Physicians try hard to alleviate mental and physical ailments of their patients. Thus, they are heavily burdened by observing ethics and staying well-informed while improving health of their patients. A major ethical concern or dilemma in medication is that some physicians know their behavior is unethical, yet act against their moral compass. This study develops models of theory–practice gap, offering optimal solutions for the gap. These solutions would enhance self-motivation or remove external obstacles to stimulate ethical practices in medicine. The (...) Constructivist Grounded Theory Methodology is applied here where the participants and the main researcher mutually interacted with each other. Data collection was performed through qualitative methods including observation and semi-structured interviews with 21 physicians and medical students. Initial and focused coding was done, from which principal concepts were later extracted. MAXQDA software was used for analyzing data. Analysis of twelve major concepts in the study resulted in two factors and solution groups, from which four general notions influencing the ethical theory and practice gap in medicine were extracted: providing effective education to change attitude and behavior; considering motivational and emotional factors; reconstructing regulations and processes to facilitate ethical practice; conducting comprehensive and systematic studies. The existing medical educational system needs to be reconsidered to add to individual internal motivation, including optimizing persuasion strategies, maximizing participation of students, adhering to virtuous ethical theories, and fostering emotions. Additionally, regulations and processes can be reconstructed to remove practical obstacles and promote ethical practice with insignificant damages to individual self-motivation. (shrink)

Physicians try hard to alleviate mental and physical ailments of their patients. Thus, they are heavily burdened by observing ethics and staying well-informed while improving health of their patients. A major ethical concern or dilemma in medication is that some physicians know their behavior is unethical, yet act against their moral compass. This study develops models of theory–practice gap, offering optimal solutions for the gap. These solutions would enhance self-motivation or remove external obstacles to stimulate ethical practices in medicine. The (...) Constructivist Grounded Theory Methodology is applied here where the participants and the main researcher mutually interacted with each other. Data collection was performed through qualitative methods including observation and semi-structured interviews with 21 physicians and medical students. Initial and focused coding was done, from which principal concepts were later extracted. MAXQDA software was used for analyzing data. Analysis of twelve major concepts in the study resulted in two factors and solution groups, from which four general notions influencing the ethical theory and practice gap in medicine were extracted: providing effective education to change attitude and behavior; considering motivational and emotional factors; reconstructing regulations and processes to facilitate ethical practice; conducting comprehensive and systematic studies. The existing medical educational system needs to be reconsidered to add to individual internal motivation, including optimizing persuasion strategies, maximizing participation of students, adhering to virtuous ethical theories, and fostering emotions. Additionally, regulations and processes can be reconstructed to remove practical obstacles and promote ethical practice with insignificant damages to individual self-motivation. (shrink)

The paper aims at a critical discussion of Alexy’s conception of the relationship between law and morality, which is known to insist on their necessary connection. After a brief recapitulation of this conception, the author scrutinizes three of its essential elements: the thesis of the dual nature of law, the argument from law’s claim to moral correctness, and the idea of an objective morality. Finally, he sketches his own position which, in some respects, resembles Alexy’s view, but also differs from (...) it in certain relevant points. (shrink)

This paper deals with the question of how norms are to be conceived of in order to understand their role as guidelines for human action within various normative orders, particularly in the context of law on the one hand and conventional morality on the other. After some brief remarks on the history of the term “norm,” the author outlines the most significant general features of actually existing social norms, including legal and conventional norms, from which he arrives at two basic (...) requirements on an appropriate conception of such norms: the actuality and the normativity requirements. On this basis, he enters into a critical discussion of Kelsen's highly influential view of norms, arguing that this view is doomed to failure. In the last part of the paper, the author scrutinizes the more promising “practice theory of norms” by H.L.A. Hart, which, in his view, also suffers from some shortcomings, but may be modified in a way that leads to a conception of social norms providing us with a plausible explication of their actual existence and their normative force. (shrink)

As a normative ethics theory, virtue ethics theory can present a criterion for criminalization. The revival of this theory brought about a great new change in new ethics philosophy in the second half of the 20th century. Its effects on criminalization are just like the two sides of a coin. On the one hand, it has the capacity of promoting ethics to reach its climax and even act as a permit for criminal intervention in the internal qualities of the individuals (...) and on the other hand, it can decriminalize most of the vicious actions in order to make citizens virtuous.In the field of the philosophy of the law of virtue, the theory of the ethics of virtue is used for the philosophical justification of criminalization. Therefore, in order to present a virtuous criminal theory, special attention is paid to moral vices. In the theory of virtuous criminalism, we are faced with two main axes: one, flourishing, and the second, vice. The presentation of a legislative theory in the philosophy of virtue-based law takes into account human flourishing. Proponents of liberalism, on the other hand, argue that criminalizing moral depravity violates privacy; while the problem is not simple. For this reason, the criminalization of vicious behavior faces challenges including the threat of self-ownership and the justification of these behaviors from the perspective of the principle of harm. The main question now is, to what extent is the criminalization of moral vices in the context of the theory of self-government? One might also ask how virtuous criminal theory can be justified by a reading of the principle of harm. The present paper has achieved the following approach with a descriptive-analytical method: The criminalization of some moral vices violates the right of citizens to self-government. Therefore, criminalizing these behaviors will not be justified. On the other hand, from the perspective of the theory of virtuous criminalism, moral vice is not a sufficient and even necessary condition for criminalization. For this reason, assuming that the criminalization of a vice is justified on the basis of a reading of the principle of harm, it can not necessarily be claimed that the application of criminal law against this behavior is effective. In addition, the purpose of this study is to explain the limits and challenges of the theory of virtuous criminalism in the context of the theory of self-government and the principle of harm. In addition, in this article, readers are introduced to the concerns of liberals. And they will realize that criminalization in the context of virtue-based philosophy of law does not necessarily violate privacy, that is, we will not face maximum criminalization. In addition to the analysis of the nature of virtue ethics, the present thesis dissertation reviews argumentative methods of virtuous criminalization in the context of virtue-oriented criminal law jurisprudence and criticizes hurdles and methods of creating a liberal approach. (shrink)

The use of the term "applied ethics" to denote a particular field of moral inquiry (distinct from but related to both normative ethics and meta-ethics) is a relatively new phenomenon. The individuation of applied ethics as a special division of moral investigation gathered momentum in the 1970s and 1980s, largely as a response to early twentieth- century moral philosophy's overwhelming concentration on moral semantics and its apparent inattention to practical moral problems that arose in the wake of significant social and (...) technological transformations. The field of applied ethics is now a well established, professional domain sustained by institutional research centers, professional academic appointments, and devoted journals. As the field of applied ethics grew and developed, its contributors predominantly advocated consequentialist and deontological approaches to the problems they address; but lately a significant number of moral philosophers have begun to bring the resources of virtue ethics to bear upon the ever-evolving subject matters of applied ethics. (shrink)