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 that Raz’s variant of MITL is better than Greenberg’s. It rests on a more plausible account of authority and it avoids one of the crucial defects threatening Greenberg’s view, namely, its overinclusiveness. (shrink)

Positivists and interpretivists (Dworkinians) might accept that conceptual facts about the law—facts about the content of the concept of law—can obtain in the absence of communities with law practices. But they would deny that legal facts can obtain in such communities’ absence. Under the moral impact theory, by contrast, legal facts can precede all communities with law practices. I identify a set of legal facts in private international law—the law of jurisdiction—that concerns when a community's law practices (...) can, and cannot, have the legal effects that the practices claim to have. This law is noncommunitarian, in the sense that it precedes the communities to which it applies. In this law's light, the legal effects of communities’ law practices are legally coordinated (or, at the very least, can be shown to legally conflict). Although interest in, and even commitment to, a noncommunitarian law of jurisdiction has receded among private international law theorists, I argue that some well-placed questions can elicit from all of us a commitment to this law. And this commitment is a reason to believe that the moral impact theory is correct. (shrink)

How do legal texts determine legal content? A standard answer to this question—sometimes called “the standard picture”—is that legal texts communicate something and what they communicate is identical to legal content. Mark Greenberg criticizes the standard picture and offers in its place his own “moral impact theory.” My goal here is to respond to Greenberg by showing how the standard picture better explains legal practice than the moral impact theory does. To that end, I (...) first clarify certain aspects of the moral impact theory. I then critique the theory, focusing on its inability to explain (i) why practitioners reason about legal content as they do and (ii) why they agree on legal content as often as they do. Finally, I refine the standard picture and demonstrate how it explains what the moral impact theory cannot. (shrink)

Ronald Dworkin’s philosophy of law, in its mature version, is grounded in at least two central claims: first, a thesis about law and morality, which we might call the One-System Thesis; second, a thesis about how moral and legal propositions can be said to be true or false, which we might call the Interpretive Thesis. While the One-System Thesis holds that law and morality form a single system, the Interpretive Thesis makes two distinct claims: first, truth of interpretive propositions—such (...) as moral and legal propositions—must be established from within the practice in which they figure; second, the soundness of an interpretive proposition is related to the purpose of the practice under consideration. Mark Greenberg’s Moral Impact Theory of Law accepts the One-System Thesis while rejecting the Interpretive Thesis. The Moral Impact Theory is a metaphysical theory of how moral facts rationally determine the content of the law. Its main contention is that the actions of legal institutions have an impact on the moral obligations people have in a polity, and the content of the law is made up of the moral obligations that result from the actions of such institutions. Greenberg assumes that moral facts pre-exist and have some metaphysical priority in relation to legal facts. Moral facts must be prior and independent from legal practice in order to play a part in the rational determination of the content of the law. The point of this paper is to offer a response to Greenberg. I argue that the One-System Thesis only should be supported if the Interpretive Thesis is correct, and that without the latter the former becomes an implausible version of natural law jurisprudence. (shrink)

Discussions of political issues may influence people's opinions. Is there any systematic difference in opinions between those who discuss frequently and those who do not? We measured the association between self-reported discussion frequency and the probability of holding the more liberal opinion on moral issues, using data from the General Social Survey and the American National Election Studies. This association looked different among liberals and among conservatives. Having more frequent discussions is associated with a higher probability of holding more (...) liberal opinions among liberals, while there is little association between discussion frequency and opinions among conservatives. These findings can be explained by the moral argument theory, which is an account of the long-term liberalization of public opinion on moral issues as an outcome of repeated discussions. The key assumption of this theory is that opinions that are justified by the kinds of arguments that only conservatives accept have a disadvantage compared to opinions that are justified by the kinds of arguments that everyone accepts. Consistent with this theory, we find that the effect of discussion frequency is stronger for moral opinions that have a bigger argument advantage. (shrink)

Margaret Gilbert’s work on sociality covers a wide range of topics, and as she puts it “addresses matters of great significance to several philosophical specialties – including ethics, epistemology, political philosophy, philosophy of science, and philosophy of law – and outside philosophy as well” (Gilbert 2013, p. 1). Herein I argue that Mark Greenberg’s recent call to eliminate the problem of legal normativity is well motivated. Further, I argue that Gilbert’s work on joint commitment, and more specifically obligations of joint (...) commitment, allows us to move beyond the problem of legal normativity while cashing out H.L.A. Hart’s thesis that moral and legal obligations are distinct. (shrink)

Ethical leadership research has primarily relied on social learning and social exchange theories. Although these theories have been generative, additional theoretical perspectives hold the potential to broaden scholars’ understanding of ethical leadership’s effects. In this paper, we examine moral typecasting theory and its unique implications for followers’ leader-directed citizenship behavior. Across two studies employing both survey-based and experimental methods, we offer support for three key predictions consistent with this theory. First, the effect of ethical leadership on leader-directed (...) citizenship behavior is curvilinear, with followers helping highly ethical and highly unethical leaders the least. Second, this effect only emerges in morally intense contexts. Third, this effect is mediated by the follower’s belief in the potential for prosocial impact. Our findings suggest that a follower’s belief that his or her leader is ethical has meaningful, often counterintuitive effects that are not predicted by dominant theories of ethical leadership. These results highlight the potential importance of moral typecasting theory to better understand the dynamics of ethical leadership. (shrink)

