Some care home residents with dementia have the capacity, some do not. Staff may need to make decisions about administering care interventions to someone whom they believe lacks the capacity to consent to it, but also resists the intervention. Such intervention can be termed forced care. The literature on forced care (especially reflecting empirical work) is scant. This study aims to investigate how the ethics of forced care is navigated in practice, through ten semi-structured interviews with staff in 1 (...) care home in the North East of England. Participants generally avoided situations where there was overt restraint, taking a flexible approach by either modifying their own behaviour or using covert techniques. The underlying justification given for decisions or actions tended to be that the recipients of care should be valued because of their intrinsic worth as fellow human beings. Participants attempted to put themselves in the position of the resident or think about what a beloved elderly relative would want. The intervention seemed acceptable to staff if the resident was not distressed. When staff were presented with scenario-based questions around capacity they were more successful than when asked direct questions relating to the Mental Capacity Act. Scenario-based training may be helpful to reinforce familiarity and facility with the principles of the Mental Capacity Act. (shrink)

In opposition to the absolutist ethics of non-violence, the author argues that in response to aggression and violence one has to use every means possible to prevent them. To resist violence is a moral duty of the individual. It would be desirable for violence to be prevented by strength of mind, but if strength of mind is not enough or the aggressor is insensitive to intellectual, spiritual and psychological impacts, one has to employ by accretion all necessary means. (...) class='Hi'>Ethics is called upon to set limits to the employment of the means of countering violence. (shrink)

This book provides a thorough critical overview of the current debate on the ethics of war, as well as a modern just war theory that can give practical action-guidance by recognizing and explaining the moral force of widely accepted law. Traditionalist, Walzerian, and "revisionist" approaches have dominated contemporary debates about the classical jus ad bellum and jus in bello requirements in just war theory. In this book, Uwe Steinhoff corrects widely spread misinterpretations of these competing views and spells (...) out the implications for the ethics of war. His approach is unique in that it complements the usual analysis in terms of self-defense with an emphasis on the importance of other justifications that are often lumped together under the heading of "lesser evil." It also draws on criminal law and legal scholarship, which has been largely ignored by just war theorists. Ultimately, Steinhoff rejects arguments in favor of "moral fundamentalism"-- the view that the laws and customs of war must simply follow an immutable morality. In contrast, he argues that widely accepted laws and conventions of war are partly constitutive of the moral rules that apply in a conflict. The Ethics of War and the Force of Law will be of interest to scholars and advanced students working in just war theory, applied ethics, political philosophy, political theory, philosophy of law, and criminal and military law. (shrink)

This book is a philosophical analysis of the ethical treatment of refugees and stateless people, a group of people who, though extremely important politically, have been greatly under theorized philosophically. The limited philosophical discussion of refugees by philosophers focuses narrowly on the question of whether or not we, as members of Western states, have moral obligations to admit refugees into our countries. This book reframes this debate and shows why it is important to think ethically about people who will never (...) be resettled and who live for prolonged periods outside of all political communities. Parekh shows why philosophers ought to be concerned with ethical norms that will help stateless people mitigate the harms of statelessness even while they remain formally excluded from states. (shrink)

The first part of the study is devoted to a comparative analysis of the concepts of the Ethics of War and Peace in Russian philosophy and its influence on the world practice of nonviolence. The second part of the study is devoted to analyzing the impact of changes in legislation and law enforcement practice on the moral state of society concerning the Armed Forces and military operations after the collapse of the USSR. In conclusion, a summary of the research (...) is given. The relevance of the ideas of Russian thinkers about the need for a clear definition of the concepts with which we describe reality, the relevance of non-violent conflict resolution, the priority of preserving and developing human-oriented culture, law and morality for the formation of a healthy society with the conditions of the Noosphere are drawn. (shrink)

This study analyzes the ideals of responsibility and accountability, asking such questions as when it is legitimate to blame top officials of an organization for mistakes made by personnel below them in the bureaucratic hierarchy; when things go wrong in a large and complex organization like the Canadian Forces, who is responsible and accountable; and whether a plea of ignorance is a good excuse. The study also analyzes the doctrine of ministerial responsibility in both the British and Canadian parliamentary traditions, (...) asking whether it is realistic to expect that a government minister should be held responsible for everything that goes wrong in his/her department. Finally, traditional military values are examined, considering the kinds of attitudes and values expected from Canada's armed forces and the differences between the military and civilian sectors. (shrink)

