Two individuals can both be ethical vegans but disagree on the normative basis of their moral beliefs. This article will look at the development of two competing theories that hold prominence in debates among animal advocates: utilitarianism and deontology. Next, we turn toward their divergence in epistemology, the moral status of experiences and individuals, and the limits of permissibility. Last, we unite utilitarianism and deontology by noting where they converge. This union comes from enlightenment thinking, the postulation of direct duties (...) to animals, disapproval of factory farming conditions, and, most importantly, the goal of improving the lives of many animals. (shrink)

Derk Pereboom and Gregg Caruso argue that humans are never morally responsible for their actions and take that thesis as a starting point for a project whose ultimate goal is the reform of responsibility practices, which include expressions of praise, blame, and the institution of legal punishment. This paper shares the skeptical concern that current responsibility practices can be suboptimal and in need of change, but argues that a non-skeptical pursuit of those changes is viable and more promising. The main (...) lines of the argument are developed by assessing the prospects of implementing one of the changes favored within the skeptical project (namely, the reduction of punishment severity) in light of how human moral psychology works. An original vignette experiment (N = 180; participants from Facebook groups related to Brazilian universities) asked participants to recommend sentences for a fictitious criminal after considering alternatives to regular punishment that varied in their effectiveness to prevent reoffending. The results suggest that people can become less punitive even if they continue to believe in moral responsibility and free will. The paper further argues that reforming responsibility practices is more likely to occur without the endorsement of skepticism. (shrink)

Over the last 50 years, there has been significant development of qualitative research and related methods in healthcare. Theoretical frameworks support researchers in selecting appropriate research approaches, procedures and analytical tools. However, the implications of the choice of theory are sparsely elucidated. Based on a text excerpt from a public debate article, the study aimed to show how different theory‐inspired analytical perspectives produced varied understandings of the same text. The study presented three subanalyses inspired by Bourdieu's sociological theory, Lazarus and (...) Folkman's psychological theory and utilitarian ethics, respectively. The analyses showed that by using different theoretical analytical perspectives in inductive processes, an immediate interpretation of the text was not obvious. It became possible to spot the underlying meta‐theoretical assumptions, as the interpretations were not taken for granted or indisputable. Our analyses suggest that different theoretical lenses lead to different interpretations of the same empirical material, recognising the existence of multiple truths or realities. Thus, utilising a theoretical perspective in inductive analyses can enhance transparency and rigour because the analytical optics are made explicit to the reader. This allows the reader to follow the analysis processes and comprehend from which theoretical starting point a truth arises. (shrink)

C.S. Peirce offered an evaluation of Bentham's philosophy to the effect that on some points Bentham's performance was of great value, but essentially, he was ‘a shallow logician’ confined to analysis of ‘lower motive’. This paper argues that Bentham's logic is deeply metaphysically based, multi‐levelled, and comprehensive. There are at least three constituent parts in his utilitarian logic: the first is his ontology, with its distinction between real and fictitious entities, and with pain and pleasure constituting the core real entities; (...) the second is his reductionism in, and analytical view of, simple and complex pleasures and pains; the third is the distinction between private ethics and public ethics. Bentham's logic is staunchly based on empiricism and truth and he developed a pragmatic utilitarian solution to overcome the potential impasse of Hume's scepticism through a mechanism of reflection. Even the doctrines of belief and abduction embraced and developed by Peirce are contained in Bentham's utilitarian logic. Bentham would certainly take Peirce's philosophy as ipse dixitism. Peirce was not in fact a serious reader of Bentham and failed to employ the distinction between argument and argumentation in his study of Bentham's logic. (shrink)

Human attitudes to animals have changed as non-humans have become more widely incorporated in the category of moral agents who deserve some respect. Parallels between the functioning of humans and non-humans have been made for thousands of years but the idea that the animals that we keep can suffer has spread recently. An improved understanding of motivation, cognition and the complexity of social behaviour in animals has led in the last 30 years to the rapid development of animal welfare science. (...) Early attempts to define welfare referred to individuals being in harmony with nature but the first usable definition incorporated feelings and health as part of attempts to cope with the environment. Others considered that welfare is only about feelings but it is argued that as feelings are mechanisms that have evolved they are a part of welfare rather than all of it. Most reviews of welfare now start with listing the needs of the animal, including needs to show certain behaviours. This approach has used sophisticated studies of what is important to animals and has replaced the earlier general guidelines described as freedoms. Many measures of welfare are now used and indicate how good or how poor the welfare is. Naturalness is not a part of the definition of welfare but explains why some needs exist. In recent years, welfare has become established as one of various criteria used to decide on whether a system is sustainable because members of the public will not accept systems that cause poor welfare. The study of welfare has become part of the scientific basis upon which important political decisions are made. (shrink)

