While there are many different motivations for raising questions about the Sexual Assault Awareness Movement, at least one motivation comes from feminist controversies about what counts as consensual sex. Historically, this controversy arose between those known as "anti-pornography feminists", and "sex positive feminists" whose proponents had very different understandings of what counts as sexual autonomy for women. It is important to understand that questioning the current definitions of what counts as an instance of sexual assault does not entail an anti-feminist (...) agenda. There is not a unified feminist front on this topic. To assume otherwise is to risk silencing victims of sexual assault even further by imposing a particular conception of sexual assault upon them that they might themselves reject. If we are to properly address sexual assault as feminists we must listen to victims of sexual assault and develop a theory of consent in tandem with victims' own understanding of that concept. NB: This was a public speech and so use-mention conflations are contained within. I invite you to read it as a speech. (shrink)

According to the traditional Western concept of freedom, the ability to exercise free will depends on the availability of options and the possibility to consciously decide which one to choose. Since neuroscientific research increasingly shows the limits of what we in fact consciously control, it seems that our belief in free will and hence in personal autonomy is in trouble. -/- A closer look at the phenomenology of Obsessive-Compulsive Disorder (OCD) gives us reason to doubt the traditional concept of freedom (...) in terms of conscious control. Patients suffering from OCD experience themselves as unfree. The question is whether their lack of freedom is due to a lack of will power. Do they have too little conscious control over their thoughts and actions? Or could it be the opposite: are they exerting too much conscious control over their thoughts and actions? -/- In this chapter, we will argue that OCD patients testify to the general condition that exercising an increased conscious control over actions can in fact diminish the sense of agency rather than increase the experience of freedom. The experiences of these patients show that the traditional conception of freedom in terms of ‘free will’ has major shortcomings. There is an alternative, however, to be found in the work of Hannah Arendt. She advocates a conception of freedom as freedom in action. Combined with phenomenological insights on action, Arendt’s account of freedom helps us to get a more adequate understanding of the role of deliberation in the experience of freedom. We argue that the experience of freedom depends on the right balance between deliberate control and unreflective actions. (shrink)

One of the most fascinating issues in the emerging field of neuroethics is pharmaceutical cognitive enhancement (CE). The three main ethical concerns around CE were identified in a Nature commentary in 2008 as safety, coercion and fairness; debate has largely focused on the potential to help those who are cognitively disabled, and on the issue of “cosmetic neurology”, where people enhance not because of a medical need, but because they want to (as many as 25% of American students already use (...) nootropic cognitive enhancers such as ritalin). However, the potential for CE to improve public health has been neglected. This paper examines the prospect of improving health outcomes through cognitive enhancement among sections of the population where health inequalities are particularly pronounced. I term this enhancement of the public's health through CE “neuroenhancing health”. It holds great promise, but raises several ethical issues. This paper provides an outline of these issues and related philosophical problems. These include the potential effectiveness of CE in reducing health inequalities; issues concerning autonomy and free will; whether moral enhancement might be more effective than cognitive enhancement in reducing health inequalities; and the problem of how to provide such CE, including the issue of whether to provide targeted and universal coverage. (shrink)

Ethical issues arise in the world’s first population-level treatment of severe lead poisoning caused by small-scale mining for gold in rural Nigeria. Emergency medical intervention and environmental cleanup have reduced the mortality in children younger than 5 years from lead poisoning from over 40 to 2.5 per cent leaving little evidence of the harms caused by lead poisoning. In the absence of obvious sequelae, family adherence to long-term intensive therapy to remove accumulated lead reservoirs in children wanes and some community (...) miners challenge safer mining interventions to prevent recontamination of the environment with lead. This letter raises questions regarding community versus individual rights in public health interventions and patient autonomy. (shrink)

This article explores the values that should be promoted in civic education for democracy and also how the promotion of values can be non-coercive. It will be argued that civic education should promote the values of reasonableness, mutual respect and fairness, but also that only public, political reasons count in attempting to justify the content of civic education. It will also be argued that the content of civic education may legitimately be broader than this, including but not restricted to the (...) values of autonomy, integrity, magnanimity, truthfulness and generosity. At the same time, if civic education is seen merely as a means to shape and form future citizens, then the promotion of values in civic education will be a coercive imposition on children and young people. If the promotion of values instead is to be non-coercive it must be defended with reasons that children and young people should be able to accept. (shrink)

It is well known that prisoners’ human rights are often violated. In this chapter we examine whether guidelines can be effective in preventing such violations and in helping physicians resolve the significant conflicts of interest that they often face in trying to protect prisoners’ rights. We begin by explaining the role of clinical and ethical guidelines outside prisons, in the context of healthcare for non-incarcerated prisoners, and then the specific role of such guidelines within prisons, where the main concerns are (...) ensuring respect for the principle of equivalence of care, and for a prisoner patient’s autonomy in health care decisions. After reviewing and analysing various national and international guidelines, we review the literature and assess whether the good practices set out in these guidelines actually translate into changes in professional behaviour and consequent benefits for prisoners. It emerges that physicians both outside and within prisons tend to be insufficiently familiar with the relevant guidelines, and that they too infrequently use the guidance to make decisions, preferring instead to use personal codes of conduct. Guidelines designed specifically for the prison context are important to ensure equivalence of care and should be better known by health care personnel and other professional groups working in prison. Further guidelines should be developed that describe challenging situations and provide concrete guidance as to how to deal with them. (shrink)

Legitimate parental interests need to be distinguished from any putative rights parents qua parents may be said to possess. Parents have no right to insulate their children from conceptions of the good at variance with those of their own. Claims to the right to faith schools, private schools, home-schooling or to withdraw a child from any aspect of the curriculum designed to enhance a child’s capacity for autonomous decision-making, are refuted.

I investigate whether tobacco health warnings’ interference with autonomy is ethically justifiable in order to deter people from smoking. I dissociate first the informational role and the persuasive role of tobacco health warnings and show that both roles enable typical addicted smokers to better rule themselves, fostering their autonomy. The fact that some messages address people’s non-deliberative faculties is therefore compensated by a larger positive influence on their autonomy. However, misleading messages are not ethically justified and should be avoided. Tobacco (...) health warnings’ effect on autonomy highlights an important difference between libertarian paternalism and classical paternalism. (shrink)

In the 1980s, there was a significant upsurge in diagnoses of Dissociative Identity Disorder. Ian Hacking suggests that the roots of this tendency lie in the excessive willingness of psychologists past and present to engage in the “psychologization of trauma.” I argue that Hacking makes some philosophically problematic assumptions about the putative threat to human autonomy that is posed by the increasing availability, attractiveness, and plausibility of various forms of simulated experience. I also suggest how a different set of axiological (...) and historical assumptions might have led to a less dismissive and possibly more plausible account of this diagnostic trend. (shrink)

This paper aims at explicating the role of the connections and interactions between health, well being and beauty. The primary goal of all medical approaches, including the classic biomedical and humanistic or humane approaches, is to restore or create health, whereby medical approaches that include prevention go beyond the mere restoration of health to include the preservation of health. Equating well-being and thus health with a largely self-determined and joyful life, then not only does a healthy life become a beautiful (...) life, a beautiful life also becomes a healthy life! By bringing Beauty into the health discourse, we are entering the field of aesthetics in general and social aesthetics in particular. As the beautiful is not just a decorative element of life but a genuine source of human strength, it gives us the strength and power we need to implement and achieve all that we then experience as “well-being” and that is called a healthy life. Therefore a further development of a human-based medicine is needed, a medicine that focuses not on a disease construct but which places a human being as a whole, with all his potential and limitations at the heart of diagnostic and therapeutic efforts. The noblest therapeutic goal of this kind of medicine can only be the restoration or preservation of a comprehensive state of health in the sense of complete physical, mental and social well-being, in the sense of opening up the possibility for a mostly autonomous and joyful life. (shrink)

