Senior managers are important to the successful management of ethics in organizations. Therefore, their perceptions of organizational ethics are important. In this study, we propose that senior managers are likely to have a more positive perception of organizational ethics than lower level employees do largely because of their managerial role and their corresponding identification with the organization and need to protect the organization’s image as well as their own identity. By contrast, lower level employees are more likely to be cynical (...) about the organization’s ethics. In order to compare senior managers’ and lower level employees’ perceptions of ethics in the organization, we surveyed randomly selected senior managers and lower level employees in three firms. We found that perceptions of ethics in the organization differed predictably across levels, with senior managers’ perceptions being significantly more positive and lower level employees’ perceptions being more negative. Implications for practice and research are discussed. (shrink)

In modern jurisprudence it is taken as axiomatic that John Austin's sanction-based account of law and legal obligation was demolished in H.L.A. Hart's The Concept of Law, but Hart's victory and the deficiencies of the Austinian account may not be so clear. Not only does the alleged linguistic distinction between being obliged and having an obligation fail to provide as much support for the idea of a sanction-independent legal obligation as is commonly thought, but the soundness of Hart's claims, as (...) well as the claims of many legal theorists who have followed him, depend on a contested view of the nature of legal theory. If the task of a theory of law, as Joseph Raz and others have influentially argued, is to identify the essential features of the concept of law, then the theoretical possibility, if not the empirical reality, of a sanction-free legal system is what is most important. But if the task of a theory of law is to provide philosophical and theoretical illumination of law as it exists and as it is experienced, then a theory of law that fails to give a central place to law's coercive reality may for that reason be deficient as a theory of law. The question of the soundness of the Austinian account, therefore, may be a function of the answer to the question of what a theory of law is designed to accomplish. (shrink)

The role dilemma raises a problem for role ethic interpretations of Confucianism. The dilemma arises from the conflict between the demands and obligations of Humaneness and the demands and obligations of roles one occupies. Favoring the demands of Humaneness undermines a role ethic because roles and role-obligations no longer ground the ethic. However, favoring social role-obligations permits immoral and unjust role-obligations and allows for uncharitable readings of Confucianism.This paper examines how Mengzi resolves the dilemma. I argue that Mengzi’s account of (...) human nature privileges the demands of Humaneness; social roles are central but defeasible in light of Humaneness. I briefly discuss a prominent articulation of Confucian role ethics as well as the role dilemma. Then, after considering the technical resources within the Mengzi, I argue that Mengzi espouses an externalism about roles. Finally, I explore the relationship between Mengzi’s externalism and role e.. (shrink)

It is commonly thought that when democratic states act wrongly, they should bear the costs of the harm they cause. However, since states are collective agents, their financial burdens pass on to their individual citizens. This fact raises important questions about the proper distribution of the state’s collective responsibility for its unjust policies. This article identifies two opposing models for sharing this collective responsibility in democracies: first, in proportion to citizens’ personal association with the unjust policy; second, by giving each (...) citizen an equal share of the costs. Proportional distribution is compatible with the principle of fairness. And yet, both in the literature and in political praxis we find many supporters for the equal sharing of the costs of unjust policies in democracies. How can equal distribution be defended on normative grounds? This article develops a defense that is grounded in citizens’ associative obligations. I argue that, at least in some democracies, one of the intrinsic values of the civic bond revolves around the joint formation and execution of worthy political goals. This social good generates the political associative obligation to accept an equal distribution of the costs of unjust policies. (shrink)

Although sociologists conceive obligation as an objective force that compels individuals to act and think according to pre-defined norms of conduct and ways of reasoning, philosophers view it as an imperative that is met through the agent’s deliberation. The aim of this article is to undermine the standard dichotomy between the deterministically sociological and the moral–philosophical views of obligation by way of contending that Wittgenstein’s view on blind obedience bears a conception of the social. I will then argue that Wittgenstein’s (...) notion of forms of life and the sociological notion of situation refer to the same encompassing phenomenon: obligation. I will finally claim that this phenomenon should be re-specified in terms of impersonality to devise a shared dynamic conception of obligation admitting that a plurality of contextual normative orders monitor collective and individual action in ordinary life. (shrink)