The view that phenomenally conscious robots are on the horizon often rests on a certain philosophical view about consciousness, one we call “nomological behaviorism.” The view entails that, as a matter of nomological necessity, if a robot had exactly the same patterns of dispositions to peripheral behavior as a phenomenally conscious being, then the robot would be phenomenally conscious; indeed it would have all and only the states of phenomenal consciousness that the phenomenally conscious being in question has. We experimentally (...) investigate whether the folk think that certain (hypothetical) robots made of silicon and steel would have the same conscious states as certain familiar biological beings with the same patterns of dispositions to peripheral behavior as the robots. Our findings provide evidence that the folk largely reject the view that silicon-based robots would have the sensations that they, the folk, attribute to the biological beings in question. (shrink)

This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing examples such as mandatory (...) treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to justice (the “scope of justice”), including global justice, intergenerational justice, and environmental justice, as well as debates concerning whether justice applies to individual choices or only to institutional structures (the “site of justice”). The chapter closes with a discussion of strategies, including deliberative and aggregative democracy, for adjudicating disagreements about justice. (shrink)

We begin, in section 2, with a brief sketch of a cluster of assumptions about human desires, beliefs, actions, and motivation that are widely shared by historical and contemporary authors on both sides in the debate. With this as background, we’ll be able to offer a more sharply focused account of the debate. In section 3, our focus will be on links between evolutionary theory and the egoism/altruism debate. There is a substantial literature employing evolutionary theory on each side of (...) the issue. However, it is our contention that neither camp has offered a convincing case. We are much more sanguine about recent research on altruism in social psychology, which will be our topic in section 4. Though we don’t think this work has resolved the debate, we will argue that it has made illuminating progress – progress that philosophers interested in the question cannot afford to ignore. (shrink)

As philosophical and scientific arguments for free will skepticism continue to gain traction, we are likely to see a fundamental shift in the way people think about free will and moral responsibility. Such shifts raise important practical and existential concerns: What if we came to disbelieve in free will? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some (...) maintain or would it rather have a humanizing effect on our practices and policies, freeing us from the negative effects of belief in free will? In this chapter we consider the practical implications of free will skepticism and argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe. We argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for example, would not be threatened. On treatment of criminals, we argue that although retributivism and severe punishment, such as the death penalty, would be ruled out, preventive detention and rehabilitation programs would still be justified. While we will touch on all these issues below, our focus will be primarily on this last issue. -/- We begin in section I by considering two different routes to free will skepticism. The first denies the causal efficacy of the types of willing required for free will and receives its contemporary impetus from pioneering work in neuroscience by Benjamin Libet, Daniel Wegner, and John-Dylan Haynes. The second, which is more common in the philosophical literature, does not deny the causal efficacy of the will but instead claims that whether this causal efficacy is deterministic or indeterministic, it does not achieve the level of control to count as free will by the standards of the historical debate. We argue that while there are compelling objections to the first route—e.g., Al Mele (2009), Eddy Nahmias (2002, 2011), and Neil Levy (2005)—the second route to free will skepticism remains intact. In section II we argue that free will skepticism allows for a workable morality, and, rather than negatively impacting our personal relationships and meaning in life, may well improve our well-being and our relationships to others since it would tend to eradicate an often destructive form of moral anger. In section III we argue that free will skepticism allows for adequate ways of responding to criminal behavior—in particular, incapacitation, rehabilitation, and alternation of relevant social conditions—and that these methods are both morally justified and sufficient for good social policy. We present and defend our own preferred model for dealing with dangerous criminals, an incapacitation account built on the right to self-protection analogous to the justification for quarantine (see Pereboom 2001, 2013, 2014a; Caruso 2016a), and we respond to recent objections to it by Michael Corrado and John Lemos. (shrink)

