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1293 found
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  1. Devil’s Advocates: On the Ethics of Unjust Legal Advocacy.Michael Huemer - manuscript
    I argue that it is morally wrong for a lawyer to pursue a legal outcome that he knows to be unjust, such as the acquittal of a guilty client or the triumph of the wrong side in a lawsuit.
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  2. Caselaw H v R: a final analysis.Sally Ramage - manuscript
    This is a case that should go to the European Court of Human Rights. A decent, senior qualified family doctor was accused by his mentally ill daughter of sex abuse. Without real evidence except for what the girl told another mentally ill patient at a psychiatric hospital she stayed at for several years, and wit just two witnesses, one a younger child wo saw none of the accused offences, and the other parent, struck off the General Medical Council Register for (...)
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  3. The murder trial of R v Vincent Tabak [2011].Sally S. Ramage - manuscript
    The trial took place at Bristol Crown Court, England, United Kingdom for the murder of Joanna Yeates, and Dr Vincent Tabak was the Defendant. The author attended at court for this trial and this paper notes many of the obvious and unsatisfactory legal and procedural points in this trial. Dr Vincent Tabak was convicted of the murder at this trial. Of course the jury were not to know the finer points of law as the lower court judge did not advise (...)
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  4. Truth in perjury.Joanne Lau - manuscript
    of (from British Columbia Philosophy Graduate Conference) In moral reasoning, we sometimes encounter situations where what our ethical principles tell us to do and what we actually do conflict. In legal ethics, such anomalies arise for lawyers in defending a client who commits perjury. Wallace argues that such lawyers have not mastered the practice of truth-telling, and thus suffer from some sort of moral deficiency. However, due to the complexities of legal practice, particularly the value of truth and evidence, lawyers (...)
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  5. The Labor movements in Australia and New Zealand.David L. Glickman - forthcoming - Social Research: An International Quarterly.
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  6. Young lawyers Christmas drinks.Farewell to Kate Hughes - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  7. Quehacer fonoaudiológico en el área judicial.Esteban Camilo Gómez Izquierdo - forthcoming - Areté. Revista de Filosofía.
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  8. Set to take place from March 21-24, at the glorious Queensland Gold Coast, LAWASIAdownunder2005 will undoubtedly be the leading legal conference for Asia and the Pacific in 2005. [REVIEW]Intellectual Property Law - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  9. Advertising Legal Services in NSW.Capital Lawyers, Daniel D. Steiner & Mr Daniel Steiner - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  10. Bioethical Reasoning in New Zealand & Australia.Drj Macer - forthcoming - Bioethics for the People by the People, Tsukuba, Eubios Ethics Institute.
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  11. Reimagining the University. Tbc (ed.) - forthcoming
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  12. Educational Justice and School Boosting.Marcus Arvan - 2024 - Social Theory and Practice 50 (1):1-31.
    School boosters are tax-exempt organizations that engage in fundraising efforts to provide public schools with supplementary resources. This paper argues that prevailing forms of school boosting are defeasibly unjust. Section 1 shows that inequalities in public education funding in the United States violate John Rawls’s two principles of domestic justice. Section 2 argues that prevailing forms of school boosting exacerbate and plausibly perpetuate these injustices. Section 3 then contends that boosting thereby defeasibly violates Rawlsian principles of nonideal theory for rectifying (...)
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  13. Freedom of Conscience: A Communal-based Approach.Owen Jeffrey Crocker - 2024 - Appeal: Review of Current Law and Law Reform 29 (1):25-47.
    Despite the plethora of freedom of religion literature (under section 2(a) of the Canadian Charter of Rights and Freedoms), the corresponding literature on the freedom of conscience is minimal. To further the discussion on the freedom of conscience, I rely heavily on the philosophical literature to make an important distinction; the difference between individual- based and communal-based conceptions of conscience. Whereas the former is plagued with subjectivity, making it difficult to conceptualize a working framework for the Charter right, the latter (...)
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  14. The Making of Shia Ayatollahs.Sayed Hassan Akhlaq - 2023 - Lanham, MD: Rowman & Littlefield.