The concept of the ‘well-being of the child’ (like the ‘child’s welfare’ and ‘best interests of the child’) has remained underdetermined in legal and ethical texts on the needs and rights of children. As a hypothetical construct that draws attention to the child’s long-term welfare, the well-being of the child is a broader concept than autonomy and happiness. This paper clarifies some conceptual issues of the well-being of the child from a philosophical point of view. The main question is how (...) well-being could in practice acquire a concrete meaning and content for a particular issue or situation. A phenomenological-hermeneutic research perspective will be outlined that allows the child’s well-being to be elucidated and specified as an anthropological and ethical idea. It is based on a contextual understanding of generative relationships, a combination of the theory and practice of making sense, here described as ‘generative insight’, which could provide ethical guidance for decision making in families, legal practice, medicine or biomedical research. (shrink)

The recent confirmation of the constitutionality of the Obama administration’s Patient Protection and Affordable Care Act (PPACA) by the US Supreme Court has brought to the fore long-standing debates over individual liberty and religious freedom. Advocates of personal liberty are often critical, particularly in the USA, of public health measures which they deem to be overly restrictive of personal choice. In addition to the alleged restrictions of individual freedom of choice when it comes to the question of whether or not (...) to purchase health insurance, opponents to the PPACA also argue that certain requirements of the Act violate the right to freedom of conscience by mandating support for services deemed immoral by religious groups. These issues continue the long running debate surrounding the demands of religious groups for special consideration in the realm of health care provision. In this paper I examine the requirements of the PPACA, and the impacts that religious, and other ideological, exemptions can have on public health, and argue that the exemptions provided for by the PPACA do not in fact impose unreasonable restrictions on religious freedom, but rather concede too much and in so doing endanger public health and some important individual liberties. (shrink)

Even when a person appears to have consented to another’s interference with her interests, we sometimes treat this apparent consent as ineffective. This may either be because the law does not permit consent to validate the actions concerned, or because the consent is undermined by the presence of additional factors which render it insufficiently autonomous to be effective. In this paper I propose that the project of categorising and systematically analysing the latter set of cases, would be furthered by recognising (...) (1) that prima facie consent is undermined when the prima facie consenter’s autonomy to choose whether or not to consent has been unfairly constrained, and (2) that theoretical and doctrinal clarity can be promoted by analysing the factors that unfairly constrain autonomy in the criminal law using a framework developed in contract law to determine analogous questions arising in relation to assent to a contract. (shrink)

This article argues that Buddhists can consistently support autonomy as an educational ideal. The article defines autonomy as a matter of thinking and acting according to principles that one has oneself endorsed, showing the relationship between this ideal and the possession of an enduring self. Three central Buddhist doctrines of conditioned arising, impermanence and anatman are examined, showing a prima facie conflict between autonomy and Buddhist philosophy. Drawing on the ‘two truths’ theory of Nagarjuna, it is then shown that the (...) prima facie conflict can be defused by noting that the self has reality at one level, but is a fiction at another level. This approach allows us a new way of seeing autonomy as an extrinsic value—as a step in the journey towards nirvana, but of no value once one has achieved nirvana. (shrink)

A live organ donor needs to be informed carefully about the risks and benefits of her donation for both herself and her recipient, but a key ethical question is how much the donor is allowed to know about the recipient. To decide this question, we must first decide whether, out of respect for autonomy, the donor should decide how much she wants to know, or whether the transplant team, as the professionals, should decide what information is relevant to the donor's (...) decision. I argue that the transplant team should control the process. While the donor has the right to know enough about her recipient to assess the risk to herself and the prospects for a successful donation, she is not entitled to any further information, no matter how much she wants it. In particular, I argue that donors are not entitled to information that has not been shown to affect outcomes, but that they should be told if a recipient is HIV or that he has rejected a previous organ due to non-compliance. Donors have a right to make decisions with all the information they need, but recipients need not make their lives completely transparent. (shrink)

In this article I oppose the current account of autonomy and informed consent in bioethics through criticising the four underlying prejudices of an objectivistic, dualistic, rationalistic and individualistic misunderstanding of the will. With special regard to the case of patients with dementia I argue for the thesis that the principle of autonomy, as moral principles in general, has unconditional and universal validity, but has to be applied differently in the face of specific situations and circumstances by means of the power (...) of judgment (Urteilskraft). As the philosophical resp. anthropological basis of my argument I develop a broad understanding of the will in an Aristotelian and phenomenological sense. The practical consequences of my thesis consist in the ethical requirement of equal respect for the will of mentally ill patients. http://dx.doi.org/10.12697/spe.2013.6.2.03. (shrink)

South Africa currently has a pluralistic health care system with separate public and private sectors. It is, however, moving towards a socialised model with the introduction of National Health Insurance. The South African legislative environment has changed recently with the promulgation of the Consumer Protection Act and proposed amendments to the National Health Act. Patients can now be viewed as consumers from a legal perspective. This has various implications for health care systems, health care providers and the doctor-patient relationship.

The advent of new genetic and genomic technologies may cause friction with the principle of respect for autonomy and demands a rethinking of traditional interpretations of the concept of informed consent. Technologies such as whole-genome sequencing and micro-array based analysis enable genome-wide testing for many heterogeneous abnormalities and predispositions simultaneously. This may challenge the feasibility of providing adequate pre-test information and achieving autonomous decision-making. At a symposium held at the 11th World Congress of Bioethics in June 2012 (Rotterdam), organized by (...) the International Association of Bioethics, these challenges were presented for three different areas in which these so-called ‘new genetics’ technologies are increasingly being applied: newborn screening, prenatal screening strategies and commercial personal genome testing. In this article, we build upon the existing ethical framework for a responsible set-up of testing and screening offers and reinterpret some of its criteria in the light of the new genetics. As we will argue, the scope of a responsible testing or screening offer should align with the purpose(s) of testing and with the principle of respect for autonomy for all stakeholders involved, including (future) children. Informed consent is a prerequisite but requires a new approach. We present preliminary and general directions for an individualized or differentiated set-up of the testing offer and for the informed consent process. With this article we wish to contribute to the formation of new ideas on how to tackle the issues of autonomy and informed consent for (public) healthcare and direct-to-consumer applications of the new genetics. (shrink)

In his article "Markets and the Needy: Organ Sales or Aid?" T. L. Zutlevics briefly touches upon the conceptual link between the practice of living1 suppliers2 selling their kidneys and prostitutes selling sexual services. In an attempt to defuse Gerald Dworkin's (Dworkin 1993) appeals to autonomy that undergird his justification of establishing a controlled market in transplantable organs from living suppliers, Zutlevics writes:Whilst initially appealing, this argument is problematic in that it justifies a great deal more than allowing the poor (...) to sell their organs. The situations of the poor can be so desperate that even actions which cause extreme harm would constitute an improvement in their situation. . . . .. (shrink)

Roman Catholics have a long tradition of evaluating medical treatment at the end of life to determine if proposed interventions are proportionate and morally obligatory or disproportionate and morally optional. There has been significant debate within the Catholic community about whether artificially delivered nutrition and hydration can be appreciated as a medical intervention that may be optional in some situations, or if it should be treated as essentially obligatory in all circumstances. Recent statements from the teaching authority of the church (...) have attempted to clarify this issue, especially for those with a condition known as the persistent vegetative state. I argue that these recent teachings constitute a “general norm” whereby artificial nutrition and hydration are considered obligatory for most patients, but that these documents allow for exception in cases of complication from the means used to deliver nutrition and hydration, progressive illness, or clear refusal of such treatment by patients. While the recent clarifications do not constitute a major deviation from traditional understanding and will rarely conflict with advance directives or legal statutes, there may be rare instances in which remaining faithful to church teaching may conflict with legally enshrined patient prerogatives. Using the Texas Advance Directives Act as an example, I propose ways in which ethics committees can remain faithful to their Roman Catholic identity while respecting patient autonomy and state law pertaining to end of life health care. (shrink)

(2013). Electronic Fences Make Good Neighbors: The Importance of Medical Records Managers to Protecting Autonomy. The American Journal of Bioethics: Vol. 13, No. 4, pp. 50-52. doi: 10.1080/15265161.2013.767965.