The work of Carl von Clausewitz Clausewitz, Carl von, [1832] 1976. On War, Michael Howard, and Peter Paret, eds. and trans. Princeton, NJ: Princeton University Press. [Google Scholar] continues to provoke heated debate. For some scholars, Clausewitz's On War remains indispensable to serious thought on the resort to war in the modern period. Others, however, see Clausewitz's work as either outdated, or a morally repellent argument for unlimited, unrestrained and brutal warfare. This essay argues not only that Clausewitz's work continues (...) to be relevant to discussions on the use of armed force, but also that On War provides a framework for ethical reflection on war and its conduct. Two main preoccupations of western military academies and staff colleges—Clausewitz on the one hand, and the just war tradition on the other—can complement, rather than rival each other. On War creates a space for reflection on the use of armed force, and for that reason if no other, should still be considered an important resource for contemporary students and practitioners of strategy. (shrink)

PurposeWith the rise of the internet, the act of sharing copyrighted material has received a lot of attention, culminating in a flood of lawsuits against file‐sharers as well as studies concerning the costs of file‐sharing for the entertainment industry. This paper attempts to judge whether file‐sharing really is an ethically problematic act and, upon achieving this, goes on to propose strategies to avoid file‐sharing and discuss ethical considerations surrounding those distribution alternatives.Design/methodology/approachThe paper limits its discussion to the medium of moving (...) images. It tries to achieve above aims by applying the ethics of Immanuel Kant to the phenomenon of file‐sharing on the internet and borrowing ideas for alternative, file‐sharing avoiding, strategies from practitioners and media commentators and applying Kant's ideas to those.FindingsThe paper argues that file‐sharing cannot, per se, be considered to be unethical. While file‐sharing has positive and negative aspects, the proposed alternative distribution strategies, a one‐stop shop and giving films away for free, seem to avoid the negative implications of file‐sharing while not impeding with its positive facets. The paper concludes that, since the suggested strategies exist but are not yet implemented by the commercial film industry, the moral responsibility for file‐sharing lies with the commercial film industry, not with the individual file‐sharer.Originality/valueThe paper hence adds to the discussions surrounding online files haring by shifting the focus towards the entertainment industry as well as by providing alternative, file‐sharing avoiding, distribution solutions. (shrink)

Terrorism, the use of military force in Afghanistan, Iraq and Syria, and the fatal police shootings of unarmed persons have all contributed to renewed interest in the ethics of police and military use of lethal force and its moral justification. In this book, philosopher Seumas Miller analyzes the various moral justifications and moral responsibilities involved in the use of lethal force by police and military combatants, relying on a distinctive normative teleological account of institutional roles. His (...) conception constitutes a novel alternative to prevailing reductive individualist and collectivist accounts. As Miller argues, police and military uses of lethal force are morally justified in part by recourse to fundamental natural moral rights and obligations, especially the right to personal self-defense and the moral obligation to defend the lives of innocent others. Yet the moral justification for police and military use of lethal force is to some extent role-specific. Both police officers and military combatants evidently have an institutionally-based moral duty to put themselves in harm's way to protect others. Under some circumstances, however, police have an institutionally based moral duty to use lethal force to uphold the law; and military combatants have an institutionally based moral duty to use lethal force to win wars. Two key notions in play are joint action and the natural right to self-defense. Miller uses a relational individualist theory of joint actions to construct the notion of multi-layered structures of joint action in order to explicate organizational action. He also provides a novel theory of justifiable killing in self-defense. Over the course of his book, Miller covers a variety of urgent topics, such as police shootings of armed offenders, police shooting of suicide-bombers, targeted killing, autonomous weapons, humanitarian armed intervention, and civilian immunity. (shrink)

Unconsented episiotomies and other procedures during labour are commonly reported by women in several countries, and often highlighted in birth activism. Yet, forced caesarean sections aside, the ethics of consent during labour has received little attention. Focusing on episiotomies, this paper addresses whether and how consent in labour should be obtained. We briefly review the rationale for informed consent, distinguishing its intrinsic and instrumental relevance for respecting autonomy. We also emphasise two non-explicit ways of giving consent: implied and opt-out (...) consent. We then discuss challenges and opportunities for obtaining consent in labour and birth, given its unique position in medicine.We argue that consent for procedures in labour is always necessary, but this consent does not always have to be fully informed or explicit. We recommend an individualised approach where the antenatal period is used to exchange information and explore values and preferences with respect to the relevant procedures. Explicit consent should always be sought at the point of intervening, unless women antenatally insist otherwise. We caution against implied consent. However, if a woman does not give a conclusive response during labour and the stakes are high, care providers can move to clearly communicated opt-out consent. Our discussion is focused on episiotomies, but also provides a useful starting point for addressing the ethics of consent for other procedures during labour, as well as general time-critical medical procedures. (shrink)

