In many jurisdictions in the United States and elsewhere, the law governing deadly force by police and civilians contains a notable asymmetry. Often civilians but not police are bound by the imminence requirement—that is, a necessary condition for justifying deadly force is reasonable belief that oneself or another innocent person faces imminent threat of grave harm. In U.S. law enforcement, however, there has been some shift toward the imminence requirement, most evident in the use-of-force policy adopted by the Department of (...) Justice in 2022. This article defends that shift and argues that the ethical case for the imminence requirement in policing is stronger than Shannon Brandt Ford suggests in a recent article. Though the imminence requirement’s impacts on policing and public safety require ongoing study, the principle of equality before the law and the Doctrine of Doing and Allowing both provide moral grounds for this requirement, especially given the lack of evidence that the status quo helps protect life. (shrink)

The article examines methods of distinguishing positive and negative duties within the provisions of the European Convention of Human Rights as applied by the European Court of Human Rights. It highlights problems with tying positive duties to acts and negative duties to omissions, and sets out a supplemental delineation method when those problems lead to systematic classification errors: duties sort as positive if they have the capacity for multiple fulfilment options and negative if they only allow one fulfilment option. These (...) delineation criteria allow for a more consistent reconstruction of case law and point to a causal mechanism for alleged asymmetries in proportionality review and margins of appreciation. Lastly, there are revisionary implications for human rights scholarship. Judgments have been sorted as positive rights cases because they feature a requirement that states commit to legislative amendment, yet performative acts of amendment may be continuous with underlying negative duties. (shrink)

Nurses make mistakes in practice despite the culturally based expectation of perfection. Such a disparity between reality and expectation calls members of the profession to question the current attitudes toward mistakes in practice. Two explanatory models of the origin of mistakes are presented. The Perfectibility Model holds that any error or harm is caused by an individual practitioner's lack of knowledge or motivation. The Faulty Systems Model offers a broader explanation of human error. I conclude that a Faulty Systems Model (...) is more comprehensive and more effective for managing mistakes. Integrating the Faulty Systems Model into practice and education can result in more ethically fitting responses to errors and ultimately better outcomes for nurses, institutions and patients. (shrink)

Philosophers debate over the truth of the Doctrine of Doing and Allowing, the thesis that there is a morally significant difference between doing harm and merely allowing harm to happen. Deontologists tend to accept this doctrine, whereas consequentialists tend to reject it. A robust defence of this doctrine would require a conceptual distinction between doing and allowing that both matches our ordinary use of the concepts in a wide range of cases and enables a justification for the alleged moral difference. (...) In this article, I argue not only that a robust defence of this doctrine is available, but also that it is available within a consequentialist framework. (shrink)

Thomas Pogge has argued that we have strong negative duties to assist the global poor because we harm them through our contribution to the global economic order. I argue that Pogge’s concept of harm is indeterminate. The resources of any group will typically be affected by at least two economic schemes. Pogge suggests that the responsibility for any affected group’s shortfall from a minimum standard ought to be shared between the contributing schemes. I argue that shared responsibility can be interpreted (...) in two different ways. Unfortunately, both interpretations are problematic. Lastly, I suggest a strategy for amending this problem. (shrink)

RESUMEN Los defensores del liberalismo político sostienen que el ejercicio del poder político es legítimo solo cuando es justificado por razones públicas que todos los ciudadanos pueden aceptar con independencia de la doctrina religiosa, filosófica o moral a la que se adhieren. Según John Rawls, satisfacer esa concepción de la legitimidad exige apelar, en la justificación pública de la acción del Estado, a "concepciones políticas de la justicia". Se busca elaborar un nuevo tipo de argumento a favor de la posición (...) de Rawls. ABSTRACT The supporters of political liberalism hold that the exercise of political power is legitimate only when it is justified by public reasons acceptable to all citizens, independently of the religious, philosophical, or moral doctrine they adhere to. In John Rawls' view, satisfying this conception of legitimacy makes it necessary to appeal to "political conceptions of justice" when attempting to publicly justify actions by the State. The article sets forth a new type of argument in favor of Rawls' position. RESUMO Os defensores do liberalismo político sustêm que o exercício do poder político é legítimo só quando é justificado por razões públicas que todos os cidadãos podem aceitar com independência da doutrina religiosa, filosófica ou moral à qual se aderem. Segundo John Rawls, satisfazer essa concepção da legitimidade exige apelar, na justificativa pública da ação do Estado, a "concepções políticas da justiça". Procura-se elaborar um novo tipo de argumento a favor da posição de Rawls. (shrink)