This essay examines how biocentric positions assess the aims and planned products of synthetic biology. In this emerging field, scientists and engineers aim at designing and producing new life forms by various procedures. In this paper I explore whether, for biocentrists, 1) synthetic organisms have moral standing and, 2) the process of synthesising living organisms has moral implications. Because naturalness plays a role in some biocentric theories, synthetic biology — at first sight — seems to challenge the idea (...) that all living organisms have moral standing. However, according to the interpretations that I offer, the biocentric positions discussed here would also assign moral standing to synthetic organisms. That living organisms have moral standing does not necessarily imply that it is morally problematic to synthesise them. However, different lines of biocentric argumentation suggest that in designing and synthesising living organisms, the moral standing of the product needs to be taken into account. This means among other things, that according to biocentrists, such procedures may lead to special responsibilities or require certain attitudes from scientists towards their products. (shrink)

Against Theory is unique in that it puts disparate thinkers from both the analytic and continental traditions into conversation on a central topic in moral philosophy. It also addresses the issue of the impact of postmodernism on ethics, unlike most of the literature on postmodernism which tends to deal with social and political issues rather than ethics. Dwight Furrow's Against Theory is a spirited assessment of two main alternatives to the theoretical approach. One approach, Furrow argues, (...) posits moral life has the form of a narrative and emphasizes the role of historical understanding or imaginative identification in recognizing moral obligation. The second postmodernist alternative, stresses that moral obligation is a feeling of being bound by a presence the source of which cannot be identified through reason or understanding. Furrow's position compellingly negotiates the tension between the living practice of ethics on the one hand, and normative ideals of equality and justice on the other. Furrow questions whether it is possible to resolve this seeming contradition. In doing so, he provides lucidly detailed examinations of such major thinkers as Bernard Williams, Alasdair MacIntyre, Martha Nussbaum, Richard Rorty, Emmanuel Levinas, and Jean-Francois Lyotard. Against Theory 's is a compelling examination of the continental and analytical philosophical ethical traditions. It is one od the few available books that thoroughly considers the impact of postmodernism on the subject and practice of ethics. (shrink)

The aims of this paper are to: (1) identify the best framework for comprehending multidimensional impact of deep brain stimulation on the self; (2) identify weaknesses of this framework; (3) propose refinements to it; (4) in pursuing (3), show why and how this framework should be extended with additional moral aspects and demonstrate their interrelations; (5) define how moral aspects relate to the framework; (6) show the potential consequences of including moral aspects on evaluating DBS’s (...) class='Hi'>impact on patients’ selves. Regarding (1), I argue that the pattern theory of self can be regarded as such a framework. In realizing (2) and (3), I indicate that most relevant issues concerning PTS that require resolutions are ontological issues, including the persistence question, the “specificity problem”, and finding lacking relevant aspects of the self. In realizing (4), I identify aspects of the self not included in PTS which are desperately needed to investigate the full range of potentially relevant DBS-induced changes—authenticity, autonomy, and responsibility, and conclude that how we define authenticity will have implications for our concept of autonomy, which in turn will determine how we think about responsibility. Concerning (5), I discuss a complex relation between moral aspects and PTS—on one hand, they serve as the lens through which a particular self-pattern can be evaluated; on the other, they are, themselves, products of dynamical interactions of various self-aspects. Finally, I discuss (6), demonstrating novel way of understanding the effects of DBS on patients’ selves. (shrink)

We first deal with a few preliminary matters and discuss what-if any-distinct impact belief in moral error theory should have on our moral practice. Second, we describe what is involved in giving an answer to our leading question and take notice of some factors that are relevant to what an adequate answer might look like. We also argue that the specific details of adequate answers to our leading question will depend largely on context. Third, we consider (...) three extant answers to our leading question: fictionalism, conservationism, and abolitionism. Of these three, conservationism seems most promising. However, conservationism leaves pertinent questions unanswered. In order to provide answers to these questions, and ultimately to provide an answer to our leading question, conservationism needs to be supplemented, yielding an account we call “negotiationism.” This final proposal is not neat and tidy, but it might work reasonably well in the moral environment in which error theorists are likely to find themselves. (shrink)

The revival of recognition theory has brought new energy to critical theory. In general terms, recognition theory aims to critically evaluate social structures against a standard of social freedom identified with norms of interaction which are freely recognized by all parties. Until now, attention has primarily focused on the categories and forms of recognition theory. However, the influence of contemporary French theory upon the development of theories of recognition has not yet received the consideration it (...) merits. The book takes up this task. With chapters by internationally recognized authors, the collection outlines the current state of recognition theory, studies the impact of French theory, and uses French thought to identity aspects of the recognitive process which are often overlooked. Exploring French accounts of agonistic identity construction, vulnerability, power, ethical obligation, and reflexive theory construction, this book supports the intentions of critical theory with heightened attentiveness to oppression in all of its forms. (shrink)

This anthology offers a unique collection of contributions focusing on the discussion about the so-called dual-process theories within the field of moral psychology. In general, dual-process theories state that in cognitive systems, two sorts of processes can be differentiated: an affective, associative process and an analytical, rule-based process. This distinction recently entered the debate on the relationship between intuitive and rational approaches to explaining the phenomenon of moral judgment. The increasing interest in these theories raises questions concerning their (...) general impact on social contexts. The anthology aims at presenting stepping-stones of an analysis of the merits and drawbacks of this development. For that purpose, the authors discuss general questions concerning the relationship between ethics and empirical sciences, methodological questions, reassessments of established terminology and societal implications of dual-process theories in moral psychology. (shrink)