Climate change harms health and damages and diminishes environmental resources. Gradually it will cause health systems to reduce services, standards of care, and opportunities to express patient autonomy. Prominent public health organizations are responding with preparedness, mitigation, and educational programs. The design and effectiveness of these programs, and of similar programs in other sectors, would be enhanced by greater understanding of the values and tradeoffs associated with activities and public policies that drive climate change. Bioethics could generate such understanding by (...) exposing the harms and benefits in different cultural, socioeconomic, and geographic contexts, and through interdisciplinary risk assessments. Climate change is a bioethics problem because it harms everyone and involves health, values, and responsibilities. This article initiates dialog about the responsibility of bioethics to promote transparency and understanding of the social values and conflicts associated with climate change, and the actions and public policies that allow climate change to worsen. (shrink)

What can we learn from pre-industrial societies and organizations to achieve a sustainable development? As the pressure on organizations for a more sustainable world is increasing, some suggest that pre-industrial societies have lessons to teach. Organizations studies have borrowed very little from anthropology studies and have therefore not benefited from the cultural analysis they provide. This paper digs into this untapped reservoir of knowledge, and suggests a twofold discussion. The first part presents counterintuitive results that dismiss common assumptions: indigenous organizations (...) are not more conservationist than modern organizations, their dependence upon nature has translated into cultural practices which were hastily interpreted as forms of respect, their interest for the natural environment being rather guided by survival and cultural autonomy. Whereas tribal groups are dependent upon natural resources and cycles, modern societies and organizations have used technology to exploit the natural world. Yet, modern societies and organizations can benefit from knowledge withheld by indigenous cultural groups. I conclude on the idea that a sustainable model is yet to be found, and that a new paradigm of individual and group behavior has to emerge to confront environmental degradation and scarcity of natural resources. (shrink)

Since the late 1990s, the dynamics of welfare reform in Taiwan have gradually shifted to tackling new social risks emerging from economic globalization and labor market changes. This article analyzes these structural changes and the relevant institutional features of the labor market. The rise of atypical work has generated wide concern regarding its low wage income and insufficient social protection, triggering debates about which policy measures can effectively tackle the problem of the working poor. Drawing on the quantitative data from (...) a social quality survey conducted by the Social Policy Research Center in National Taiwan University (NTUSPRC) in 2009, our analysis explores the social exclusion differences between regular and atypical workers for their objective and subjective experiences. The objective experiences include current financial situations, negative events, living conditions and political activities of the workers, whereas the subjective experiences refer to their feelings in family position, welfare assessment, discrimination, and autonomy. Our analysis helps explain the effects of work status on the degrees of social exclusion, both in the private and public spheres. The social exclusion experiences of working conditions shed light on social quality in Asia. (shrink)

Prominent thinkers such as Jurgen Habermas and Michael Sandel are warning that biomedical enhancements will undermine fundamental political values. Yet whether biomedical enhancements will undermine such values depends on how biomedical enhancements will function, how they will be administered and to whom. Since only few enhancements are obtainable, it is difficult to tell whether these predictions are sound. Nevertheless, such warnings are extremely valuable. As a society we must, at the very least, be aware of developments that could have harmful (...) consequences. Indeed, if important values were to be jeopardized, we should take appropriate measures to protect them. This paper focuses on four central values: solidarity, personal responsibility, equality and autonomy. It delineates the conditions under which biomedical enhancements would undermine these values. It also details the circumstances under which these values would be unaffected by enhancements as well as those under which they would be promoted. Specifying these conditions is valuable; it would enable society to prepare appropriate ethical guidelines and policy responses in advance. (shrink)

In this paper I shall deal with the question of whether a State-granted minimal income (which is not the same as a basic income) is a necessary condition in order for individuals (1) to attain a basic level of autonomy; and (2) to develop capabilities that allow them to improve the quality of their life. As a theoretical basis for my analysis I shall use Honneth’s theory of recognition, Sen’s capability approach (also in the version offered by Nussbaum), and Simmel’s (...) concept of independency as developed in his Philosophy of Money. A minimal income aims at guaranteeing not only the survival of the extremely poor (this could also be achieved by emergency programs), but also – in cooperation with other State programs such as education, medical and legal assistance etc – at enabling these individuals to be more independent from their social environment, where dependence often constitutes a strong obstacle to the development of their autonomy. The social and political inclusion of millions of people, both in threshold countries and in poor countries, depends upon the existence of such programs. (shrink)

Pietsch, Chelsea In a claim of negligence, plaintiffs must be able to prove that they have suffered some sort of damage or loss. Proving damage is usually a straightforward task which involves making a comparison between the plaintiff's position before and after the alleged negligence. However, what damage has been done if a doctor's negligence results in the conception and subsequent birth of a child? Is it ever possible to conceive of life as damage? These questions must ultimately be addressed (...) in wrongful birth claims where parents seek compensation for the conception and/or birth of a life that would not have existed but for the doctor's negligent advice or treatment. However, they are not as easy for judges to answer as you may think. Judges have a duty to resolve such matters - not with reference to vague notions of 'common sense' or 'community interests' - but in accordance with established law. However, what if there is no statute or precedent that speaks on the matter? How should judges resolve such 'novel' issues? Can judges rely on 'common sense' or arguments about 'community interests' in these limited circumstances? The question of whether or not a child may be categorised as damage for the purpose of satisfying a claim in negligence is such an issue. In this essay I acknowledge that, in the absence of guiding legal rules and principles, judges have no choice but to resolve novel questions on grounds of policy considerations. I suggest, however, that a distinction should be made between legal and public policy and that reliance on the former, not the latter, may be used to assert that children are blessings, not injuries. While it may be morally desirable for the issue to end there, this is not the case. Legal policy has also developed the notion of reproductive autonomy in such a way that suggests the opposite may also be true. In an attempt to resolve these conflicting values, I propose the damage in wrongful birth cases is not the conception and/or birth of a child but rather a doctor's infringement on their patient's reproductive autonomy, which warrants legal recognition in the form of compensation. (shrink)

This paper analyses the arguments for two competing ethical models of business. On the one hand there are theorists like Milton Friedman who claim that the sole social responsibility of business leaders is to maximise stockholder profits. On the other, there are those who argue that a business has ethical responsibilities to many stakeholders: employees, stockholders, retailers, customers, and so on.I argue that a business has ethical responsibility over those functions and purposes over which it has the most autonomous control. (...) The production and selling of products and services for customers is the primary purpose of a business. The generation of profit is a contingent purpose dependent on the exchange between the business and the customer. I define excellent functioning businesses as those that synergise the purposes of stakeholders to provide products and services with ethical outcomes. When ethical considerations and business interests between stakeholders conflict, the responsibility of a business to its customers has primacy over those related to business input stakeholders such as employees, stockholders and suppliers. (shrink)

Khalafzai, Rida Usman In this era, health has been redefined. The emphasis has shifted from the individual-focussed bio-medical model to a preventative model of collective health. This model of public health often challenges the concept of individual autonomy, the basis of human rights, in the name of the greater good. This article explores the relationship between public health and human rights, and the need for a public health ethic based on the principles of human rights.