‘Sentience’ sometimes refers to the capacity for any type of subjective experience, and sometimes to the capacity to have subjective experiences with a positive or negative valence, such as pain or pleasure. We review recent controversies regarding sentience in fish and invertebrates and consider the deep methodological challenge posed by these cases. We then present two ways of responding to the challenge. In a policy-making context, precautionary thinking can help us treat animals appropriately despite continuing uncertainty about their sentience. In (...) a scientific context, we can draw inspiration from the science of human consciousness to disentangle conscious and unconscious perception (especially vision) in animals. Developing better ways to disentangle conscious and unconscious affect is a key priority for future research. (shrink)

This paper explores the ontological bases for ethical behaviour between human animals and non-human animals drawing on phenomenology and Buddhist philosophy. Alongside Singer and utilitarianism, I argue that ethical behaviour regarding animals is most effectively justified and motivated by considerations of sentience. Nonetheless, utilitarianism misses crucial aspects of sentience. Buddhist ethics is from the beginning focused on all sentient beings, not solely humans. This inclusivity, and refined interrogations of suffering, means it can furnish more nuanced understandings of sentience. For phenomenology, (...) sentience includes the capacities for self-awareness and, I will argue, a plural self-awareness; the ‘I’ belongs to a ‘we’, and the ‘we’ is constitutive of the ‘I’. This ‘primordial we’ provides the basis for rethinking the moral relations between human animals and non-human animals. I contend finally we thus have an ontological basis in ‘interanimality’ to explain why we most often do and should care about all sentient beings. (shrink)

Professor Bryant’s article – which seeks to discover whether aspects of an anticruelty statute can be based directly on a call to virtuous conduct – is a provocative piece of scholarship that harbors a much larger question: Can a general principle mandating full respect for animals be developed out of the moral methodology inhering in virtue ethics? Insights garnered in this rejoinder are meant to stand alongside those in Professor Bryant’s article to lend deep moral grounding to animal-respect as well (...) as provide intimations of the way virtue ethics as a moral methodology might yield determinate answers to moral questions. Toward this end, this paper has several sections. The first section briefly outlines virtue ethics as a moral methodology with particular attention to its highly situated and somewhat ad hoc aspect. The second section explores efforts over the last several decades to rely first on utilitarianism and then on deontological approaches in pursuit of moral grounding for animal respect. The third section explores the particular challenges that utilitarianism or deontology must confront in attempting to provide moral grounding for any relationship between human beings and persons or creatures that are incapable of moral agency. Finally, I turn to the concept of fiduciary duty to see if it might be viewed as a type of virtue ethics – or perhaps an instance of virtue ethics in play. (shrink)

After explaining the reasons why we must urgently reexamine the foundations of the market economy, the article goes on to illustrate the main differences between the civil market and capitalist market models. It then answers the question of why, in the last quarter of a century, the concept of the civil economy has reemerged as a topic of public debate and scientific research. In particular, it highlights the reasons why the fourth industrial revolution postulates a civil market if the risks (...) involved with the advancement of transhumanism are to be avoided. The article ends with an invitation to transcend the contradictions of the culture of libertarian individualism. Después de aclarar las razones por las cuales es urgente repensar las bases de la economía de mercado, el artículo continúa para ilustrar las principales diferencias entre el modelo del mercado civil y el modelo del mercado capitalista. A continuación, se responde a la pregunta de por qué en el último cuarto de siglo la perspectiva del discurso de la economía civil está resurgiendo en el debate público, así como en la investigación científica. Se presta especial atención a resaltar las razones por las cuales la cuarta revolución industrial debe desarrollarse desde un mercado civil si se quieren evitar los riesgos asociados con el avance del transhumanismo. El artículo termina con una invitación a superar las aporías de la cultura del individualismo libertario. (shrink)

In this article, I propose a business paradigm that allows and enables the integration of environmental ethics into business decisions while creating a competitive advantage through the use of an ethical framework based on classical American pragmatism. Environmental ethics could be useful as an alternative paradigm for business ethics by offering new perspectives and methodologies to grant consideration of the natural environment. An approach based on classical American pragmatism provides a superior framework for businesses by focusing on experimentation and innovation, (...) driving a long-term focus, and providing actionable clarity. Under a pragmatic approach to ethics, the choice for sustainability becomes self-evident for business performance and moral reasons. (shrink)