Some of the most relevant problems today both in Science and practical problems involves Coupled Socio-ecological Systems, which are some of the best examples of Complex Systems. In this work we discuss groundwater-management as an example of these Coupled Socio-ecological System, also known as Coupled Human and Natural Systems. We argue that it is possible and even necessary to construct a contextual statistical theory of groundwater management. Contextuality implies some very different statistical features as entanglement and complementarity. We discuss (...) some interpretation about statistical entanglement and statistical complementarity in terms of groundwater flow theory and extraction equation. To this end, we propose a non-Kolmogorobian approach following the Växjö school of thought. One of the most straightforward conclusions is that in this way, a statistical-contextual treatment of groundwater management may not only give place to new flow equations, but it could have a profound impact in resource management. Then the new basic unity of analysis should be the indivisible pair. We should not talk any more about aquifer dynamics or resource management plans by themselves. Physical and social systems are coupled in a statistical-contextual fundamental way, and a socio-hydrogeological theory should be developed. (shrink)

Recent work in social psychology suggests that people harbor “implicit race biases,” biases which can be unconscious or uncontrollable. Because awareness and control have traditionally been deemed necessary for the ascription of moral responsibility, implicit biases present a unique challenge: do we pardon discrimination based on implicit biases because of its unintentional nature, or do we punish discrimination regardless of how it comes about? The present experiments investigated the impact such theories have upon moral judgments about racial (...) discrimination. The results show that different theories differ in their impact on moral judgments: when implicit biases are defined as unconscious, people hold the biased agent less morally responsible than when these biases are defined as automatic (i.e., difficult to control), or when no theory of implicit bias is provided. (shrink)

Studying the neural correlates of conscious awareness depends on a reliable comparison between activations associated with awareness and unawareness. One particularly difficult confound to remove is task performance capacity, i.e. the difference in performance between the conditions of interest. While ideally task performance capacity should be matched across different conditions, this is difficult to achieve experimentally. However, differences in performance could theoretically be corrected for mathematically. One such proposal is found in a recent paper by Lamy, Salti and Bar-Haim [Lamy (...) D, Salti M, Bar-Haim Y. Neural correlates of subjective awareness and unconscious processing: an ERP study. J Cognitive Neurosci 2009,21:1435-46], who put forward a corrective method for an electroencephalography experiment. We argue that their analysis is essentially grounded in a version of High Threshold Theory, which has been shown to be inferior in general to Signal Detection Theory. We show through a series of computer simulations that their correction method only partially removes the influence of perfor- mance capacity, which can yield misleading results. We present a mathematical correction method based on Signal Detection Theory that is theoretically capable of removing performance capacity confounds. We discuss the limitations of mathemati- cally correcting for performance capacity confounds in imaging studies and its impact for theories about consciousness. (shrink)

School failure is an educational problem that affects academic performance and the trajectory of students, impacts their self-esteem, and contributes to social inequality. This phenomenon, which indicates low educational quality, is linked to a lack of motivation, poor performance, and a scarcity of resources. A critical approach proposes analyzing the institutional structures that perpetuate this situation, fostering dialogue among educational actors to find effective solutions. At the ISENCO high school in Tecomán, efforts are being made to identify internal and external (...) causes, proposing alternatives such as improving reading comprehension, implementing tutoring, and strengthening educational infrastructure. Additionally, it is crucial to develop critical thinking and ethical skills in students, as well as to encourage community participation in the school. This partial report presents advancements and results obtained, using a mixed approach for in-depth analysis that leads to solutions that prevent school dropout and failure. (shrink)

The present study aimed to examine how to improve the effectiveness of moral exemplar-applied interventions based on the pillars of the Self-Determination Theory (SDT) framework, autonomy, competence, and relatedness. Past research has mainly focused on the relatedness and attainability of moral exemplars for predicting motivation outcomes. The data for this study consisted of synthesized data sets from previous studies examining the motivational impacts of distinct moral exemplars and intervention methods. The main syntheses for these data sets (...) used Multilevel Modeling (MLM) focusing on relatability, attainability, and intervention methods, corresponding to relatedness, competence, and autonomy in the SDT, respectively, as predictors. In general, there was a significant interaction effect between the attainability or relatability, and the intervention method. Autonomous instruction methods, which support autonomy, were demonstrated to boost motivational outcomes. Implications from this study support the employment of SDT to examine the use of moral exemplars in moral education and were consistent with previous exemplar studies. (shrink)

An important and supposedly impactful form of clinical ethics support is moral case deliberation. Empirical evidence, however, is limited with regard to its actual impact. With this literature review, we aim to investigate the empirical evidence of MCD, thereby a) informing the practice, and b) providing a focus for further research on and development of MCD in healthcare settings. A systematic literature search was conducted in the electronic databases PubMed, CINAHL and Web of Science. Both the data collection (...) and the qualitative data analysis followed a stepwise approach, including continuous peer review and careful documentation of our decisions. The qualitative analysis was supported by ATLAS.ti. Based on a qualitative analysis of 25 empirical papers, we identified four clusters of themes: 1) facilitators and barriers in the preparation and context of MCD, i.e., a safe and open atmosphere created by a facilitator, a concrete case, commitment of participants, a focus on the moral dimension, and a supportive organization; 2) changes that are brought about on a personal and inter-professional level, with regard to professional’s feelings of relief, relatedness and confidence; understanding of the perspectives of colleagues, one’s own perspective and the moral issue at stake; and awareness of the moral dimension of one’s work and awareness of the importance of reflection; 3) changes that are brought about in caring for patients and families; and 4) changes that are brought about on an organizational level. This review shows that MCD brings about changes in practice, mostly for the professional in inter-professional interactions. Most reported changes are considered positive, although challenges, frustrations and absence of change were also reported. Empirical evidence of a concrete impact on the quality of patient care is limited and is mostly based on self-reports. With patient-focused and methodologically sound qualitative research, the practice and the value of MCD in healthcare settings can be better understood, thus making a stronger case for this kind of ethics support. (shrink)