This article brings to light some of the characteristics of the pervasive parental overpermissiveness and hyper-protectionism that unfortunately have made their way into our culture. With the aid of philosophers of education, such as Locke, Rousseau, and Dewey, I expose the corrosive effects that parental overindulgence has on the potential happiness of those in their charge, as well as on those who share their social space. As these philosophers warned long ago, by overindulging their desires, parents either overextend their children’s (...) expectations well beyond the reality of their capabilities or they squash their initiative by usurping their independence. In either case, parents cripple their children’s autonomy and thereby detract from the real work needed to develop habits and dispositions necessary to plan and carry out achievable accomplishments that are integral for sustained and enduring happiness. Put more simply, overindulgence, to the extent this impedes the development of requisite skills for achieving happiness and developing a sense of social responsibility, becomes a disguised form of child abuse. (shrink)

Electronic surveillance of employees in the workplace presents both opportunities and risks to contemporary managers. Some of the moral risks associated with electronic workplace surveillance are well-known and discussed in the literature. A lesser-known risk, which is explored and addressed in this article, is the threat that electronic surveillance poses, when used inappropriately, to employees’ personal autonomy. This article elaborates the concept of personal autonomy, illustrates how electronic workplace surveillance might be used to violate personal autonomy, and suggests some management (...) strategies that could be used to avoid such violations. (shrink)

Decision-making adhering to the “principle of autonomy" takes place within the wider context of decision-making processes in modern society. Within the medical area, as regards the decision through informed consent, the patient's intention assumes vital importance. The principle of autonomy is derived from the modern thought that the essence of human being is the reason. It becomes difficult, however, to rely on decision-making based on the principle of autonomy when a person’s intention is not clear and the opinions of those (...) who are involved differ from each other. Here, I think that the principle of consensus, which seeks the agreement of those who are concerned, becomes as important as the principle of autonomy. This paper examines the problems of certainty, reliability, andcreativity of medical action through the consideration of the principle of consensus. (shrink)

One of the important problems of the emerging ICT-driven global society is the issue of maintaining the national identity, important in many parts of the world. It is done, among others, through cultivation of the national language. However, the ‘language of ICT’ is dominated by English, which causes tensions between thedesire (and the necessity) to use ICT and join the globalization process, and the desire to preserve the national identity and national language. There is also a fear that ICT will (...) force all people to think in English, and thus further jeopardize their sense of national identity. The use of ICT conditions people to ‘think English’ in communication with others in situations where they would normally use their native natural language. Moreover, it poses a potential danger of ‘culturalhomogenization,’ which in this case means the ‘Americanization’ of the ICT-driven global society. These problems indicate that there is an urgent need to find a way for people to benefit from digital technology, while maintaining their personal autonomy and the sense of national identity; accepting the new to the degree they feel comfortable with, while maintaining the ‘old ways’ as long as they want it. Such a solution could be the ‘dialectical synthesis’ of the various existing trends, and it would be a viable option for easing the current tensions. (shrink)

Ford, Norman Details of a speech given during a conference called 'Health Care Towards the End of Life, Ethics and Spirituality', organised by the Caroline Chisholm Centre for Health Ethics and held at St Vincent's Hospital on May 23, 2006 are presented. The topic of the conference was the impact of spirituality on making healthcare decisions. Special consideration to the relationship of patients' conscience and autonomy to their spirituality, religious beliefs or lack thereof was recommended considering some beliefs of many (...) Christians, which could consciously or subconsciously influence their healthcare decisions. (shrink)

A previous paper in this Journal, ‘Must Managers Leave Ethics at Home? Economics and Moral Anomie in Organisational Decisions’ explored the scope for moral decision making in organisations and developed the concept of moral anomie, the absence of moral awareness and judgement in organisational decisions. We suggested that the industrial economy developed within a framework of neoclassical economics and scientific enquiry to the exclusion of ethics. This paper reports on a subsequent exploratory research project in three disparate Australian organisations. It (...) sought to establish whether individuals acting in and for organisations find themselves able to exercise moral autonomy in making organisational decisions or are likely to make morally heteronomous or anomous decisions. (shrink)

How can free and equal people cooperate to solve conflicts and common problems in a rational and legitimate way? In this article I deduce principles for doing so from the requirements of rational communication set out in the discourse theory of Jürgen Habermas. I apply them in defining a process of efficient decisionmaking. What I call ‘communicative design’ denotes the design of a reason giving process in which the practice of proposing and assessing claims with regard to rulemaking and problem (...) solving is undertaken on an equal and autonomous basis. Two sets of prescriptions are given: organisational principles for the composition of groups and argumentative principles for deliberation. However, any procedure aimed at achieving a rational consensus in decision making in organisations has to deal in practice with limitations of time, participation and the information available. Communicative design may not guarantee strictly rational decisions, then, but the procedure it constructs does promise relatively ‘more valid’ decisions than might be expected if another procedure had been adopted. (shrink)

Why is it that some business managers appear to behave differently in private and at work? How, if at all, are the decisions managers make affected by the nature of their organisations? What impact do organisational values have on the moral autonomy of managers? A research project into these questions is now under way in three disparate Australian business firms and this paper sets out the premise underlying it. For purposes of research the general premise is that the moral character (...) of a business influences the moral judgements and actions of its members. More specifically, it is suggested that the economic paradigm renders a business organisation amoral rather than moral or immoral, and as a result moral responsibility comes to be assigned to individual members. However, the socio-cultural nature of such firms interferes with the ability of managers to exercise moral autonomy. Governed as it is by the market or laws of economics, the amoral organisation is likely to transform its members into individuals without moral standards. (shrink)

The paper examines V. Nabokov's "strange" novel ''Bend Sinister". The fictional space of the novel is regarded as a process of interaction of different languages or different versions of reality. The philosopher Krug's story unrolls in the imaginary totalitarian state whose ideology combines the elements of fascism, communism and the language of mass psychology. At this level the text is identical with a "social message". The protagonist has to choose between a "private autonomy" and a "bad solidarity". The paper offers (...) the new facts and documents referring to the key symbols of the novel. The language of ''reality'' is deconstructed in the protagonist's idiosyncratical language, the language of his thoughts, recollections and dreams. Scientific metaphors are crucial in thedeconstruction and help to reveal metafictional nature of the text. The analogies with painting, relativist physics, logical paradoxes (Russell's and Gadel's theories) pemits to investigate the status of the fictional space, its development in time and the fiction of the Author. (shrink)

Public participation is increasingly an aspect of policy development in many areas, and the governance of biomedical research is no exception. There are good reasons for this: biomedical research relies on public funding; it relies on biological samples and information from large numbers of patients and healthy individuals; and the outcomes of biomedical research are dramatically and irrevocably changing our society. There is thus arguably a democratic imperative for including public values in strategic decisions about the governance of biomedical research. (...) However, it is not immediately clear how this might best be achieved. While different approaches have been proposed and trialled, we focus here on the use of public deliberation as a mechanism to develop input for policy on biomedical research. We begin by explaining the rationale for conducting public deliberation in biomedical research. We focus, in particular, on the ELS (ethical, legal, social) aspects of human tissue biobanking. The last few years have seen the development of methods for conducting public deliberation on these issues in several jurisdictions, for the purpose of incorporating lay public voices in biobanking policy. We explain the theoretical foundation underlying the notion of deliberation, and outline the main lessons and capacities that have been developed in the area of conducting public deliberation on biobanks. We next provide an analysis of the theoretical and practical challenges that we feel still need to be addressed for the use of public deliberation to guide ethical norms and governance of biomedical research. We examine the issues of: (i) linking the outcomes of deliberation to tangible action; (ii) the mandate under which a deliberation is conducted; (iii) the relative weight that should be accorded to a public deliberative forum vs other relevant voices; (iv) evaluating the quality of deliberation; and (5) the problem of scalability of minipublics. (shrink)