A long-standing common-law policy holds that anyone may lawfully use force to repel or arrest a criminal threatening property, and a fortiori that force may be used to defend one’s own property. But there are limits to these powers. In cases where some amount of violence is justified but excessive force is used, some common-law jurisdictions will deny any defence to murder. Killing through excessive force is neither justified nor excused. Other jurisdictions will allow a partial (...) defence, excusing from the fullest penalty and reducing the offence to manslaughter or unlawful homicide, on the ground that the actor should be punished for a grievous miscalculation. By analyzing the relationships between persons and property and investigating the historical development of self-help doctrines, the principles defining excessive force here may be reduced to four. First, property cannot easily be conceived as a value worth protecting by force where there is no accompanying threat to the person. Second, the law may nonetheless see a presumptive identity between an owner’s person and his property which is external to his person, so that violent defence of property becomes justified even without a threat to bodily or personal safety. Third, intentionality and purpose play an important role in attributing legal blame for excessive force in protecting property, and the test of allowable quantum of force is not objective. Finally, the legal and ethical issues are transformed when we move from individual to collective property. Judgments concerning state and international legality regarding excessive force may derive only limited guidance from the contours of criminal law and private law. Yet, much of international conflict today is carried out by private actors who do not wear uniforms or wrap themselves in the shield of state immunity, and the domestic legal dimension thus begins to have purchase on issues of excessive force in war and communal conflict. (shrink)

The renewal of Jewish sovereignty in 1948 created a grave challenge to Jewish tradition. As a system that was constructed in exile for a non-sovereign society, Jewish law was lacking "laws of state." The legitimacy of military action and the distinction between just and unjust wars are prime examples of fundamental issues that Jews did not have to confront for a very long period of time. This article examines contemporary Jewish legal responses to the challenges posed by the creation of (...) the Israeli military. It focuses on the efforts of Rabbi Shlomo Goren, the first Chief Rabbi of the Israel Defense Forces, to create a modern corpus of Jewish law and ethics relating to war and the military. The Diaspora-based rabbinic literature seemed to oppose the use of force, reinterpreting Biblical references to military heroism as allegorical expressions of valor in the study of Torah. In an attempt to create an approach that legitimized the use of force while, at the same time, maintaining the rabbinic moral compunction regarding reliance on force, Rabbi Goren’s innovative corpus integrated Biblical and rabbinic sources, as well as pre-rabbinic apocryphal and historical sources. His writings on the subject are studied on a historical level, trying to uncover the various personalities and ideological positions to which he reacted. Rabbi Goren’s approach is examined through an analysis of his views on the proper treatment of the enemy and on the Peace for Galilee War in Lebanon. He advocated a balance between power and spirit, a balance that is also reflected in the personal internal harmony of Rabbi Goren himself: a merger of two worlds — the traditional student of the rabbinic study hall and the modern Jewish military officer — worlds by which he was influenced, between which he was torn, and that he tried to synthesize. (shrink)