Mark Greenberg has made a transcendental attack on a metaphysical position that some notable legal positivists have held -- namely, that law is ultimately grounded in social facts. He has also pressed legal positivism at a point of perceived vulnerability – the failure of such positivists to develop and defend a compelling theory of legal content. Moreover, in his Moral Impact Theory of law, he preserves a necessary connection between legal obligations and good reasons for action (...) that is absent in legal positivism. One of his arguments against legal positivism relies heavily on what he calls "the bindingness hypothesis"—namely, the claim that it is part of the “nature of law” that it is “supposed to operate” so as to “arrange matters” to “reliably ensure” that its legal obligations are genuinely, all-things-considered, binding. I argue that Greenberg’s defense of the bindingness hypothesis fails, and with it, one of his defenses of his Moral Impact Theory of Law. I attack two other defenses: the assertion that the Moral Impact Theory makes it easy to account for our concern with law, with the implication that legal positivism cannot so easily account for that concern; and the claim that his Moral Impact Theory fits appellate practice better than some views. I show that these the arguments for the Moral Impact Theory are inadequate. In response to Greenberg’s further argument that the Moral Impact Theory rescues the idea of legal obligation as genuine obligation, I argue that the Moral Impact Theory does so at a very steep price – one that is not worth paying. (shrink)

Background Nurses providing care to patients with end-of-life or terminal illnesses often encounter ethically challenging situations leading to moral distress. However, existing quantitative studies have examined moral distress using instruments that address general clinical situations rather than those specific to end-of-life care. Furthermore, qualitative studies have often been limited to participants from a single unit or those experiencing moral distress-induced circumstances. A comprehensive and integrated understanding of the overarching process of moral distress is vital to discern (...) the unique circumstances surrounding end-of-life care and its consequential impacts. Research objectives To explore the moral distress experiences of nurses who are frequently involved in caring for patients with end-of-life or terminal illnesses and apply it to two existing theories: the model of moral distress and the ecological model. Research design A qualitative descriptive approach was employed. Participants and research context Seven focus group interviews involving 30 nurses were performed. The subsequent transcriptions underwent rigorous content analysis. Ethical considerations We obtained Institutional Review Board approval from a university. Focus group interviews were conducted with nurses who agreed to participate and signed the consent form. Findings The moral distress-inducing factors and nurses’ perceived impact of moral distress were identified and categorized based on moral distress theories and ecological models. A total of 15 categories and 30 subcategories across the following 4 domains were derived: (1) intrapersonal, (2) interpersonal, (3) organizational, and (4) structural factors. Conclusions End-of-life-specific circumstances induced moral distress among nurses, with both negative and positive impacts identified. Effective organizational and policy support is essential to manage conflicts, form a healthy organizational culture, provide training, and prevent unnecessary expenses due to the negative consequences of moral distress. (shrink)

This study uses theories of moral reasoning and moral competence to investigate how university codes of ethics, perceptions of ethical culture, academic pressure from significant others, and ethics pedagogy are related to the moral development of students. Results suggest that ethical codes and student perceptions of such codes affect their perceptions of the ethical nature of the cultures within these institutions. In addition, faculty and student discussion of ethics in business courses is significantly and positively related to (...) moral competence among students. Our results point to the need to further examine the connections among academic institutional structures, ethics pedagogy, and students’ moral development. (shrink)

Difficult moral issues in economic life, such as evaluating the impact of hostile takeovers and plant relocations or determining the obligations of business to the environment, constitute the raison d'etre of business ethics. Yet, while the ultimate resolution of such issues clearly requires detailed, normative analysis, a shortcoming of business ethics is that to date it has failed to develop an adequate normative theory.1 The failing is especially acute when it results in an inability to provide a (...) basis for fine-grained analyses of issues. Both general moral theories and stakeholder theory seem incapable of expressing the moral complexity necessary to provide practical normative guidance for many business ethics contexts. (shrink)

Although work tasks often address substantive social issues, the effects of issue characteristics on task motivation are little understood. This study explores this topic by examining how the moral characteristics of an issue (moral intensity) affect motivation in tasks intended to address the issue (task motivation). Adopting the lens of work design theory, I hypothesize that moral intensity increases task motivation through the mediation of perceived task impacts on the community (perceived community impacts), and that this (...) effect will occur after controlling for the effects of perceived task impact on the worker and their organization. In two studies in the context of volunteering I find that, rather than acting in parallel with other task impacts, the effect of moral intensity through perceived community impacts is fully mediated by perceived organization and self impacts in a three-stage mediation. These findings demonstrate the potential relevance of issue characteristics such as moral intensity to work design theory and shed new light on the psychological mechanisms through which perceived prosocial impacts promote task motivation. I discuss implications for research and practice. (shrink)

This paper considers the UN efforts to introduce a legally binding Treaty on corporate accountability for human rights impacts in the context of other proposed legislation at country level, on the one hand, and existing voluntary initiatives like the UN Guiding Principles (2011), on the other. What we are interested in is whether the proposed Treaty signals a transition from voluntary initiatives (based on moral commitments) to law (that is, a focus on compliance), and the extent to which it (...) might stimulate or hinder links between judicial and non-judicial initiatives. The scholars who have explicitly addressed these two divides are – Michael Sandel, on theory v. practice; and Amartya Sen, on law v. morality. We engage with their views, in sections II and III respectively, seeking to build an integrated approach to help us overcome these dualisms. We further consider John Ruggie’s “principled pragmatism”, a strategy that he uses to build the Protect, Respect and Remedy (henceforth, PRR) Framework; and we invoke arguments from casuistry as well as a practice-focused deontology (Thomas Donaldson’s) in favour of an ethics ‘beyond cognition’, which we consider better suited than either utilitarian or principle-based theories to guide the debate on human rights. This is because it allows us to take non-rational factors into account (such as emotions and personal affiliations), when judging the kind of common good we consider worth pursuing. In the last section of the paper, we investigate whether and how might the Treaty illustrate the two divides, trying to (a) distinguish between purely legal elements and those of a wider nature, to do with morality; and (b) understand what might help bridge the gap between theoretical commitments to the universality of human rights and various practical challenges. Our aim is not to evaluate the Treaty, from a legal viewpoint, or suggest improvements to it (lawyers are better placed to do that); rather, we seek to investigate the way in which the proposed Treaty – which is the first attempt to address the challenge of transnational business and human rights in international law – combines moral and legal aspects, and what this tells us about the world we live in. (shrink)