Consumer demand for health information and health services has rapidly evolved to capture and even propel the movement to online health information seeking. Seventeen percent (52 million) of health information internet users will look for information about memory loss, dementia and Alzheimer’s disease (AD) (Fox Pew Internet & American life project: Online health search. Report. Pew Research Center. http://pewinternet.org/Reports/2006/Online-Health-Search-2006.aspx 2006, Pew Research Center. http://pewinternet.org/Reports/2011/HealthTopics.aspx 2011). We examined the content of the 25 most frequently retrieved websites marketing AD dietary supplements. We (...) found that the majority of websites and their products claimed AD-related benefits, including improvement and enhancement of function, treatment for AD, prevention of AD, maintenance of function, delayed progression of AD, and decreased symptoms. Supplements were described as effective, natural, powerful or strong, dependable and pure or of high quality. Peer reviewed references to proper scientific studies were infrequent on websites. Statements highlighting the risks of dietary supplements were as common as statements mitigating or minimizing these risks. Different strategies were used to promote supplements such as popular appeals and testimonials. Further enforcement of relevant policy is needed and preparation of clinicians to deal with requests of patients and caregivers is indicated. (shrink)

Stress presents an interesting case for the application of medicalization theory. From the 1950s to the 1980s, stress became an established, if not fully deciphered, component of the matrix within which illness developed, as understood by physicians and patients, scientists, and laypeople alike. While the various iterations of the medicalization thesis are useful for analyzing the information flows between the multiplicity of actors engaged in the production and interpretation of the stress concept, they cannot account for all aspects of the (...) evolution of the incorporation of stress into both the medical lexicon and the popular vernacular. To account for the significance of physical explanations for the physiological and pathological effects of stress on the body, this essay expands the model of medicalization to include biologization. This modified model is further deployed as an analytical framework to develop the central argument of this essay: that the medicalization of stress allowed for an expansion of therapeutic options available to practitioners and recipients of mainstream medicine by opening up space for the legitimation of alternative healing practices. Biologization looks to the system of ideas on which medical approaches are based to explain how the reductionist project to find molecular mechanisms of disease causality brought stress and other social and psychological phenomena into the domain of medicine. This expanded model of medicalization can usefully characterize late twentieth and early twenty-first century attitudes toward a wide variety of human disorders whose causes have been found to be molecular in origin. By folding biology into the medicalization thesis, social scientists can train a fresh analytical lens on the role of medicine in recent and contemporary American life. (shrink)

How international research might contribute to justice in global health has not been substantively addressed by bioethics. This article describes how the provision of ancillary care can link international clinical research to the reduction of global health disparities. It identifies the ancillary care obligations supported by a theory of global justice, showing that Jennifer Ruger’s health capability paradigm requires the delivery of ancillary care to trial participants for a limited subset of conditions that cause severe morbidity and mortality. Empirical research (...) on the Shoklo Malaria Research Unit’s (SMRU) vivax malaria treatment trial was then undertaken to demonstrate whether and how these obligations might be upheld in a resource-poor setting. Our findings show that fulfilment of the ancillary care obligations is feasible where there is commitment from chief investigators and funders and is strongly facilitated by SMRU’s dual role as a research unit and medical non-governmental organization. (shrink)

Anja Karnein has suggested that because of the importance of respect for persons, law and policy should require some human embryos created in vitro to be available for adoption for a period of time. If no one comes forward to adopt the embryos during that time, they may be destroyed (in the case of embryos left over from fertility medicine) or used in research (in the case of embryos created for that purpose or left over from fertility medicine). This adoption (...) option would increase the number of embryos available for couples looking for help in having children, but that effect is less important—Karnein argues—than the observance of respect for human persons. As possible persons, she holds that embryos ought to be treated, as if they will become children, if only for a while. If enacted as a matter of law and policy, an ‘adoption option’ would wrongly interfere with the dispositional rights women and men ought to have over embryos they create in the course of trying to have children. Karnein's proposal would also deprive researchers of certainty that the embryos they create for research would actually be available that way, leading to increased burdens of time and money and maybe even to more embryos than would otherwise be produced. Karnein's analysis does not show, moreover, that any duty of rescue applies to embryos. No woman is required to adopt any embryo, which significantly undercuts the justification for an obligatory adoption period. (shrink)

In his influential theory of health Nordenfelt bases the concepts of health and illness on the notions of ability and disability. A premise for this is that ability and disability provide a more promising, adequate, and useful basis than well-being and suffering. Nordenfelt uses coma and manic episodes as paradigm cases to show that this is so. Do these paradigm cases (and thus the premise) hold? What consequences does it have for the theory of health and illness if it they (...) do not? These are the key questions in this article, which first presents the relationship between pain and disability in Nordenfelt’s theory and the paradigm cases he uses to argue for the primacy of disability over pain. Then, Nordenfelt’s concepts of illness are outlined, highlighting its presumptions and arguments. The main point is that if you do not have an action-theoretical perspective, it is not obvious that disability is the core concept for illness. The compelling effect of the paradigm cases presupposes that you see ability as the primary issue. To those who do not share this presumption, people in coma may not be ill. There are alternative well founded arguments for the primacy of first person experiences for the concept of illness. Hence, we need better arguments for the primacy of disability over first person experiences in illness, or first-person experience should be more primarily included in the concept of illness. (shrink)

Novel neurotechnologies like deep brain stimulation and brain-computer interfaces promise clinical benefits for severely suffering patients. Nevertheless, such electroceuticals raise several ethical issues on different levels: while on the level of clinical neuroethics issues with direct relevance for diagnosis and treatment have to be discussed, on the level of research neuroethics questions regarding research and development of these technological devices like investigating new targets and different diseases as well as thorough inclusion criteria are dealt with. On the level of theoretical (...) neuroethics more general questions are examined including anthropological considerations on “normal” human functioning as well as implications on personality, personal identity and authenticity. This paper presents a brief review on ethical issues of deep brain stimulation and brain computer interfacing and simultaneously introduces to this themed issue with thirteen contributions dealing from different perspectives with ethical implications of electroceuticals for the human brain. (shrink)

Moral distress has been written about extensively in nursing and other fields. Often, however, it has not been used with much theoretical depth. This paper focuses on theorizing moral distress using feminist ethics, particularly the work of Margaret Urban Walker and Hilde Lindemann. Incorporating empirical findings, we argue that moral distress is the response to constraints experienced by nurses to their moral identities, responsibilities, and relationships. We recommend that health professionals get assistance in accounting for and communicating their values and (...) responsibilities in situations of moral distress. We also discuss the importance of nurses creating “counterstories” of their work as knowledgeable and trustworthy professionals to repair their damaged moral identities, and, finally, we recommend that efforts toward shifting the goal of health care away from the prolongation of life at all costs to the relief of suffering to diminish the moral distress that is a common response to aggressive care at end-of-life. (shrink)

In response to criticism of empirical or “positive” approaches to corporate social responsibility (CSR), we defend the importance of these approaches for any CSR theory that seeks to have practical impact. Although we acknowledge limitations to positive approaches, we unpack the neglected but crucial relationships between positive knowledge on the one hand and normative knowledge on the other in the implementation of CSR principles. Using the structure of a practical syllogism, we construct a model that displays the key role of (...) empirical knowledge in fulfilling a firm’s responsibility to society, paying special attention to the implications of the “ought implies can” dictum. We also defend the importance of one particular class of empirical claims; namely, claims from the field of economics. Even positive economic theory, which is often criticized for endorsing profits rather than values, can cooperate in intriguing ways with non-economic concepts in the implementation of CSR goals. (shrink)

The number of corporate apologies has increased dramatically during the past decade. This article delves into the ethics of apologies offered by chief executive officers (CEOs). It examines ways in which public apologies on the part of a representative (CEO) of a corporate body (the firm) differ from both private, interpersonal apologies, on the one hand, and nation-state/collective apologies, on the other. The article then seeks to ground ethically desirable elements of a corporate apology in the nature or essence of (...) the corporate apology itself. It explores the largely ignored roles played by the speaker’s ethos and audience pathos in genuine or ethical apologies and suggests that attention needs to be paid to the problems posed by “role contamination,” context, and other overlooked factors. The reception by the actual audience of a given apology is a highly contingent matter. Ethicists should concentrate, therefore, on what makes a proffered apology, in principle, trustworthy and not merely efficacious for a given audience. (shrink)