ABSTRACT“How should a person lead her life?” The purpose of this paper is to suggest some principles (not a complete list) which will serve us ‘intellectual instruments’ for assessing forms of life. These principles are utilitarian in nature, and, as I will argue, essential to a reasonably rich account of personal well-being. The principles suggested are not instrumental, that is, they determine the worthiness of a form of life led by an agent irrespective of whether it satisfies her existing desires (...) and meet her actual preferences. Hence, I will argue that a person can be deprived, that is, categorically deprived, even when most of her desires are satisfied. In the last section of the paper I will argue for the role of education in ‘initiating’ the agent into worthy forms of life, and hence evading the charge of categorical deprivation and that of irrationality. (shrink)

“How should a person lead her life?” The purpose of this paper is to suggest some principles (not a complete list) which will serve us ‘intellectual instruments’ for assessing forms of life. These principles are utilitarian in nature, and, as I will argue, essential to a reasonably rich account of personal well-being. The principles suggested are not instrumental, that is, they determine the worthiness of a form of life led by an agent irrespective of whether it satisfies her existing desires (...) and meet her actual preferences. Hence, I will argue that a person can be deprived, that is, categorically deprived, even when most of her desires are satisfied. In the last section of the paper I will argue for the role of education in ‘initiating’ the agent into worthy forms of life, and hence evading the charge of categorical deprivation and that of irrationality. (shrink)

Business Ethics: A European Review, EarlyView.

Hierarchy is a difficulty for theories of equality, and especially those that define equality in relational or social terms. In ideal egalitarian circumstances it seems that hierarchies should not exist. However, a liberal egalitarian defence of some types of hierarchies is common. Hierarchies of esteem have no further consequences than praise or admiration for valued individual features. Hierarchies of status, with differential reward, can, it is often argued, also be justified when they serve a justified social purpose and meet conditions (...) of genuine equality of opportunity. However, group hierarchies remain problematic, and evidence suggests that they are pervasive in human societies above a subsistence level of production. It has also been argued that group hierarchies are impossible to eliminate, and enormous cost is associated with attempting, and failing, to remove them. However, the perspective of ‘real-world’ political philosophy suggests measures to mitigate group hierarchy, starting with those that are either the easiest to address, the most damaging, or the most consequential. (shrink)

Commentators have contested the role of resulting harm in criminal law since the time of Plato. Unfortunately, they have neglected what may be not only the best discussion of the issue, but also the first - namely, Plato's one-paragraph discussion in the "Laws." Plato's discussion succeeds in reconciling two, seemingly irreconcilable viewpoints that till now have been in stalemate. Thus, Plato reconciles the view, that an offender's desert is solely a function of his subjective willingness to act in disregard of (...) the legitimate interests of others, with the view that criminal sentences can appropriately be made to depend upon how indignant, angry, and upset society is at an offender based upon the results of his culpable conduct. In doing so, Plato casts light on retributive theories of punishment by suggesting that an adjudicator can be committed to retribution and yet rightly believe that it is inappropriate to give an offender the full punishment he deserves. He also lays a basis for the view that causation, rather being predicates for the just punishment of offenders toward whom the public is intuitively angry for harm, is the consequence of the public's being intuitively angry at offenders for harm. (shrink)

Pediatric research without the potential for clinical benefit is vital to improving pediatric medical care. This research also raises ethical concern and is regarded by courts and commentators as unethical. While at least 10 justifications have been proposed in response, all have fundamental limitations. This article describes and defends a new justification based on the fact that enrollment in clinical research offers children the opportunity to contribute to a valuable project. Contributing as children to valuable projects can benefit individuals in (...) two ways. First, individuals may come to ?embrace? the contributions they made as children. Second, contributing to valuable projects can lead to a better overall life. Because these potential benefits can outweigh small research risks, they provide a justification for pediatric research without the potential for clinical benefit, when it poses low risks and has the potential to benefit others in important ways. (shrink)