Next SectionCultural differences in end-of-life care and the moral disagreements these sometimes give rise to have been well documented. Even so, cultural considerations relevant to end-of-life care remain poorly understood, poorly guided, and poorly resourced in health care domains. Although there has been a strong emphasis in recent years on making policy commitments to patient-centred care and respecting patient choices, persons whose minority cultural worldviews do not fit with the worldviews supported by the conventional principles of western bioethics face (...) a perpetual struggle in getting their care needs met in a meaningful, safe, and healing way. In this essay, attention is given to exploring why cultural differences exist, why they matter, and how health care providers should treat them in order to reduce the incidence and impact of otherwise preventable harmful moral outcomes in end-of-life care. In addressing these questions, a novel application of the renowned terror management theory will be made. (shrink)

This study examined experimentally the effect of retaliation strength and accounting students’ level of moral reasoning, on their propensity to blow the whistle (PBW) when faced with a serious wrongdoing. Fifty-one senior accounting students enrolled in an auditing course offered by a large New Zealand university participated in the study. Participants responded to three hypothetical whistle-blowing scenarios and completed an instrument that measured moral reasoning (Welton et al., 1994, Accounting Education . International Journal (Toronto, Ont.) 3 (1), 35–50) (...) on one of two conditions – i.e., strong or weak retaliation for whistle-blowing. Consistent with the results of Arnold and Ponemon (1991, Auditing: A Journal of Practice and Theory 10 , 1–15) this study found that the strength of retaliation and participants’ moral reasoning level positively affected their PBW. Unlike results reported in Arnold and Ponemon (1991, Auditing; A Journal of Practice and Theory 10 , 1–15) a significant interaction effect of moral reasoning level and retaliation on participants’ PBW was not found. However, results showed that a participant’s gender has a significant effect on the relationship between his or her moral reasoning level and PBW. These results support the need to improve ethical awareness through accounting education and to increase protection for whistle-blowing (Miceli 2004, Journal of Management Inquiry 13 , 364–366). Furthermore, many participants found it difficult to take a stand when serious wrongdoing is discovered. Therefore, policymakers must exercise caution when placing heavy reliance on whistle-blowing, especially when whistle-blower protection processes are complex and not easily accessible, and processes to facilitate whistle-blowing may vary substantially between public and private sector organizations (Scholtens, 2003, Review of the operation of the Protected Disclosures Act 2000: Report to the Minister of State Services ). (shrink)

This study investigated the impact of supervisors’ servant leadership on supervisees’ moral identity and subsequent in-role performance. Data from 226 supervisor–supervisee dyads were collected from several domestic and multinational companies operating in the Kingdom of Saudi Arabia. Confirmatory factor analysis was conducted to confirm the factorial validity of the measures that were employed in this study. The hypothesized moderated mediation model was tested using hierarchical multiple regression analysis. Based on social learning theory, the results showed that supervisees’ (...) moral identity served as the psychological mediating mechanism through which supervisors’ servant leadership led to supervisees’ increased in-role performance. Furthermore, the results also supported supervisees’ avoidance orientation as the dispositional boundary condition of this mediating effect. This study contributes to both the servant leadership and moral identity literatures by addressing questions with useful theoretical and managerial implications. (shrink)

My aim in this paper is to provide clarification of my view on ethical criticism of narrative art in order to respond to some of the concerns issued at it by Rafe McGregor. While McGregor and I share numerous assumptions regarding the cognitive and ethical value of art, we disagree with respect to certain practical concerns. To address his challenge, I argue for the necessity of joining philosophical research with research in other domains, primarily in cognitive sciences, in order to (...) determine the extent to which engagements with art can have positive or negative cognitive and moral impact on the spectators. I am particularly concerned with showing that philosophy needs support from other disciplines in order to ground its claims in scientifically supported theories and to avoid self-generating theoretical disagreements that are populating its debates. However, I also offer an array of reasons for the inclusion of philosophy into other disciplines, and I urge for the recognition of philosophy’s potential to respond to publically relevant issues. (shrink)

Recent publications on digital health technologies highlight the importance of ‘responsible’ use. References to the concept of responsibility are, however, frequently made without providing clear definitions of responsibility, thus leaving room for ambiguities. Addressing these uncertainties is critical since they might lead to misunderstandings, impacting the quality and safety of healthcare delivery. Therefore, this study investigates how responsibility is interpreted in the context of using digital health technologies, including artificial intelligence (AI), telemonitoring, wearables and mobile apps. We conducted a scoping (...) review with a systematic search in PubMed, Web of Science, Embase, CINAHL and Philosopher’s Index. A total of 34 articles were included and categorized using a theoretical framework of responsibility aspects, and revealed two main findings. First, we found that digital health technologies can expand and shift existing ‘role responsibilities’ among caregivers, patients and technology. Second, moral responsibility is often equated with liability or accountability, without clear justification. Articles describe new ways in which physicians can be held accountable, particularly in the context of AI, and discuss the emergence of a ‘responsibility gap’ where no-one can be fully responsible for AI-generated outcomes. The literature also shows that m-Health technologies can increase patients’ accountability for their own health. However, there was limited discussion in the reviewed literature on whether these attributions of accountability are appropriate. We conclude with implications for practice and suggestions for expanding the theoretical framework of moral responsibility, recommending further study on responsibility of collectives and artificial entities, and on the role of virtue in digital health. (shrink)