The history of the field of business ethics in the U.S. remains understudied and misunderstood. In this article I begin to remedy this oversight about the past, and I suggest how it can be beneficial in the present. Using both published and unpublished primary sources, I argue that the business ethics field emerged in the early twentieth century, against the backdrop of the establishment of business schools in major universities. I bring to light four important developments: business ethics lectures at (...) the University of California and Yale University, Leon Marshall’s curriculum at the College of Commerce of the University of Chicago, and the William A. Vawter Foundation on Business Ethics at Northwestern University. Then, I consider the payoffs of my historical account for business ethics theory, pedagogy, and practice. Specifically, I present four implications of my account under these headings: business ethics as a public problem; the place of ethics in business schools; historicizing business ethics; and historical self-knowledge. (shrink)

Many scholars and managers endorse the idea that the primary purpose of the firm is to make money for its owners. This shareholder wealth maximization objective is justified on the grounds that it maximizes social welfare. In this article, the first of a two-part set, we argue that, although this shareholder primacy model may have been appropriate in an earlier era, it no longer is, given our current state of economic and social affairs. To make our case, we employ a (...) utilitarian moral standard and examine the apparent logical sequence behind the link between shareholder wealth maximization and social welfare. Upon close empirical and conceptual scrutiny, we find that utilitarian criteria do not support the shareholder model; that is, shareholder wealth maximization is only weakly linked to social welfare maximization. In view of the dubious validity of this sequential argument, we outline some of the features of a superior corporate objective—a variant of normative stakeholder theory. In the second article, we will advance and defend our preferred alternative and then discuss some institutional arrangements under which it could be implemented. (shrink)

Regulatory focus theory is proposed as offering an explanation for the influence of ethical leadership on organizational citizenship behaviors and employee commitments. The prevention focus mindset of an employee is argued to be the mechanism by which an ethical leader influences extra-role compliance behavior as well as normative commitment, whereas the promotion focus mindset of an employee is argued to be the mechanism by which an ethical leader influences extra-role voice behavior as well as affective commitment. Moreover, leader-member exchange is (...) proposed as a moderator of the relationship of ethical leadership to regulatory focus mindsets and employee behavior and commitments. Using the data collected in two waves from 250 working adults, we tested the proposed relationships with moderated mediation bootstrap procedures. The findings generally support the hypothesized relationships and point toward important implications for ethical leadership in work settings. (shrink)

Specific legislation in Argentina followed in the wake of the 1992 Earth Summit, with increased citizen awareness and growing academic concern from various philosophical perspectives. The current lines of research of the main work groups include (a) interdisciplinary work on environ­mental ethics and global environmental justice focused on natural resources and ecosystems, (b) the ecologically appropriate roots of the cultural heritage of Western civilization, and (c) gestalt ontology, deep ecology, and ecosophy. The emergence of ecophilosophy has required environmental education to (...) go beyond mere ecological training to include an understanding of the philosophical implications of managing and living with concerns for the environment. Interdisciplinary research has become a steadily growing and promising field that has brought together scholars from natural science, economics, anthropology, philosophy, and social science. (shrink)

Enrique Leff holds that the profound causes of the environmental crisis are founded in dominant ways of knowing; that is to say, the crisis is rooted in the epistemological bases of modernity. Leff has systematically dedicated himself to proposing and constructing concepts that deconstruct modern suppositions, and at the same time, enable new ways of understanding and apprehending the world. His extensive work has succeeded in transcending and forging space for environmental thought, not only in education and environmental philosophy, but (...) also in the areas of economics, sociology, and development. His central argument is that these problems are the result of a crisis of civilization, and he urges all of us to rethink the foundations of modern rationality underlying contemporary global society. (shrink)

From the beginning of the environmental crisis, a constellation of ecosophies, theories, ideologies, discourses, and narratives have irrupted in the emergent complex ground of environmental philosophy and political ecology. In this non-unifyable field of forces, sociological analysis has been intended to sketch maps and derive typologies to order the different views and standpoints in science, ecological thinking, and environmental ethics so as to guide academic research or political action. From this will to set and settle differences in thought and strategy, (...) a diversity of environmentalisms has emerged; the lines are drawn from North to South, rich to poor, masculine to feminine, naturalism to culturalism. Environmentalisms differentiate their sources, attachments, and derivations from mother theories and their approaches from different disciplines. Thus, the prefix eco- or the adjective environmental are attached to traditional disciplines. Latin American environmental thinking draws its sources from critical philosophical thought; it differs from other systems of thought by a radical epistemological concept of environment; and it acquires its identity from the cultural heritage of its peoples and the ecological potentials of its territories. (shrink)

Facing a near-death experience naturally pushes people to re-examine their basic moral values. During the recent global economic melt-down, calls to solve the concomitant ‘moral’ crisis come in from all fronts. The presumption is that we need business ethics courses to teach our business students to learn to take the moral high-road; we need ethics pledges and codes of ethics to teach business students to do the right thing. But in reality, what impact can a business ethics class have on (...) business people in the real world of tough choices and intense competition? It is my contention that if we look at the teaching of business ethics from the traditional Foundational Platonic perspective, we over-promise and under-deliver. By contrast, a Post-Foundational perspective gives us a pragmatic and viable picture of business ethics pedagogy that can make a real difference. (shrink)

The global financial crisis of 2008 brought the risk involved in the international banking business to everybody’s attention. It made clear that risk, despite the claims of banks, cannot be hedged away. The risk inherent in the banking business has been realised. It was realised to a larger extent and in different dimensions than assumed by risk management, quantitatively and qualitatively, and it had more severe effects than imagined before. This paper takes this event as an opportunity to reconsider the (...) term ‘risk’ itself from an unusual perspective. Aspects from the philosophy of Jacques Derrida, his considerations of the event, the im-possible or the horizon are used to interrogate the term ‘risk’ and to propose a ‘risk to come’. (shrink)

Some tendencies of Colombian environmental philosophical-ethical thought are being developed in the school of environmental thought at the National University of Colombia, Manizales Campus, thanks to the contributions of a group of thinkers who have undertaken the task of rethinking what has been thought. The thought of Augusto Angel-Maya inaugurated the Colombian environmental philosophy school of thought and his work has been followed by the voices of Jose Maria Borrero, Julio Carrizosa, Arturo Escobar, Guillermo Hoyos, Rubiel Ramírez, and Patricia Noguera. (...) In their diverse approaches to environmental thought we find the creative powers of an alternative environmental vision that is crystallizing not only in Colombia, but throughout Latin America. Their voices have opened ways toward reflection on the emerging values of the relationships between humans and the web of life, the values that we all must construct if we want an “environmental society,” and the values that it is necessary to overcome by inaugurating new educational, political, economic, and cultural practices, as much as in our region as in other areas of the world. (shrink)

Unlike Columbian environmental philosophy, which achieves a certain degree of unity because of the influence of the writings of Augusto Angel-Maya, Argentinean environmental philosophy is more diverse and represents a panorama of views and approaches. Nevertheless, although they could not be said to be environmental philosophy as such, the writings of Rodolfo Kusch could make a significant contribution to environmental thought strongly anchored in the peculiarities of our culture. Alicia Irene Bugallo has worked on themes of ecophilosophy, and has introduced (...) these themes to young people, educators, and the general public. Alcira Bonilla has introduced a type of eco-ethical humanism, avoiding physiocentrism or the sacralization of nature while moving away from anthropocentrism. Unlike Bugallo and Bonilla, whose positions are close to deep ecology, María Julia Bertomeu has emphasized the necessity of normative clarification of generalizable rules oriented toward environmental protection. The Marina Vilte School of the Confederation of Education Workers of the Argentine Republic has been an authentic catalyst by educating a new generation of educators in Argentina with a focus on environmental themes. A collaborative group of intellectuals working on critical thinking, created the journal Theomai, led by its coordinator Guido Galafassi, has elaborated a critique of our existing socio-environmental situation. With regard to the mass media, Miguel Grinberg and Antonio Brailovsky for several decades have been important in spreading concerns about environmental issues. (shrink)

This paper brings to bear empirical evidence from a sample of undergraduate students to show that perfectionism can be a fundamental cognition behind the essential symptoms of some anxiety and mood disorders, notably Generalized Anxiety Disorder and Major Depression; and it suggests that this popular “philosophy of life” may helpfully be used in diagnosing these disorders.