Recently, there has been a resurgence of interest in general, comprehensive models of human cognition. Such models aim to explain higher-order cognitive faculties, such as deliberation and planning. Given a computational representation, the validity of these models can be tested in computer simulations such as software agents or embodied robots. The push to implement computational models of this kind has created the field of artificial general intelligence (AGI). Moral decision making is arguably one of the most challenging tasks for computational (...) approaches to higher-order cognition. The need for increasingly autonomous artificial agents to factor moral considerations into their choices and actions has given rise to another new field of inquiry variously known as Machine Morality, Machine Ethics, Roboethics, or Friendly AI. In this study, we discuss how LIDA, an AGI model of human cognition, can be adapted to model both affective and rational features of moral decision making. Using the LIDA model, we will demonstrate how moral decisions can be made in many domains using the same mechanisms that enable general decision making. Comprehensive models of human cognition typically aim for compatibility with recent research in the cognitive and neural sciences. Global workspace theory, proposed by the neuropsychologist Bernard Baars (1988), is a highly regarded model of human cognition that is currently being computationally instantiated in several software implementations. LIDA (Franklin, Baars, Ramamurthy, & Ventura, 2005) is one such computational implementation. LIDA is both a set of computational tools and an underlying model of human cognition, which provides mechanisms that are capable of explaining how an agent’s selection of its next action arises from bottom-up collection of sensory data and top-down processes for making sense of its current situation. We will describe how the LIDA model helps integrate emotions into the human decision-making process, and we will elucidate a process whereby an agent can work through an ethical problem to reach a solution that takes account of ethically relevant factors. (shrink)

Epicurus argued that the good life is the pleasurable life. He also argued that ‘death is nothing to us’. These claims appear in tension. For if pleasure is good, then it seems that death is bad when it deprives us of deeply enjoyable time alive. Here, I offer an Epicurean view of pleasure and the complete life which dissolves this tension. This view is, I contend, more appealing than critics of Epicureanism have allowed, in part because it assigns higher value (...) to pleasures that we produce by exercising our rational capacities and by establishing control over our lives. (shrink)

This article explores Peter Singer’s Animal Liberation thesis and examines the arguments against his work, particularly from certain moral philosophers in the late 1970s and 1980s who seriously engaged with his ideas. This article argues that due to the straightforward, minimalist nature of Singer’s preference utilitarianism, his arguments have remained highly defensible and persuasive. By advancing sentience, above characteristics like intelligence or rationality, as a sufficient criterion for possessing interests, Singer provides a justifiable principle for morally considering animal interests equal (...) to those of humans. Numerous moral philosophers have challenged Singer, but they have struggled to seriously counter his core principle and to resolve the argument of ‘marginal cases’—that is, why do infants and intellectually disabled humans have moral status and animals do not. Ultimately, Singer broadly challenged prevailing anthropocentric views of animals and, in some instances, persuaded some of his most intransigent opponents. (shrink)

Abstract:This essay examines how normative theories of enterprise can be strengthened by incorporating the empirical study of motivation into the theory-development process. The link between moral conduct and motivation in the literature is reviewed, the framework for Motivational Appeal Analysis introduced and applied, and implications for theory and research are discussed.

§13 of Principia Ethica contains G. E. Moore’s most famous open question arguments. Several of Moore’s contemporaries defended various forms of metaethical nonnaturalism—a doctrine Moore himself endorsed—by appeal to OQAs. Some contemporary cognitivists embrace the force of Moore’s OQAs against metaethical naturalism. And those who posit noncognitivist meaning components of ethical terms have traditionally used OQAs to fuel their own emotivist, prescriptivist, and expressivist metaethical programs. Despite this influence, Moore’s OQAs have been ridiculed in recent decades. Their deployment has been (...) labeled “accident prone,” “simple to dismiss,” and just plain invalid. Critics accuse Moore of begging the question. Others argue that his OQAs founder upon the paradox of analysis. And still others argue that Moore’s open question argumentation is incompatible with the Kripke–Putnam causal theory of reference and thus it “simply fails; it is bankrupt”. I aim to show that there is something of continuing value in Moore’s open question efforts. I present and criticize Nicholas Sturgeon’s influential interpretation of Moore’s OQAs as a means to motivate and explicate my own interpretation of Moore’s thoughts in §13 of Principia Ethica. I then articulate the role that OQAs are intended to play in Moore’s overall argumentative strategies to undermine metaethical naturalism and thereby provide some theoretical support for metaethical nonnaturalism. Finally, I attend to the most prominent objections to Moore’s theorizing and attempt to evaluate the extent to which Moore’s efforts are successful. My hope is to display both the promising portions of Moore’s metaethical argumentation in Principia Ethica as well as its limitations. (shrink)