This article provides an account of a body of sociological studies recently published which claim to adopt a pragmatist approach. It discusses the validity of this claim through highlighting the similarity between some principles of pragmatism and of sociology (the primacy of practice, the decisive nature of context, the importance of uncertainty, the temporality of action, the sociality of normativity). It eventually argues that a sociological pragmatist-oriented approach should endorse a radically fallibilist perspective and take into account the openness and (...) contingency of inquiry as topics to be empirically investigated as essential aspects of action in common. This would entail paying particular attention to the ingenious ways in which three features of action in common are overcome in practical activities: indeterminacy (descriptions are never complete and individuals have constantly to make sense by themselves of the unavoidable shortcomings of communication); contextuality (renouncing any kind of essentialism and adhering to Wittgenstein’s ordinary grammar perspective); and emergence (apprehending action in common from the point of view of its actual and sequential accomplishment). (shrink)

This article contends that an ethics of care has a particular moral ontology that makes it suitable to argue for the normative significance of relational responsibilities within professional health care. This ontology is relational. It means that moral choices always have to account for the web of relationships, the relational networks and responsibilities that are an essential part of particular moral circumstances. Given this ontology, the article investigates the conditions for health care professionals to be partial and to act on (...) the basis of particular responsibilities to their patients. We will argue that priorities could be partial in three ways: first, because there may be exceptional circumstances that allow for giving priority to one patient over another; second, because the integrity of the patient and a health care worker may be connected in special ways; and, finally, even if impartiality is essential, the institutional basis of health care must always give ample space for an ethically qualified individual and personal care for patients. Even if difficult priorities may be necessary, the conditions of institutional health care should always seek to create the prerequisites for nurses and doctors to administer proper care. (shrink)

The main purpose of this article is to show that the essence of Mozi’s political theory, namely that a civil state is in its best or ideal condition when each citizen exercises universal care, is more defensible than it is usually thought to be. Doing this will require an exposition of the main features of his theory and occasionally reference arguments and considerations outside of Mozi’s text. We interpret the disagreement between Mozi and his alleged Confucian opponents as a disagreement (...) about the nature of political obligation: Confucians regard political service as a kind of noncontractual role obligation, while Mozi regards it as an obligation derivable from universal and impartial moral principles. (shrink)

This paper distinguishes between two main questions regarding the notion of privacy: “What is privacy?” and “Why do/should we value privacy?”. In developing a social-ontological recognitional model of privacy, it gives an answer to the first question. According to the SORM, Privacy is a second order quality of roles within social practices. It is a function of who is or should be recognized as a “standard authority”. Enjoying standard authority means to have the right to interpret and contest role behavior (...) and role obligations within a specific practice, as well as evaluate the normative structure, the fundamental practice norms as well as the roles and their status. The SORM utilizes the concept of standard authority to explicate privacy with regard to two categories that capture the relevant phenomena of privacy: decisional and informational privacy. Within a practice, an actor is said to have decisional privacy if she as a BCR does not recognize bearers of accidental roles as standard authorities. Vice versa, an actor is said to enjoy informational privacy if all other BCRs recognize her as a standard authority. Additionally, the requirement of mutual recognition by the practice participants as standard authorities introduces a “weak normativity” into the theory, which can be used to identify deficient privacy arrangements within practices. (shrink)

Several states in the United States of America and countries in Europe punish parents when their minor child commits a crime. When parents are being punished for the crimes committed by their children, it should be presumed that parents might be held responsible for the deeds of their children. This article addresses the question whether or not this presumption can be sustained. We argue that parents can be blamed for the crimes of their children, not because they have the duty (...) to control their children as is often maintained, but because they have the duty to assist their child to develop in such a way that s/he becomes a morally competent agent. (shrink)

Recently debates about the worth of “ideal theory” have directed attention to the functions that an account of a perfectly just society can serve. One function is that of “reconciliation”: learning that a seemingly undesirable feature of the social world would exist even in the perfectly just society can show us the value that it has in the present as well. John Rawls has emphasized reconciliation as among the roles of political philosophy. For instance, Rawls claims that his theory of (...) justice can reconcile us to the pluralism of liberal democracies. In this essay, I argue that Rawls’s political theory also can reconcile the inhabitants of liberal democratic societies to the fact that such societies may be cognitively confusing on account of their complexity. Then I contend that Rawls’s work offers valuable theoretical resources for analysing a society’s transparency or lack thereof. (shrink)

In the practice of jury nullification, a jury votes to acquit a defendant in disregard of the factual evidence, on the grounds that a conviction would result in injustice, either because the law itself is unjust or because its application in the particular case would be unjust. Though the practice is widely condemned by courts, the arguments against jury nullification are surprisingly weak. I argue that, pursuant to the general ethical duty to avoid causing unjust harms to others, jurors are (...) often morally obligated to disregard the law. (shrink)