Since 2010, Section 922 of the Dodd-Frank Act has required the Securities and Exchange Commission to give a significant financial reward to any whistleblower who voluntarily discloses original information concerning fraud or other unlawful activity. How, if at all, might such “incentives” change our understanding of whistleblowing? My answer is that, while incentives should not change the definition of whistleblowing, it should change our understanding of the justification of whistleblowing. We need to distinguish the public justification of whistleblowing, its public (...) defense, from its personal justification, the defense the whistleblower should be able to present to conscience. Motive is relevant only to the personal justification—but, since motive is relevant to that, statutes should be written so as not to interfere with personal justification, for example, by offering incentives when compensation would do. Though the paper’s focus is Section 922, its argument and conclusions are quite general. (shrink)

Anonymous sperm donation offspring often yearn for information about their biological fathers, and as they come of age that yearning increases in intensity. We first explore will and interest theory regarding this desire to know one’s heritage and argue that both theories lead to a right of the offspring to know. We then turn to the donor contract, look at the inconsistencies between donor ability to eschew parental responsibility compared to other biological fathers, and argue that there should be a (...) procedure similar to adoption procedures, whereby sperm donors take seriously the legal severing of their parental rights and responsibilities. We conclude that the offspring have a right to their genetic heritage and call for caring reproductive technological practices that ensure children of donors this right. (shrink)

The notion of “respect for persons” is a one often closely tied to the religious edict that “we ought to love one another.” It thus appears to give rise to a command that we are obliged to nurture some kind of positive regard toward others.Taking on a slightly different hue, Kant’s notion of “respect for persons” requires that we recognize universalizing agents as autonomous, and, hence, even if fanatical (Hare), we have no grounds to condemn.In this paper, both of these (...) views will be challenged. It will be argued that we do not owe persons respect in the sense of positive regard, nor are we ethically required to give wide birth to “rational” choices. It will be argued, rather, that, although we do owe “respect to persons,” we owe respect in the sense of being prepared to hold persons “communicativelyaccountable”— of being prepared to engage in hard-nosed intersubjective communicative-interaction (Habermas) about the sort of values/ideals that ought to guide all reasonable people. Since such interaction necessitates the interchange of both positive AND negative judgements, it follows that “respect for persons” requires neither that we love them, nor that we leave them alone, but rather that we engage. (shrink)

Modern warfare has shifted from the traditional conception of states involved in self-defensive wars to include peacekeeping missions, humanitarian intervention, regional stabilisation in the face of natural disasters, and more. A central criterion from just war traditions is the probability of success—given the magnitude of harms that large military operations are expected to cause; there must be some likelihood that the military operation will be successful. However, how likely a given military operation will be is dependent, in part at least, (...) on the capacities of those acting in the given military operation. Our paper shows that the capacities of those involved in a military action bear upon the likelihood of that operation being successful. A central goal of this paper is to argue for the recognition of the training of soldiers as a moral requirement for the just war. (shrink)

Despite a significant effort to reduce civilian casualties, a large number of civilians have been killed and injured by the military forces of the Western powers undertaking military operations in remote regions. However, there is no requirement in the just war tradition (JWT) and international humanitarian law (IHL) to provide reparation for the victims of unintended and proportional attacks. This article seeks to establish moral grounds for responsibility to provide reparation for “collateral damage” by focusing on the distinct characteristics of (...) expeditionary intervention and supplementing JWT with the frameworks of corrective justice and restorative justice. We propose that the elective, non-reciprocal, and asymmetrical natures of expeditionary interventions give rise to a special obligation to provide reparation for the civilian harms permitted by the JWT, on the basis of the fair distribution of risks and the need to restore damaged relationships. (shrink)

Recent studies have shown that pharmacological treatment may have an impact on aggressive and impulsive behavior. Assuming that these results are correct, would it be morally acceptable to instigate violent criminals to accept pharmacological rehabilitation by offering this treatment in return for early release from prison? This paper examines three different reasons for being skeptical with regard to this sort of practice. The first reason concerns the acceptability of the treatment itself. The second reason concerns the ethical legitimacy of making (...) offers under coercive conditions. The third relates to the acceptability of the fact that those criminals who accepted the treatment would be exempted from the punishment they rightly deserved. It is argued that none of these reasons succeeds in rejecting this sort of offer. (shrink)

This paper suggests that certain characteristics of resourcerelated conflict reveal areas of contemporary Just War Theory that are insufficiently rigorous or robust in their current form. Water security in particular, reveals ambiguity in the Just War framework’s treatment of the jus ad bellum criteria of ‘just cause,’ which in turn challenges the credibility of the entire system. The insufficiency that is exposed has consequences for the effectiveness and cogency of the bodies of international law and global community, which are fundamentally (...) based, and function according to, this predominantly Western moral framework. Key problem areas relating to flexible notions of ‘aggression,’ coincide with a persistent dilemma of simultaneously advocating responsibility to a global community while maintaining sovereign rights and security. Focusing on the ‘just cause’ criteria, justification for acts of war over certain resources is evaluated. Worryingly, the same powerful strategic reasons that might motivate a state to engage in what would otherwise be labelled a ‘realist’ war over certain resources, appear to gain moral merit through interpretation of the jus ad bellum in the specific case of water security, while argument against military action appears increasingly absolutist and impractical. The aim here then is to show the vulnerability of a dangerous prescriptive void in the Just War framework itself. Central to this is the question of the moral weight and significance, if any, of vital resources, as defined by strategic and humanitarian necessity. (shrink)

Brazil has a long history of environmental problems, but philosophy seems to lag behind other disciplines that actively consider this history. Nonetheless, there is a sufficiently rich intellectual tradition to allow a genuine environmental philosophy to emerge. Based on a detailed overview of discussions pertaining to environmental reflection and activism in Brazil, three fields of tension in recent Brazilian environmental history—military developmentalism versus militant environmental activism, anthropocentric realism versus ecocentric utopia, and sustainable development versus strong sustainability—presuppose philosophical positions and represent (...) three corresponding “intellectual culprits” that need to be addressed. Among emerging trends in environmental philosophy, two avenues of thought can be highlighted as promising for dispersing these “culprits”: ethnocultural pluralism and global environmental responsibility. (shrink)

The principle of noncombatant immunity (NCI) lies at the heart of jus in bello or the moral rules governing the conduct of war. This paper takes up the status of NCI in asymmetrical wars (AW). The argument proceeds in six parts. In the first we present a skeptical or realist position about the feasibility of NCI in AW. Part two surveys the development of the idea of NCI. Part three provides an account of the logic and dynamics of AW. Part (...) four lays out a set of objections to the realist position. Part five imagines a realist rejoinder. In the final part we examine the moral and political implications of assuming that the realists are right about NCI in AW. We argue that even if they are, this does not imply the realist conclusion that “anything goes” in AW. In fact, we suggest that difficulties upholding NCI in AW may give rise to a special argument for conscientious objection. (shrink)