According to Adams, the acceptability of an indicative conditional goes with the conditional probability of the consequent given the antecedent. However, some conditionals seem to be inappropriate, although their corresponding conditional probability is high. These are cases with a missing link between antecedent and consequent. Other conditionals are appropriate even though the conditional probability is low. Finally, we have the so-called biscuit conditionals. In this paper we will generalize analyses of Douven and others to account for the appropriateness of conditionals (...) in terms of evidential support. Our generalization involves making use of Value, or intensity. We will show how this generalization helps to account for biscuit conditionals and conditional threats and promises. Finally, a link is established between this analysis of conditionals and an analysis of generic sentences. (shrink)

The organizational trust literature relies strongly on the notion of trust and trustworthiness as a calculative cause-and-effect relationship aimed at assessing the advantages and disadvantages between two actors. This utilitarian notion of trust has been critiqued by studies that highlight _construct inconsistencies_ related to utilitarian trust, which, it is argued, is deficient, incomplete and misleading. Our empirical study of the Dutch insurance sector identifies and categorizes three _process inconsistencies_ that help to explain why the calculation of trust in a utilitarian (...) sense is seemingly impossible in practice and is a barrier to the unambiguous assessment of individual needs and individual utility. These process inconsistencies successively concern insufficient information, complex behavioural dynamics, and a convoluted pattern of stakeholder influence to assess utility in trust relationships, specifically within complex socio-economic systems. Our findings contribute to the trust literature by proposing a classification of the previous critiques on utilitarian trust, and by showing that in scenarios of systematic rather than dyadic trust, process inconsistencies may be too strong to endure a ‘leap of faith’, at least with regard to suspension and assessing utilitarian trust in these more complex socio-economic systems. (shrink)

Přirozený zákon je jednou z nejvýznamnějších idejí, která stojí v základech evropského filosofického, etického a právního myšlení. Předložený článek podává stručnou expozici vývoje ideje přirozeného zákona ve filosofickém myšlení s důrazem na jeho klíčové momenty a vyjádření nosných tezí, které předurčily rozumění tomuto pojmu v následujících obdobích. Jeho cílem není detailní probádání některé z jednotlivých etap či některého z autorů, ale naopak podat souhrnný a přehledný obraz vývoje této ideje. Východiskem je zde stručné načrtnutí hlavních zdrojů ideje přirozeného zákona v (...) antice, počínaje předsokratiky, následně u Platóna a Aristotela a představením hlavních rysů stoické koncepce. Další část je věnovaná scholastickému uchopení problematiky přirozeného zákona u T. Akvinského a Suaréze. Následuje přiblížení novověkých úvah u Grotia, Pufendorfa a Hobbese. Tito teoretici jsou následně kontrastováni s průřezovým přehledem myšlení positivně právního u Benthama, Austina a jejich pokračovatelů, neboť i vývoj positivistického myšlení výrazně přispěl k zformování moderní teorie přirozeného zákona, které stojí explicitně v opozici k němu. Text uzavírá přiblížení stavu přirozenoprávní diskuse u nejvýznamnějších autorů 20. století. (shrink)

This paper sets out a view of a General Jurisprudence that is needed to underpin the institutionalised discipline of law as it becomes more cosmopolitan in the context of “globalisation”, and considers its implications. Part I restates a position on the mission and nature of the discipline of law and of the role of jurisprudence, as its theoretical part, in contributing to the health of the discipline. Part II clarifies some questions that have been raised about this conception of General (...) Jurisprudence: (i) the implications of “globalisation”; (ii) The meaning of “General Jurisprudence” in this context; (iii) The relationship between Jurisprudence, Legal Philosophy, and social scientific approaches to law; and (iv) The significance of the idea of “non-state law”. Part III illustrates through concrete examples some implications for possible agendas and issues suggested by this model within the areas roughly characterised as analytical, normative, empirical, and critical jurisprudence, including critical analysis of the assumptions and presuppositions typically underpinning mainstream work in fields such ascomparative law, public international law, religious law, and socio-legal studies. (shrink)

This paper is concerned with whether there is a moral difference between simulating wrongdoing and consuming non-simulatory representations of wrongdoing. I argue that simulating wrongdoing is (as such) a pro tanto wrong whose wrongness does not tarnish other cases of consuming representations of wrongdoing. While simulating wrongdoing (as such) constitutes a disrespectful act, consuming representations of wrongdoing (as such) does not. I aim to motivate this view in part by bringing a number of intuitive moral judgements into reflective equilibrium, and (...) in part by describing the case of a character that I call The Devious Super Geek who simulates wrong to particular people that he knows personally. I build bridging cases from the case of the Devious Super Geek to capture games in which one simulates wrong to imaginary members of extant, morally salient categories. The surprising conclusions that we are led to include not just that simulated wrongdoing is pro tanto wrong, but that simulated Just killing is pro tanto wrong, and also that the simulated killing of zombies and aliens is also pro tanto wrong. Finally, I describe how I propose to handle some potential objections and attempt to weigh the pro tanto wrong identified in the paper against some countervailing considerations in some all things considered judgements. (shrink)