Philosophy, despite its typical attitude of detachment and abstraction, has for most of its long history been engaged with the practical and mundane-seeming question of whether there is a duty to obey the law. As Matthew Kramer has recently summarized: “For centuries, political and legal theorists have pondered whether each person is under a general obligation of obedience to the legal norms of the society wherein he or she lives. The obligation at issue in those theorists' discussions is usually taken (...) to be prima-facie, comprehensively applicable, universally borne, and content-independent.” This essay is a commentary on the current state of discussion of this perennial philosophical topic. (shrink)

A body of work in ethics and epistemology has advanced a collectivist view of virtues. Collectivism holds that some social groups can be subjects in themselves which can possess attributes such as agency or responsibility. Collectivism about virtues holds that virtues are among those attributes. By focusing on two different accounts, I argue that the collectivist virtue project has limited prospects. On one such interpretation of institutional virtues, virtue-like features of the social collective are explained by particular group-oriented features of (...) individual role-bearers that are elicited by institutional structures or goals. On another account of groups as moral agents unbound by formal institutional constraints, to the extent that group characteristics meet the collectivist requirement, they fail to stand up as virtues in the substantive sense of a character trait. These two positions’ respective drawbacks and insights support a non-collectivist conclusion: Where there is a substantive virtue of some social group, it consists only in certain group-specific attitudes and motives of individuals qua members of that group. I end by outlining some risks in adopting collectivism about virtues as an explanatory or normative doctrine, and suggesting that we can abandon it without embracing an equally undesirable individualism in virtue theory. (shrink)

Social workers form part of many healthcare teams. This role can involve in-depth conversations with clients and home visits. These encounters can reveal sensitive information, not all of which may be accessible to other members of the healthcare team. Most modern healthcare systems employ shared care records, which are populated by, and accessible to, multiple members of the healthcare team. Shared care records are valued for their capacity to enhance inter-professional communication and improve patient care. But this very capacity may (...) increase an underlying tension between privacy and efficient, effective care. Ethical tensions can arise for health social workers between comprehensive documentation and protecting client privacy by limiting access to privileged information obtained in the context of a social work encounter. This qualitative empirical ethics study investigated health social workers' experiences of tensions between client privacy and maintaining complete records, and how they thought the tension should be resolved. Participant testimony informed a pragmatist approach to identify principles governing recording of sensitive information in shared care records. Three principles were identified: necessity, accuracy, and neutrality. Participants' reports of moral concerns about recording indicate that ethical tensions can occur. The identified principles offer a starting point for managing such tensions. (shrink)

Standard accounts of reciprocal citizenship hold that citizens have a duty to participate in politics. Against this, several business ethicists and philosophers have recently argued that people can satisfy their obligations of civic reciprocity non-politically, by owning, managing, or working in for-profit businesses. In this article, I reject both the standard and the market accounts of reciprocal citizenship. Against the market view, I show that the ordinary work of profit maximization cannot take the place of traditional political activity. Yet contra (...) the standard political account, I show that a special class of the actions we perform in our work as employers and employees in for-profit companies can fulfill our obligations of reciprocity. Business ethicists must therefore develop a more nuanced account of the relationship between for-profit business endeavors and the debts we owe fellow citizens who undertake burdensome political work to our benefit. (shrink)

European Journal of Philosophy, EarlyView.

Relationships between patients and psychiatrists are shaped by a complex array of factors. The clinical experience centers on diagnostic and treatment decisions occurring in the context of a structured relationship that is regulated by principles of professional ethics and personal boundaries. At the same, however, patients and psychiatrists are unique and autonomous agents with emotional responses to one another that may evoke a wish for a personal friendship or other sorts of personal relationships that are outside the bounds of the (...) usual professionally defined structures. Negotiating the tension between the need for professional regulation and the desire for developing a friendship with certain patients can present clinical and ethical challenges in psychiatric practice. Pragmatist reasoning can help the psychiatrist and patient to successfully negotiate the dilemma that may arise when either or both of them wishes to develop a personal friendship but still adhere to the ethical tenets of the patient/psychiatrist professional dyad. (shrink)

Given the crucial role unauthorized disclosures can play in uncovering grave government wrongdoing, it makes sense to search for a defense of justified cases of what I call “classified public whistleblowing.” The question that concerns me is what form such a defense should take. The main claim will be a negative one, namely, that a defense of whistleblowing cannot be based on individual rights, be they legal or moral, though this is indeed the most commonly proposed defense. In closing, I (...) will outline a more appealing alternative, namely, a justification defense. (shrink)