge, differ from such theoretical sciences as metaphysics and physics not only in their aims but in their methods and subject matter as well. Indeed, Aristotle thinks the differences are (...) such that we cannot regard practical and theoretical knowledge as two species of a single genus, for there is no common definition of knowledge which applies to both. (shrink)

We explore a general method based on trees of elementary submodels in order to present highly simplified proofs to numerous results in infinite combinatorics. While countable elementary submodels have been employed in such settings already, we significantly broaden this framework by developing the corresponding technique for countably closed models of size continuum. The applications range from various theorems on paradoxical decompositions of the plane, to coloring sparse set systems, results on graph chromatic number and constructions from point-set topology. Our main (...) purpose is to demonstrate the ease and wide applicability of this method in a form accessible to anyone with a basic background in set theory and logic. (shrink)