An organisation which operates without a ‘self-concept’ of its goals, authorised roles, governance procedures regarding sharing information, decisional powers and procedures, and distribution of benefits, or without continuous audit of its impact on its end-users, other players in the practice, and the state, does so at some ethical risk.This paper argues that a quasi-personal model of the collective ethical agency of organisations and states is helpful in suggesting some of these key areas which are liable to need careful organisational design (...) and control by leadership groups if the organisation as a whole entity (directors, operators, enablers) steered by the board/CEO as ‘mind/will,’ is to identify its stakeholders – internal and external – and treat them well. Such a quasi-personal model is outlined (QPM) in which six suggested areas should be covered by the leadership group in ethical governance: goals, roles, decision procedures, execution/verification, relations with endusers and other players in the practice, and relations with the community and the state. The ethical conception presupposed is Neo-Aristotelian Virtue Ethics (NAVE).In subsequent papers the many advantages of QPM/NAVE which will be claimed are these: it comes with an analysis of justice which straddles individuals, families, communities, markets, and states; it offers a more coherent normative account of ‘stakeholder’ and the internal /external stakeholder distinction, by differentiating their descriptive, ethical, and causal relations to the firm as collective agent; and it suggests that business practice and business corporations are partly creatures of the state, and merely one kind of evolving and changeable institution, in a practice with a specific socio-political permit, (not the source of ethics, politics, and social policy). (shrink)

Companies view corporate social responsibility as either compliance to legal obligations or “corporate giving”, in the form of donations for charitable causes. This mode of corporate giving will be unsustainable unless integrating strategic responsibility with social responsibility and ensuring individual “rights” and “responsibilities” is possible. This paper makes an attempt to conceptualize a sustainable framework for CSR, analyzing and discussing some macro level HRD issues. Four kinds of justification for CSR are identified: philanthropic, social responsiveness, pure normative and normative strategic. (...) A stakeholder model that fulfills normative assertions and instrumental claims is offered as an alternative framework for sustainable CSR. (shrink)

Over the last two decades, the Japanese notion of ba, introduced by Ikujiro Nonaka and his associates to the West, has come to play an important role in management theory. This notion, which has been roughly translated as ‘place’ or ‘topos,’ stresses the importance of processual spatial thinking for economics and management alike. As such, it echoes and amplifies recent voices in the business world, which argue that we must understand business strategy in terms ofspace, that is to say, as (...) an expression of the dynamics of social interaction which involves such factors as connectivity, information flow, external versus tacit knowledge, etc. Despite many efforts, the barriers for fully integrating ba into the body of Western management literature will remain for as long as its underlying assumptions are defined by ontologically static categories. This article is an attempt to overcome this theoretical bottleneck, first by critiquing the sub optimal approach to processual problems generated by conventional Western business theories, which can neither recognise their hidden background assumptions about space nor transcend them, and second, by explaining, within the framework of comparative analysis, how ba leads to a new processual and dynamic account of business life. Our overall aim is to demonstrate how a new processual notion of space enables a deeper, more integrated understanding not only ofthe nature of the firm, but also of the role managers play within firms. (shrink)

Denunciations, disclosures and reporting: why do whistleblowing procedures create an ethical dilemma in French corporations? Since July 2006, the requirement that foreign multinationals listed on the New York Stock Exchange (NYSE) implement this practice has been met with stiff resistance in many French companies. French labor unions see this controversy as a clash between the French and Anglo-Saxon models of transparency. To understand the moral reticence of French companies towards whistleblowing, we investigate five distinct perspectives: legal, economic, historical, philosophical and (...) sociological. 1/ We first probe into the legal contradictions in French regulations and find in these paradoxes the symptoms of a national taboo. 2/ We report on an economic survey, that gathers empirical data from 82 large French corporations, and analyzes different business sectors in France and the working population covered by a whistleblowing procedure. 3/ To elicit the etiology of this taboo, we return to the historical sources of the Dreyfus Affair and the Vichy regime, whose political traumas remain imprinted on the collective French memory. The linguistic confusion between the two French terms délation and dénonciation shows why whistleblowing is perceived in France more as an act of betrayal than of heroism. 4/ The philosophical roots of whistleblowing also shed light on the organizational behavior of French companies and the transparency they are struggling to promote. 5/ Entangled in sociological ambiguities, we discuss why French companies see whistleblowing as a risk, not as a means to prevent risk. (shrink)

The 25th anniversary of R. Edward Freeman’s Strategic Management: A Stakeholder Approach provides an opportunity to consider where stakeholder theory has been, where it is going, and how it might influence the behavior of academics conducting stakeholder-oriented research. We propose that Freeman’s early work on the stakeholder concept supports the normative claim that a stakeholder’s contribution to value creation implies a right to stakeholder voice with regard to how a corporation makes decisions. Failure to account for stakeholder voice (especially for (...) non-shareholder stakeholders) works to the detriment of stakeholders. We further propose that business ethicists and stakeholder scholars have a role to play with regard to supporting the interests - including a right to voice - ofnon-shareholder stakeholders through advocacy, teaching, and scholarship. We use the example of industrial relations teaching and scholarship as a model for future business ethics teaching and scholarship. (shrink)

This paper explores the use of an ethics framework based on the Public Health Code of Ethics to guide rationing decisions during a pandemic flu crisis involving a shortage of ventilators. While the law provides public health officials with authority to act, public health officials, as community leaders and health department managers, must address complex questions about how they should use their legal authority, how they can ethically justify a particular action, how they should engage community stakeholders in decision making, (...) and how the process of public justification should take place. Recognising the need for a tool that could help public health officials manage ethical tensions in practice, such as allocation of scarce resources, the Public Health Leadership Society led efforts todevelop a Public Health Code of Ethics. The 12 Principles in the Code were written to express the general norms implicit in the practice of public health professionals. The Code offers no hierarchical weighting of the different principles and anticipates that weights and specification of the principles would take place in the context of each community through a process of engagement between public health officials and community stakeholders about specific cases. We describe how public health officials can use the Code to guide deliberation in helping communities prepare to address the tragic choices when allocating scarce ventilators in an influenza pandemic. (shrink)

Much ink has been spilt over the last decade in discussion of the theories and practices of social enterprise - see especially Peattie and Morley for a comprehensive review of the field, including of other reviews.This brief paper is about a specific aspect of these theories and practices: the effort to establish social enterprises as distinctive from others in having at least a double bottom-line (or in some cases a triple bottom-line, or even some greater multiple of bottom-lines).The effort to (...) establish this distinction does not fit comfortably with Freeman’s ideas about stakeholders, as exemplified in his suggestion that ‘all of those groups and individuals that can affect, or are affected by, the accomplishment of the business enterprise’ should be taken into account by its managers.The main feature of the multiple bottom-line is, on the contrary, that only some interests, not all, should be taken into account in decision making.I do not claim that the multiple bottom-line is the sole distinctive characteristic of organisations defined (by themselves or other) as social enterprises, but it is the only characteristic that concerns me in relation to stakeholder theory in this paper. I also do not claim that stakeholder theory consists only of a view about who should be taken into account by managers, but this is the only element of stakeholder theory that concerns me, in this paper, in relation to social enterprises; and all other aspects of social enterprise theory and practice, and all other aspects of stakeholder theory, will have to wait until another day. (shrink)

Courses in business ethics are part of most Higher Education programmes in Management and Business Studies. Such courses are commonly aimed at providing students with knowledge about ethics, usually in the form of a set of ethical and meta-ethical theories which are presented as ‘tools’ for ethical decision making. This reveals an approach to the teaching of management and business ethics which is based upon a cognitive view of moral education – one which sees ethical knowledge as at least a (...) necessary condition for moral action – and in which it is assumed that ethical practice in management and business follows from the application of ethical knowledge. In this paper we ask whether the teaching of management and business ethics can be done differently and, more importantly, whether it can be done in an ethical manner, one which focuses on possibilities for being ethical rather than knowing ethics. Our explorations are informed by the work of Emmanuel Levinas and centre on the idea that responsibility is the first reality of the (ethical) self. Through a discussion of the notions of ‘the face’ and ‘the third part’ (le tiers) we explore how ethical subjectivity might be possible. We then ask what it might mean to organise a curriculum for management and business ethics around the ‘experience’ of responsibility-for-the-Other. (shrink)