Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.

The paper addresses the question of judges' moral responsibility in an unjust society. How is the "moral" judge to reconcile his perception of justice with a malevolent law? Upon what grounds might judges, and perhaps other public officials, be held morally responsible for their acts or omissions? Does a positivist approach yield a more satisfactory resolution than a natural law or Dworkinian analysis? Could inclusive positivism offer any clues as to how this quandary might be judiciously resolved?

Paternalism, understood as coercive intervention with the behavior of a person in order to prevent her from causing harm to herself, is a highly controversial issue, because it implies a departure from the widely recognized principle of harm to others. Some conceptual differences between legal paternalism and other forms of state coercion that also depart from the principle of harm to others will be indicated. This is followed by an analysis of the arguments that are usually brought forth against legal (...) paternalism. And finally, the possibility of determining ethically justifiable types of legal paternalism is explored. (shrink)

Methods of punishing corporations have changed from self-regulation to economic sanctions by government as corporations have evolved from small groups of entrepreneurs to multinational entities. It is proposed that the next stage in the evolution of punishment methods is modified vendettas, or organized attempts by non-government groups to influence corporations through the application of economic and non-economic sanctions.This paper develops the concept of modified vendettas as a complement to government-initiated economic sanctions. The effectiveness of modified vendettas is analyzed through two (...) case examples. As with any punishment method, however, the usefulness of a modified vendetta depends not only on its effectiveness but also on how well it meets society's needs to monitor and check corporate activity while preserving corporations' rights to operate. To resolve this issue, modified vendettas are assessed using a philosophical framework incorporating both retributive and utilitarian principles. It is found that modified vendettas extend society's ability to control corporate behavior while corporations have legal and public relations means to protect themselves from frivolous use of the technique. Did you ever expect a corporation to have a conscience, when it has no soul to be damned, and no body to be kicked? (Baron Thurlow). (shrink)

Judicial obligation to enforce the law is typically regarded as both unproblematic and important: unproblematic because there is little reason to doubt that judges have a general, if prima facie, obligation to enforce law, and important because the obligation gives judges significant reason to limit their concern in adjudication to applying the law. I challenge both of these assumptions and argue that norms of political legitimacy, which may be extra-legal, are irretrievably at the basis of responsible judicial reasoning.

In "transitional societies" like South Africa and Bosnia, which are currently moving from authoritarianism, and often violent repression, to democracy, questions arise about the appropriate way to deal with serious human rights offenders.

Our purpose in this article is to draw attention to a connection that obtains between two dilemmas from two separate spheres: sports and the law. It is our contention that umpires in the game of cricket may face a dilemma that is similar to a dilemma confronted by legal decision makers and that comparing the nature of the dilemmas, and the arguments advanced to solve them, will serve to advance our understanding of both the law and games.

This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is particularly interesting because it is instructive for both contract law and Rawlsian theory. On the one hand, justice as fairness has clear normative implications for the institution of contract law. On (...) the other hand, this discussion forces us to critically assess the meaning and appeal of the concept of a basic structure in justice as fairness. (shrink)

Preparers of financial statements are in a position to manipulate the view of economic reality presented in those statements to interested parties. This paper examines two principal categories of manipulative behaviour. The term macro-manipulation is used to describe the lobbying of regulators to persuade them to produce regulation that is more favourable to the interests of preparers. Micro-manipulation describes the management of accounting figures to produce a biased view at the entity level. Both categories of manipulation can be viewed as (...) attempts at creativity by financial statement preparers. The paper analyses two cases of manipulation. First, it describes a recent case of significant and successful lobbying against the accounting regulator in the USA. The second case examines some recent Spanish earnings manipulation to demonstrate the effects of biased reporting at the entity level. Both types of creativity are considered in an ethical context. The paper concludes that the manipulations described in it can be regarded as morally reprehensible. They are not fair to users, they involve an unjust exercise of power, and they tend to weaken the authority of accounting regulators. (shrink)

This paper addresses the question of prison inmates' right to privacy from an ethical perspective. I argue that the right to privacy is important because of its connection to moral agency and that the protection of privacy is warranted by different established philosophical theories about the justification of legal punishment. I discuss the practical implications of this argument by addressing two potential problems. First, how much privacy should be allowed during imprisonment in order to meet the criteria of respecting inmates (...) as moral agents? Second, how should the conflict between privacy and other rights, including the rights of the public and the prison staff, as well as those of the prison inmates, be handled? Consequently, from an ethical perspective, the invasion of privacy should be minimized to the greatest extent possible without compromising other important values and rights to safety and security. In defending this position, I argue that respect for inmates' privacy should be part of the objective of creating and upholding a secure environment to better effect in the long run. (shrink)

This paper considers electronic monitoring (EM) a promising alternative to imprisonment as a criminal sanction for a series of criminal offenses. However, little has been said about EM from an ethical perspective. To evaluate EM from an ethical perspective, six initial ethical challenges are addressed and discussed. It is argued that since EM is developing as a technology and a punitive means, it is urgent to discuss its ethical implications and incorporate moral values into its design and development.

Since the passage of Title VII of the Civil Rights Act of 1964 and more recent Federal legislation, managers, regulators, and attorneys have been busy in sorting out the legal meaning of fairness in employment. While ethical managers must follow the law in their hiring practices, they cannot be satisfied with legal compliance. In this article, we first briefly summarize what the law requires in terms of fair hiring practices. We subsequently rely on multiple perspectives to explore the ethical meaning (...) of fairness in hiring. Ethical fairness underlies the law and regulations in this area, but goes beyond them as well. We conclude by demonstrating that ethical hiring practices enable managers to make better hiring decisions. (shrink)