Gamification is an increasingly common marketing tool. Yet, to date, there has been little examination of its ethical implications. In light of the potential implications of this type of stealth marketing for consumer welfare, this paper discusses the ethical dilemmas raised by the use of gamified approaches to marketing. The paper draws on different schools of ethics to examine gamification as an overall system, as well as its constituent parts. This discussion leads to a rationale and suggestions for how gamification (...) could be regulated and/or controlled by more informal codes of conduct. The paper ends by outlining a practical framework which businesses can use to evaluate the potential ethical implications raised by their own gamified marketing techniques. (shrink)

I am the LawIt is hard to imagine two more disparate characters than Judge Joseph Dredd and Hercules J—the one an over-muscular, faceless and heavily armed street judge astride a Lawmaster motorcycle who overidentifies with his role ; the other devoid of any physical presence or image, and structurally decoupled from the execution of law by a fierce determination to maintain the separation of powers and accountability which Dredd so effortlessly ignores. Hercules J is the embodiment of an intellectualised, yet (...) creative, operationalisation of law. To the academic spirit, Hercules is infinitely preferable as a model of judicial activism: his world conjures a contemplative modality, ever alert to the requirements of rights and largely aligned with the temper of the post-Enlightenment. By contrast, Dredd is the personification of the worst aspects of law-and-order as the debased and politicised manifestation of the Rule of Law. His is an intensely visceral presence, the metonymic blindness of Themis replaced by the Dredd’s fractured eyeline: blindness as a signifier of impartiality yields to blindness as a symptom of institutional rage. This article interrogates the characters, actions and values of Hercules J and Dredd J, viewed primarily through the lens of Jacques Derrida’s Force of Law, focusing on the relationship between law and violence as it is exposed in Hercules’s and Dredd’s worlds, and then turning to judicial confrontation with the aporetic: the aporias, identified by Derrida and others, that law must confront. The interrogation continues, finally contemplating the current state of law in the common law world—the world of liberal democracies, suggesting that the high point of democracy may well have passed, and that we are on a Dredd-ward trajectory. (shrink)

Ronald Dworkin, Law's Empire Cambridge: The Belknap Press of Harvard University Press, 1986, xiii + 470 pp.

Chief Judge Achilles and Judge Hera – uniqueness of proceedings – the nature of judicial decision-making – the judicial order of Mega-city One – source of judicial power – judicial styles – qualities required for judicial office – context of judicial action – requirement of reflection – interpretation and meaning in enforcement of law – adjudicative models – law as horrific – legal theories – Hans Kelsen – Justice Hercules – Jacques DerridaJudge Howard – critical assessment of judicial order of (...) Mega-city One – Hans Kelsen, positivism and democracy – merging of law fondatrice and law conservatrice – the “soul of the law” – fracture of the Rule of Law – fascism – comparisons with fascist regimes of twentieth Century Europe – signifiers in judicial uniform – consequences of dissent – reasons for, and consequences of, resignationChief Judge AchillesJudge HeraJudgement delivered 3 March 2138.Grand Hall of Justice, Mega-city One. (shrink)

This study examined the organizational ethics of 51 Chinese media outlets by investigating their organizational statements through breaking them down into three components: definitions, loyalties and values (functions and purposes), and ethical principles (consequentialism vs. formalism). The impact of three characteristics on organizational ethics was also tested. It was found that the Chinese media are most loyal to organizational development, then to the government; and least loyal to their audience. Furthermore, media organizations tend to use consequentialism rather than formalism to (...) justify their moral decisions. This pattern is particularly salient in TV stations compared with daily newspapers. (shrink)