    The Making of Shia Ayatollahs offers both insider and outsider views of how a scholar becomes an Ayatollah in Shia Islam, how ayatollahs suggest diverse perspectives on faith, and how the grand ayatollahs are recognized by a balance of many factors including piety, scholarship, popularity and networking. This book consists of two parts. The first begins with the core value of knowledge in Islam and the Ulama’s interpretation of jurisprudence and the subjects, values, and methodology they have developed and are (...)
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  15. Back to basics, and beyond belief : the radical re-valuation project of the new standard conception.Rob Atkinson - 2023 - In Julian S. Webb (ed.), Leading works in legal ethics. New York, NY: Routledge.
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  16. Defusing the legal and ethical minefield of epigenetic applications in the military, defence and security context.Gratien Dalpe, Katherine Huerne, Charles Dupras, Katherine Cheung, Nicole Palmour, Eva Winkler, Karla Alex, Maxwell Mehlmann, John W. Holloway, Eline Bunnik, Harald König, Isabelle M. Mansuy, Marianne G. Rots, Cheryl Erwin, Alexandre Erler, Emanuele Libertini & Yann Joly - 2023 - Journal of Law and the Biosciences 10 (2):1-32.
    Epigenetic research has brought several important technological achievements, including identifying epigenetic clocks and signatures, and developing epigenetic editing. The potential military applications of such technologies we discuss are stratifying soldiers’ health, exposure to trauma using epigenetic testing, information about biological clocks, confirming child soldiers’ minor status using epigenetic clocks, and inducing epigenetic modifications in soldiers. These uses could become a reality. This article presents a comprehensive literature review, and analysis by interdisciplinary experts of the scientific, legal, ethical, and societal issues (...)
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  17. Repentence : did Atticus defend Jim Crow?Tim Dare - 2023 - In Julian S. Webb (ed.), Leading works in legal ethics. New York, NY: Routledge.
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  18. Revisiting Stanley Milgram's obedience to authority : an engaged followership perspective on legal ethics.Tigran W. Eldred - 2023 - In Julian S. Webb (ed.), Leading works in legal ethics. New York, NY: Routledge.
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  19. Race matters : white dispatches from the professional front.Allan C. Hutchinson - 2023 - In Julian S. Webb (ed.), Leading works in legal ethics. New York, NY: Routledge.
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  20. Not the end of lawyers, but a beginning-the place of entrepreneurship and innovation in legal ethics.Renee Knake Jefferson & Russell G. Pearce - 2023 - In Julian S. Webb (ed.), Leading works in legal ethics. New York, NY: Routledge.
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  21. In search of public interest lawyering : what does it take to give practical content to better professional norms?Richard Moorhead & Steven Vaughan - 2023 - In Julian S. Webb (ed.), Leading works in legal ethics. New York, NY: Routledge.
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  22. The lost lawyer regained-virtue, liberalism, and citizenship in lawyers' ethics.Reid Mortensen - 2023 - In Julian S. Webb (ed.), Leading works in legal ethics. New York, NY: Routledge.
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  23. Understanding risk with FOTRES?Tim Räz - 2023 - AI and Ethics 3:1153–1167.
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  24. James Rest's Four component model (FCM) : a case for its central place in legal ethics.Justine Rogers & Hugh Breakey - 2023 - In Julian S. Webb (ed.), Leading works in legal ethics. New York, NY: Routledge.
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  25. The ghost of the profession's past.Rebecca Roiphe - 2023 - In Julian S. Webb (ed.), Leading works in legal ethics. New York, NY: Routledge.
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  26. Speaking for Others from the Bench.Wendy Salkin - 2023 - Legal Theory 29 (2):151-184.
    In this article, I introduce and examine the novel concept of bench representation. Jurists and scholars have extensively examined whether judges are or ought to be considered symbolic representatives of abstract concepts (for instance, the law, equality, or justice), representatives of society as a whole, or descriptive representatives of the social groups from which they hail. However, little attention has been paid to the question whether judges act as representatives for the parties before them through their everyday work on the (...)