Moral issues have been included in the studies of consumer misbehavior research, but little is known about the joint moderating effect of moral intensity and moral judgment on the consumer’s use intention of pirated software. This study aims to understand the consumer’s use intention of pirated software in Taiwan based on the theory of planned behavior (TPB) proposed by Ajzen (Organizational Behavior and Human Decision Processes, 50, 179, 1991). In addition, moral intensity and moral (...) judgment are adopted as a joint moderator to examine their combined influence on the proposed research framework. The results obtained from this Taiwan case reveal that the antecedent constructs proposed in the TPB model–an individual’s attitude and subjective norms toward using pirated software, and perceived behavioral control to use pirated software–indeed have positive impacts on the consumer’s use intention of pirated software. In addition, the joint moderating effect of moral intensity and moral judgment is manifested in the consumer’s use intention of pirated software. The results of this study not only could substantiate the results of consumer misbehavior research, but also could provide some managerial suggestions for Taiwanese government authorities concerned and the related software industries devoted to fighting pirated software. (shrink)

Moral injury is a significant issue for healthcare workers, often stemming from exposure to ethical dilemmas and distressing events. This study aims to explore the relationship between moral injury and healthcare workers’ career calling, using the job demands-resources model as a theoretical framework. The goal is to understand how moral injury affects healthcare workers’ sense of purpose and vocation and identify factors that may mitigate this impact. A cross-sectional survey was conducted with a sample of 506 (...) Chinese healthcare workers. The study used self-report questionnaires to assess moral injury, authentic self-expression, self-compassion, ethical leadership, and career calling. Path analysis was used to test the proposed mediating and moderating relationships within the job demands-resources model. Moral injury has a negative effect on healthcare workers’ career calling. This effect is mediated by authentic self-expression – the inability to openly discuss moral distress weakens the sense of purpose. Self-compassion and ethical leadership buffer against the negative impact of moral injury on career calling. This research contributes to the understanding of moral injury and career calling in healthcare workers, with practical implications for safeguarding healthcare professionals’ well-being and commitment to their vocation. (shrink)

The idea that some things are fine in theory, but do not work in practice, was already an “old saying” when Kant wrote about it in 1793. Kant, who was annoyed that a man named Garve had criticized his ethical theory on this ground, responded by pointing out that there is always a gap between theory and practice. Theory provides general rules but it cannot tell us how to apply them--for that, practical judgment is needed. “[T]he (...) general rule,” said Kant, “must be supplemented by an act of judgement whereby the practitioner distinguishes instances where the rule applies from those where it does not.” This means that those who lack judgment might be helpless, even though they know a lot of theory. “There are doctors and lawyers,” Kant explains, “who did well during their schooling but who do not know how to act when asked to give advice.” The point is especially important for the kind of absolutist ethic that Kant defends. Kant held that moral rules have no exceptions; on his way of thinking, we may never lie, we may never break a promise, and so on. This is a clear example of an ethic that seems not to work in practice, for sensible people recognize that in extreme circumstances even very serious rules may have to be broken. But the “gap” that Kant identifies has often been exploited to soften the impact of such harsh precepts. Traditional Christian ethics, for example, says (like Kant) that suicide is always wrong; but because judgment is required to determine which acts count as suicide, casuists have been able to excuse various sorts of self-destruction (and, not coincidentally, avoid consigning the deceased to hellfire) by classifying them as something else. Thus the hero who sacrifices herself to save others is not a suicide, nor is the man who kills himself while blind with grief, as he lacks the required rational intention. It might be thought that such gaps could be closed by adding further principles to the theory--for example, principles that specify more closely what counts as suicide.... (shrink)

In this short response to Peter Clarke's thorough and interesting tracing of the developments in Richard McCormick's approach to moral questions, I take a perspective external to the concerns of Clarke's paper. I propose to look at the developments in McCormick's approach not so much from the perspective of contemporary Catholic moral theology but from that of the impact on the practices and beliefs of the Catholic community. From that perspective, the really important events in McCormick's theological (...) development are his rejection of the received teaching on contraception and his closely connected embracing of a moral theory that implies that there are no moral absolutes, namely, proportionalism. (shrink)

In various works, Mark Greenberg has positioned himself as an important critic of legal positivism. He has made a transcendental attack on a metaphysical position that some notable legal positivists have held -- namely, that law is ultimately grounded in social facts. He has pressed legal positivism at a point of perceived vulnerability – the failure of such positivists to develop and defend a compelling theory of legal content. Moreover, in his Moral Impact Theory of law, (...) he preserves a necessary connection between legal obligations and good reasons for action that is absent in legal positivism. This last point may seem particularly attractive, even to those with positivist sympathies. One of his arguments against legal positivism relies heavily on what he calls "the bindingness hypothesis"—namely, the claim that it is part of the “nature of law” that it is “supposed to operate” so as to “arrange matters” to “reliably ensure” that its legal obligations are genuinely, all-things-considered, binding. I argue that Greenberg’s defense of the bindingness hypothesis fails. I attack two other defenses he raises for the Moral Impact theory: the assertion that the Moral Impact Theory makes it easy to account for our concern with law, with the implication that legal positivism cannot so easily account for that concern; and the claim that his Moral Impact Theory fits appellate practice better than some views. I show that these the arguments for the Moral Impact Theory are inadequate. In response to Greenberg’s further argument that the Moral Impact Theory rescues the idea of legal obligation as genuine obligation, I argue that the Moral Impact Theory does so at a very steep price – one that is not worth paying. (shrink)