In this article, we focus on the attribution of moral responsibility for the actions of autonomous weapons systems (AWS). To do so, we suggest that the responsibility gap can be closed if human agents can take meaningful moral responsibility for the actions of AWS. This is a moral responsibility attributed to individuals in a justified and fair way and which is accepted by individuals as an assessment of their own moral character. We argue that, given the unpredictability of AWS, meaningful (...) moral responsibly can only be discharged by human agents who are willing to take a moral gambit: they decide to design/develop/deploy AWS despite the uncertainty about the effects an AWS may produce, hoping that unintended and unwanted or unforeseen outcomes may never occurs, but also accepting to be held responsible if such outcomes will occur. We argue that, while a moral gambit is permissible for the use of non-lethal AWS, this is not the case for the actions of lethal autonomous weapon systems. (shrink)

ABSTRACTIncreasing attention is being directed at the impact of fake news on democratic societies across the globe. Scholars in a range of fields are attempting to determine who is behind fake news...

The relationship between Bentham's ‘enunciative principle’ and his ‘censorial principle’ is famously problematic. The problem's solution is that each person has an overwhelming interest in living in a community in which they, like others, are liable to punishment for behaviour condemned by the censorial principle either by the institutions of the state or by the tribunal of public opinion. The senses in which Bentham did and did not think everyone selfish are examined, and a less problematic form of psychological hedonism (...) than Bentham's is proposed. (shrink)

The presence or absence of consciousness is the linchpin of taxonomy for disorders of consciousness (DOCs), as well as a focal point for end-of-life decision making for patients with DOCs. Focus on consciousness in this latter context has been criticized for a number of reasons, including the uncertainty of the diagnostic criteria for consciousness, the irrelevance of some forms of consciousness for determining a patient’s interests, and the ambiguous distinction between consciousness and unconsciousness. As a result, there have been recent (...) suggestions that perhaps consciousness ought not to play the focal role that it does in decision making for persons with DOCs, and that other considerations, such as patient and family values, ought to take center stage. In this article, I take a step back and reexamine the meaning of consciousness in the DOC taxonomy. I propose that, while consciousness in DOC taxonomy is defined as “wakeful awareness,” this definition, while clinically expedient, occasions ethical misunderstanding. Using resources from non-Western philosophy of mind, I argue that the form of consciousness that is ethically relevant in DOCs is intransitive, or pure. I contrast this pure experience with transitive consciousness to highlight why ethical conclusions ought not define consciousness solely as “wakeful awareness,” even if clinical criteria do. (shrink)

Moral dilemmas are a useful tool to investigate empirically, which parameters of a given situation modulate participants’ moral judgment, and in what way. In an effort to provide moral judgment data from a non-WEIRD culture, we provide the translation and validation of 48 classical moral dilemmas in Persian language. The translated dilemma set was submitted to a validation experiment with N = 82 Iranian participants. The four-factor structure of this dilemma set was confirmed; including Personal Force, Benefit Recipient, Evitability, and (...) Intentionality. When comparing moral judgments of Iranian participants to those of Spanish and Italian participants’ from previous research with the same dilemma set, differences emerged. Iranian participants’ moral judgments were more deontological, than Spanish and Italian participants. Religiosity made participants’ moral judgments more deontological, and also dysphoric mood resulted in a more deontological response style. (shrink)

Deontological and teleological evaluations are widely utilized in the context of consumer decision-making. Despite their use, the differential effect of these distinct types of evaluations, and the conditions under which they hold, remains an unresolved issue. Thus, we conduct a meta-analysis of 316 effect sizes, from 53 research articles, to evaluate the extent to which deontological and teleological evaluations influence ethical judgments and intentions, and under what circumstances the influence occurs. The effect is explored across three categories of moderators: (1) (...) contextual elements of the ethical issue, (2) stakeholders, and (3) methodological characteristics of primary studies. We find that the overall effect of deontological evaluations on ethical judgments and intentions is stronger than for teleological evaluations; however, the magnitude of the effect is contingent on several moderators. Deontological evaluations are weaker in offline consumer contexts and stronger when there are financial implications of the ethical issue. Conversely, the effect of teleological evaluations is relatively stable across ethical consumer contexts. Teleological evaluations are stronger from a utilitarian perspective than from an egoist one. Furthermore, the effect of deontological evaluations is weaker, but the effect for teleological evaluations is stronger, when the decision-maker has a personal relationship (as compared to an organizational relationship) with the victim of the unethical act. Findings validate the effect of both deontological and teleological evaluations on ethical judgments and intentions and highlight their importance in consumers’ ethical decision-making. Implications for developing programs to prevent consumer unethical behavior are discussed. (shrink)