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  27. Drone Warfare, Civilian Deaths, and the Narrative of Honest Mistakes.Matthew Talbert & Jessica Wolfendale - 2023 - In Nobuo Hayashi & Carola Lingaas (eds.), Honest Errors? Combat Decision-Making 75 Years After the Hostage Case. T.M.C. Asser Press. pp. 261-288.
    In this chapter, we consider the plausibility and consequences of the use of the term “honest errors” to describe the accidental killings of civilians resulting from the US military’s drone campaigns in Iraq, Syria, Afghanistan, and elsewhere. We argue that the narrative of “honest errors” unjustifiably excuses those involved in these killings from moral culpability, and reinforces long-standing, pernicious assumptions about the moral superiority of the US military and the inevitability of civilian deaths in combat. Furthermore, we maintain that, given (...)
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  28. The fragility of legal ethics : on the role of theory, lawyerly virtues, and moral remainders in the life of a good lawyer.Iris van Domselaar - 2023 - In Julian S. Webb (ed.), Leading works in legal ethics. New York, NY: Routledge.
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  29. Human dignity as the ground of legal ethics : the lawyer's role revisited, from Luban to Levinas.Julian Webb - 2023 - In Julian S. Webb (ed.), Leading works in legal ethics. New York, NY: Routledge.
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  30. Leading works in legal ethics.Julian S. Webb (ed.) - 2023 - New York, NY: Routledge.
    This volume reviews and takes stock of legal ethics, at a time when the legal profession globally is experiencing considerable change and challenges, through a re-evaluation of writings that are in some way foundational to the field. Legal ethics, understood here as the study of the ethics and professional regulation of lawyers, has emerged as a novel and important field of study over the last 50 years. It is also one that displays considerable diversity in its scholarship, with distinctive philosophical (...)
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  31. Introduction : surfing the waves of legal ethics scholarship.Julian Webb & Nicola Hard - 2023 - In Julian S. Webb (ed.), Leading works in legal ethics. New York, NY: Routledge.
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  32. Community, goodness, and solidarity in legal ethics.W. Bradley Wendel - 2023 - In Julian S. Webb (ed.), Leading works in legal ethics. New York, NY: Routledge.
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  33. The Possibility and Defensibility of NonState ‘Censorship’.Andrew Jason Cohen & Andrew I. Cohen - 2022 - In J. P. Messina (ed.), New Directions in the Ethics and Politics of Speech. New York, NY: Routledge. pp. 13-31.
    Whether Social Media Companies (hereafter, SMCs) such as Twitter and Facebook limit speech is an empirical question. No one disputes that they do. Whether they “censor” speech is a conceptual question, the answer to which is a matter of dispute. Whether they may do so is a moral question, also a matter of dispute. We address both of these latter questions and hope to illuminate whether it is morally permissible for SMCs to restrict speech on their platforms. This could be (...)
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  34. The right to bequeath as a common legal power.Luft Constantin & Gutmann Thomas - 2022 - In Schmidt am Busch Hans-Christoph, Halliday Daniel & Gutmann Thomas (eds.), Inheritance and the Right to Bequeath: Legal and Philosophical Perspectives. Oxon/New York: Routledge. pp. 76-94.
    This chapter demonstrates that counter-arguments against such a right from analytic legal theory, among them Steiner’s, do not succeed. Although there are no rights on the part of post-mortem persons, a right to bequeath can be explained by and built around posthumous interests of the testator that might be adversely affected after his or her demise. This perspective, however, would have to be based upon an interest theory of rights. For proponents of a will theory of rights such as Steiner, (...)
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  35. What is the Incoherence Objection to Legal Entrapment?Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - 2022 - Journal of Ethics and Social Philosophy 22 (1):47-73.
    Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts (...)
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  36. Entrapment, temptation and virtue testing.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - 2022 - Philosophical Studies 179 (8):2429–2447.