Conservatives and liberals disagree sharply on matters of morality and public policy. We propose a novel account of the psychological basis of these differences. Specifically, we find that conservatives tend to emphasize the intrinsic value of actions during moral judgment, in part by mentally simulating themselves performing those actions, while liberals instead emphasize the value of the expected outcomes of the action. We then demonstrate that a structural emphasis on actions is linked to the condemnation of victimless crimes, a (...) distinctive feature of conservative morality. Next, we find that the conservative and liberal structural approaches to moral judgment are associated with their corresponding patterns of reliance on distinct moral foundations. In addition, the structural approach uniquely predicts that conservatives will be more opposed to harm in circumstances like the well-known trolley problem, a result which we replicate. Finally, we show that the structural approaches of conservatives and liberals are partly linked to underlying cognitive styles. Collectively, these findings forge a link between two important yet previously independent lines of research in political psychology: cognitive style and moral foundations theory. (shrink)

Given the importance of work engagement for organizations and the almost unified and steadfast understanding of its benefits, it is imperative to investigate the potential downside of work engagement to prevent unexpected damage. However, there has been relatively little research on its negative impacts. Drawing on the moral licensing theory, this study identifies the potential negative effects of work engagement by exploring the mediating role of psychological entitlement. An online experiment and a survey are conducted to test the (...) theoretical model. The results reveal that work engagement leads to deviant workplace behavior through psychological entitlement only in cases where there is a higher level of relationship conflict with supervisors. The conclusions of this study shed light on how work engagement negatively affects organizations. The current study also contributes to practice by suggesting that supervisors should be aware of employees with a higher level of work engagement and communicate with them in a reasonable manner. (shrink)

The purpose of this research is to examine the impact of individual and firm moral philosophies on marketing exchange relationships. Personal moral philosophies range from the extreme forms of true altruists and true egoists, along with three hybrids that represent middle ground. Organizational postures are defined as Ethical Paradigm, Unethical Paradigm, and Neutral Paradigm, which result in changes to personal moral philosophies and company and industry performance. The study context is a simulation of an exchange environment (...) using a variation of the prisoners' dilemma game. A literature review is provided in the opening section, followed by details on the simulation, discussion of the results, and the implications for theory and practice. (shrink)

Background: Recently, a singular survey titled “Measure of Moral Distress—Healthcare Professionals,” which addresses shortcomings of previous instruments, has been validated. Aim: To determine how moral distress affects nurses and physicians differently across the various wards of a community hospital. Participant and research context: We distributed a self-administered, validated survey titled “Measure of Moral Distress—Healthcare Professionals” to all nurses and physicians in the medical/surgical ward, telemetry ward, intensive care units, and emergency rooms of a community hospital. Findings: A (...) total of 101 surveys were included in the study. The mean Measure of Moral Distress—Healthcare Professionals score for all respondents was 143.0 (standard deviation = 79.8). The mean Measure of Moral Distress—Healthcare Professionals score was 1.75 greater for nurses than for physicians (92.5 vs 161.5, p <.001), and nurses were 2.52 times more likely to consider leaving their position due to moral distress (68% vs 27%). The mean Measure of Moral Distress—Healthcare Professionals score for moral distress was least prevalent in the medical/surgical ward (92.5, SD = 38.2) and highest in the telemetry ward (197.7, SD = 83.6). The intensive care unit ward had a mean Measure of Moral Distress—Healthcare Professionals score mildly greater than the emergency room. Ethical considerations: No participant identifying information or information connecting a survey response to an individual was collected. This study was approved by the Raritan Bay Medical Center’s Institutional Review Board. Discussion: This study provides insight into the level of moral distress in the community hospital setting. Telemetry nurses experience significantly more than nurses in other wards. Telemetry nurses typically manage patients sicker than medical/surgical wards, however do not have the resources of the critical care units. This scenario presents challenges for telemetry nurses and may explain their elevated moral distress. Conclusion: In community hospitals, telemetry nurses experience a considerably greater amount of moral distress compared to their colleagues in other wards. As measured by the Measure of Moral Distress—Healthcare Professionals questionnaire, moral distress continues to be higher among nurses compared to physicians. (shrink)

In this paper I argue that the dominance of certain paradigms and theories on policies can have an influence on the value added by impact assessments. A link exists between paradigms and theories and policies and consequently the practices humans develop to tackle real world problems. I also argue that different types of thinking (contained in paradigms and theories) need to be integrated, at least at the scientific level, to enhance our understanding of social phenomena. This in turn can (...) have a positive influence on policy processes that follow impact assessment recommendations. I am not arguing for the adoption of theoretical positions by practitioners, Instead, I contend that if impact assessments are informed by a variety of paradigms and theories, the policy practitioner might have a better understanding of the issue and the moral choices he or she needs to make. I will highlight the connection between theory and policies with practical examples from the social impact assessment of the De Hoop Dam, which was constructed on the Steelpoort River. I also argue for an integration of different theories to give a deeper understanding of real world problems. (shrink)

The ethical criticism of art has recently begun to address the subject of immoral artists, with two questions seeming to dominate discussion. How does moral misconduct on the part of artists affect their work’s aesthetic value? How should the art world respond to cases of artists who have been accused of morally outrageous behaviour? Such value and policy debates are important, but they leave aside a pressing question towards which this article proposes a reorientation: What is the possible (...) class='Hi'>impact of an artist’s moral ill repute on how we understand the meaning of their work? I argue in this paper that an artist’s bad moral reputation can lead (i) to participatory resistance to an art work, as viewers abstain from a response to the work’s illocutionary force, (ii) to the isolation of the work from the ‘quality context’ that normally allows propositions expressed by the work to be taken as sincere, (iii) to the reinterpretation of the work’s propositional content against the background of new knowledge about the author, and (iv) to the perception of the work as a lie. To illustrate, I look at works by Chuck Close and Jan Fabre, contemporary artists whose reputation has been affected by a scandal. (shrink)

We start from, and expand on, a basic insight in negative dialectic, namely, that our main concern should be with the absolute worst in political life. We then consider how this might have an impact on the way we understand the role and grounds of moral equality. Subsequently, we move on to explain the importance of decency in political morality. Finally, we take a closer look to basic data about global poverty and inequality and what these might tell (...) us in light of our analysis of the foundations of moral equality and its relationship to social cruelty. (shrink)

As moral decision making in financial markets incorporates moral considerations into investment decisions, some rational decision theorists argue that moral considerations would introduce inefficiency to investment decisions. However, market demand for socially responsible investment is increasing, suggesting that investment decisions are influenced by both financial and moral considerations. Several models can be applied to explain moral behavior. We test the suitability of (a) multiple attribute utility theory (MAUT), (b) theory of planned behavior, and (...) (c) issue-contingent model of ethical decision making in organizations. In an experimental setting, 141 participants traded company shares in a computerized asset market. Over 12 periods, companies varied in morality (i.e., treatment of employees) and in profitability (i.e., expected dividends per share). Participants’ bids and asks for shares were recorded. Results indicate that moral considerations influence investment decisions, controlling for profit. Differences between the three models are discussed. (shrink)

Nothing was more important to Tolstoy than character development. For him, the purpose of life is to grow morally. The purpose of literature — as all art — is to aid that growth. Abstract philosophy and pedantic scholarship are therefore redundant. Indeed, even the psychological novel is a distraction. Moral truths are self-evident. They are always simple. They are expressed by the humble. They are known by the meek. To become good, all we need to do is peel back (...) the layers of hypocrisy and deceit that have overwrought us. Moral truths are known all over the world, but they are forgotten or covered up. There is nothing like a folktale, a pithy aphorism, or the words of a farm laborer or child to point this out. We may be surprised by what we already know and how deceived we were. All Tolstoy's varied endeavors, his literature, pedagogic theory and philosophy, center on moral conversion and its only legitimate motivation: love. Tolstoy's affront on modern civilization, documented vehemently in his later works sought to teach this lesson. This was a view of character development that had wide ranging impact all over the world, influencing many of the most famous thinkers, educators, and activists of the twentieth century. Tolstoy's stories continue to enthrall and inspire moral transformation. In this article Daniel Moulin explains why. (shrink)

Behind the frequent occurrence of business scandals, it is often the silence and connivance of organizational immorality. Moral voice, a kind of employee active moral behavior, inhibits and prevents the organizational unethical phenomenon. Some researchers have sought to explore how to arouse employee moral voice. However, the limited studies mainly investigated the antecedents of leadership styles, ignoring the impact of the organizational factor on moral voice. Based on the self-determination theory, the current study constructs (...) a theoretical model about how socially responsible human resource management (SRHRM) affects employee moral voice via autonomous motivation and controlled motivation and further considering the moderating role of person–organization value fit. From a two-stage research method and the analysis of 260 valid data, we found that SRHRM promoted employee moral voice and this positive linkage was mediated by autonomous motivation but not by controlled motivation. Besides, the findings also revealed that person–organization fit moderated the indirect influences of SRHRM on moral voice via autonomous motivation, such that the indirect influence was stronger for a high level of person–organization value fit than the low level of person–organization value fit. Some theoretical and practical implications also be discussed. (shrink)

New forms of information technology, such as email, webpages and groupware, are being rapidly adopted. Intended to improve efficiency and effectiveness, these technologies also have the potential to radically alter the way people communicate in organizations. The effects can be positive or negative. This paper explores how technology can encourage or discourage moral dialogue -- communication that is open, honest, and respectful of participants. It develops a framework that integrates formal properties of ideal moral discourse, based on Habermas' (...) theory of communicative action, with properties of informal communication that help sustain good moral conversations. Ten criteria distilled from these works form the basis of a template that can be used for assessing the positive and negative impacts of emerging information technologies on moral dialogue. (shrink)

This book assesses the impact of the work of Chris Brown in the field of International Political Theory. The volume engages with general issues of IPT as well as basic issues such as the use and role of practical reasoning and presents a nuanced understanding about issues regarding the legitimacy of war and violence. It explores questions that pertain to human rights, morality, and ethics, and generally an outlook for devising a ‘better’ world. The project is ideal for (...) audiences with interest in International Relations, Ethics and Morality Studies and International Political Theory. (shrink)

Food policy increasingly attempts to accommodate a wider and more diverse range of stakeholder interests. However, the emerging influence of different communities and networks of actors with localized concerns and interests around how food should be produced and traded, can challenge attempts to achieving more open, sustainable and globally-integrated food chains. This article analyses how cultural factors internal to a developed country can disrupt the export of food to a developing country. A framing analysis is applied to examine how activists (...) using social media to interact with the traditional news media in Australia were able to inflame public opinion and provoke outrage to disrupt the policy agenda. The paper contains a case study analysis of the media controversy in 2011 around the slaughter of beef cattle in Indonesian abattoirs and the subsequent banning of live cattle exports to Indonesia by Australia. The analysis draws on the theory of binary cultural oppositions to examine how practices in relation to the slaughter of beef cattle in Indonesia were reframed, through extensive media coverage of moral outrage into a critique of the values and cultural practices of Indonesian society. (shrink)