    We address the ethics of scenarios in which one party entraps, intentionally tempts or intentionally tests the virtue of another. We classify, in a new manner, three distinct types of acts that are of concern, namely acts of entrapment, of intentional temptation and of virtue testing. Our classification is, for each kind of scenario, of itself neutral concerning the question whether the agent acts permissibly. We explain why acts of entrapment are more ethically objectionable than like acts of intentional temptation (...)
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  37. Legal ethics for lawyers: a new model.Barbara Mescher - 2022 - New York, NY: Routledge.
    This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers' professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the case now and legal (...)
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  38. On the Moral Impact Theory of Law.Ezequiel H. Monti - 2022 - Oxford Journal of Legal Studies 42 (1):298-324.
    Mark Greenberg argues that legal obligations are those moral obligations created by the actions of legal institutions in the legally proper way. Here I defend three main claims. First, I argue that, although very often misunderstood, Joseph Raz is also a defender of MITL. Secondly, I argue that while both Greenberg and Raz are committed to MITL, they disagree about the conditions under which a moral obligation can be said to be created in the legally proper way. Finally, I argue (...)
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  39. Responsibility for Reckless Rape.Katrina Sifferd & Anneli Jefferson - 2022 - Humana Mente - Journal of Philosophical Studies 42 (15):119-143.
    Sometimes persons are legally responsible for reckless behavior that causes criminal harm. This is the case under the newly drafted provisions of the U.S. Model Penal Code (MPC), which holds persons responsible for “simple” rape (nonconsensual sex without proof of force or threats of force), where the offender recklessly disregards the risk that the victim does not consent. In this paper we offer an explanation and corrective critique of the handling of reckless rape cases, with a focus on the U.S. (...)
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  40. Presumptions and Cognitive Simplicity in Leibniz and Early Modern Legal Theory.Andreas Blank - 2021 - In Tilmann Altwicker, Francis Cheneval & Matthias Mahlmann (eds.), Rechts- und Staatsphilosophie bei G. W. Leibniz. Tübingen, Deutschland: Mohr Siebeck. pp. 23-42.
  41. The Moral Irrelevance of Constitutive Luck.Mihailis E. Diamantis - 2021 - Erkenntnis 88 (3):1331-1346.
    One’s constitution—whether one is generous or miserly, temperate or intemperate, kind or mean, etc.—is beyond one’s control in significant respects. Yet one’s constitution affects how one acts. And how one acts affects one’s moral standing. The counterintuitive inference—the so-called problem of constitutive moral luck—is that one’s moral standing is, to some significant extent, beyond one’s control. This article grants the premises but resists the inference. It argues that one’s constitution should have no net impact on one’s moral standing. While a (...)
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  42. Does legal epistemology rest on a mistake? On fetishism, two‐tier system design, and conscientious fact‐finding.David Enoch, Talia Fisher & Levi Spectre - 2021 - Philosophical Issues 31 (1):85-103.
    Philosophical Issues, Volume 31, Issue 1, Page 85-103, October 2021.
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  43. The subject of rights and responsibility in Ricoeur's legal philosophy.Guido Gorgoni - 2021 - In Marc de Leeuw, George H. Taylor & Eileen Brennan (eds.), Reading Ricoeur Through Law. Lanham, Maryland: Lexington Books.
    While the legal concept of a subject of rights is eminently an abstraction, Ricoeur’s philosophical challenge seeks to rethink its identity within the philosophy of action, in correlation with the ideas of capacity, attestation, and recognition. The terminology Ricoeur employs presents some significant marks of this theoretical stance, as he speaks of a “veritable” or a “real” subject of rights as distinguished from the purely formal one. I argue that Ricoeur’s approach to the legal subject attains its highest meaning in (...)
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  44. The Dismantler.Schubert Karsten - 2021 - In Thanos Zartaloudis & Peter Goodrich (eds.), The Cabinet of Imaginary Laws. Routledge. pp. 154–161.
    A short story about the pitfals of a new law, the General Act for the Dismantling of Normalising Power and Structures of Privilege, and, more philosophically, about the problems of institutionalizing progressive politics through law. Published in The Cabinat of Imaginary Laws, by Peter Goodrich and Thanos Zartaloudis: Returning to the map of the island of utopia, this book provides a contemporary, inventive, addition to the long history of legal fictions and juristic phantasms. Aimed at an intellectual audience disgruntled with (...)
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  45. The Virtues of Economic Rescue Legislation: Distributive Justice, Civil Law, and the Troubled Asset Relief Program.Henry S. Kuo - 2021 - Moral Philosophy and Politics 8 (1):305-329.
    This study constitutes an ethical analysis through the lens of distributive justice in the case of the Troubled Asset Relief Program (TARP), which was enacted in the midst of the Great Recession of 2007–2009. It begins by engaging with the visions of justice constructed by John Rawls and Robert Nozick, using their insights to locate the injustices of TARP according to their moral imaginations. However, this study argues that Rawls’ and Nozick’s theories of justice primarily envision the nature of law (...)
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  46. Against Draconian Penalties for Covid-19 Quarantine Infringements.Elias Moser - 2021 - Etikk I Praksis - Nordic Journal of Applied Ethics 2:17-28.
    In 2020, after the first Covid-19 lockdown, several countries implemented a policy of contact tracing and self-isolating for individuals who crossed borders or came into contact with infected people. To enforce these restrictions, some states imposed very harsh monetary penalties for people who violated them. Behind these harsh fines lies an instrumental rationale. They allow the state to avoid implementing a system of labor-intensive and costly surveillance and enforcement. In this article I argue that such severe penalties are extremely unjust. (...)
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  47. Beyond the rules: behavioral legal ethics and professional responsibility.Catherine Gage O'Grady - 2021 - St. Paul. MN: West Academic Publishing. Edited by Tigran W. Eldred.
    This concise book brings behavioral insights to the wide array of topics commonly taught in the required professional responsibility course, including admission to the practice of law, confidentiality, conflicts of interest, representing entities, prosecutorial and criminal defense ethics, litigation and negotiation ethics, legal billing, and managerial and subordinate responsibilities. Behavioral legal ethics relies on empirical research to explore how lawyers actually make ethical decisions in context, rather than how they predict they would decide an ethical dilemma. This approach complements the (...)
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  48. Regulating Marijuana Use in the United States: Moving Past the Gateway Hypothesis of Drug Use.Jason F. Arnold & Robert M. Sade - 2020 - Journal of Law, Medicine and Ethics 48 (2):275-278.
    Many studies have shown that marijuana can negatively affect the cognitive development of adolescents. For some individuals, marijuana use may also initiate opioid use, dose escalation, and opioid use disorder. States that legalize marijuana should help adolescents through regulation of advertising and availability of marijuana-infused edibles. Such policies may assist in protecting neurodevelopment of the adolescent and young adult brain. The federal government should also remove its prohibition of marijuana sales and use, leaving their regulation to state law-makers.
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  49. Is Litigation the Way to Combat the Opioid Crisis?Richard C. Ausness - 2020 - Journal of Law, Medicine and Ethics 48 (2):293-306.
    This paper examines the lawsuits brought by state and local government entities against prescription opioid producers and sellers. It examines their potential liability as well as some of the defenses they might raise. The paper also discusses multidistrict litigation and government lawsuits in state court. It concludes that litigation is not the best solution to the opioid crisis.
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  50. Google and Facebook Vs Rawls and Lao-Tzu: How Silicon Valley’s Utilitarianism and Confucianism Are Bad for Internet Ethics.Morten Bay - 2020 - AoIR 2020: The 21th Annual Conference of the Association of Internet Researchers.
    The proposed paper presents an argument in favor of a Rawlsian approach to ethics for Internet technology companies (den Hoven & Rooksby, 2008; Hoffman, 2017). Ethics statements from such companies are analyzed and shown to be utilitarian and teleological in nature, and therefore in opposition to Rawls’ theories of justice and fairness. The statements are also shown to have traits in common with Confucian virtue ethics (Ames, 2011; Nylan, 2008).
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