Ethics consultation has become an integral part of the fabric of U.S. health care delivery. This article summarizes the second edition of the Core Competencies for Health Care Ethics Consultation report of the American Society for Bioethics and Humanities. The core knowledge and skills competencies identified in the first edition of Core Competencies have been adopted by various ethics consultation services and education programs, providing evidence of their endorsement as health care ethics consultation (HCEC) standards. This (...) revised report was prompted by thinking in the field that has evolved since the original report. Patients, family members, and health care providers who encounter ethical questions or concerns that ethics consultants could help address deserve access to efficient, effective, and accountable HCEC services. All individuals providing such services should be held to the standards of competence and quality described in the revised report. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Ethics of Salomon Maimon (1753-1800) DAVID BAUMGARDT* SALOMON MAIMON is now generally considered the most acute mind among the earliest critics of Kant. Kant himself had praised his acumen,1 though later qualifying his regard decisively.2 Johann Gottfried Herder called * We have just learned of the death of the author. David Baumgardt, born in Germany on April 20, 1890, studied in Vienna and in Berlin and taught (...) philosophy at the University of Berlin from 1924 to 1935 as Privatdozent, Extraordinarius and Ordinarius, until he was forced by Germany's racial laws to resign, but after the end of the war the Free University of Berlin appointed him honorary professor. From 1935 to 1939 he taught at the University of Birmingham; after his arrival in the United States he first joined the staff of the Pendle Hill School and, from 1941 to 1954, he served with the Library of Congress as a consultant in the field of philosophy. In 1955-56 he was Visiting Professor of Philosophy at Columbia. After his retirement he continued to publish and at present there are five publications by him in the press. The number of books and articles written by him probably well exceeds two hundred. Just in the last months of his life he was presented with a Festschri[t (Horizons of a Philosopher), indicative of a wide range of friends, students, and fellow-scholars who wanted to express their appreciation of the man and his work. On the continent Baumgardt was perhaps best known for two books: Franz yon Baader (1927) and Der Kampf um den Lebenssinn unter den Vorliiufern der Modernen Ethik (1933). The former threw full light on an important but unduly neglected figure of the German romantic school of philosophy; the latter confronts Kant's rationalistic ethics with the irrationalism of a Herder, Hemsterhuis, and Jacobi. In the United States he published, among others, Bentham and the Ethics of Today (1952) and Great Western Mystics (1961), originally delivered as Matchette Lectures, but enriched, for publication, by voluminous notes containing a wealth of information on mystics, some of whom, especially Jewish ones, are familiar only to the expert. At the time of his death he was working on a book which would probably have become his opus magnum: an attempt to reconcile what he called the ethics of force with the ethics of love. Baumgardt described his own philosophic position as that of a Benthamian hedonist, asserting that only hedonism, when carried to its conclusions, would permit such a reconciliation. Systematic, ethical and religious problems underlay all his historic research; thus his loss will be felt keenly and widely. (PHILIP MERLAN) t See Kant's Gesammelte Schri[ten, ed. K6nig. Preuss. Akad. Wissenschaften, Vol. XI, Abt. II, Kant's Briefwechsel (1900), Vol. II, p. 49, letter to Marcus Herz, May 26, 1789: "Nicht allein" hat "niemand yon meinen Gegnern reich und die Hauptfrage so wohl verstanden, sondern nur wenige... mochten zu dergleichen tiefen Untersuchungen so viel Scharfsinn besitzen... als Hr. Maymon." 2See ibid., p. 476, letter to Carl Leonhard Reinhold, March 28, 1794: "Was aber z. B. ein Maimon mit seiner Nachbesserung der critischen Philosophie... eigentlich wolle," habe ich "nie recht fassen k6nnen." The noticeable change in Kant's judgment of Maimon's work is hardly due to the fact that his praising remarks were addressed to a Jewish friend and the disapproving ones to a gentile disciple. The reason for this shift in his evaluation of Maimon's later writings 099] 200 HISTORY OF PHILOSOPHY Maimon's Versuch iiber die Transzendentalphilosophie "profound" and "comprehensive.''~ Even Goethe and Schiller mentioned him with esteem in their correspondence;~ and Johann Gottlieb Fichte explicitly' warned that coming centuries would ridicule us bitterly for disregarding this "immensely great talent." It may, therefore, not be out of place if, even more than 150 years after Maimon's death, some attention is paid to his generally neglected criticism of Kant's categorical imperative. Maimon's acute critical observations on Kant's ethics may claim to be of interest even to the analysis of some basic issues of contemporary moral philosophy. In an autobiography, culturally of general interest, edited by the psychologist and esthetician Karl... (shrink)

As a result of the coronavirus (COVID‐19) pandemic, health professionals are faced with situations they have not previously encountered and are being forced to make difficult ethical decisions. As the first group to experience challenges of caring for patients with coronavirus, Chinese nurses endure heartbreak and face stressful moral dilemmas. In this opinion piece, we examine three related critical questions: Whether society has the right to require health professionals to risk their lives caring for patients; whether health professionals have the (...) right to refuse to care for patients during the coronavirus pandemic; and what obligations there are to protect health professionals? Value of care, community expectations, legal obligations, professional and codes of practice may compel health professionals to put themselves at risks in emergency situations. The bioethical principles of autonomy, justice, beneficence and non‐maleficence, as well as public health ethics, guide nurses to justify their decisions as to whether they are entitled to refuse to treat COVID‐19 patients during the pandemic. We hope that the open discussion would support the international society in addressing similar ethical challenges in their respective situations during this public health crisis. (shrink)

"Without knowing the force of words, it is impossible to know men." - Confucius. The Ethics of Confucius presents everyone with the opportunity to understand the true nature of the Confucian concept of good conduct to encourage independent, clear thinking about the purposes of life and what may be done with it. This volume of ethical teachings, which are almost purely secular, covers self-development - the conduct of "The Superior Man" - but also the family, the state, the (...) cultivation of the fine arts, and universal relations. These insightful, timeless teachings by Confucius and his disciples are arranged by, and commented upon, by Miles Menander Dawson. MILES MENANDER DAWSON (1863-1942) was deeply interested in poetry and philosophy, particularly ethics, and wrote books about the teachings of Zoroaster, Socrates, as well as Confucius. Born in Wisconsin, Dawson spent his life as a highly respected actuary in New York. He wrote numerous books on life insurance and actuarial science and was a member of the Confucian Society of China. (shrink)

Healthcare depends increasingly on advanced medical technology. In addition, other forms of technology contribute to determine how our lives are influenced by disease and disability. The extent to which persons with impaired bodily functions are forced to live their lives differently than other people depends to a large part on a variety of technologies, from wheelchairs to computer interfaces, from hearing aids to garage doors. This wide-ranging influence of technology has important ethical aspects, but has seldom been discussed in bioethics, (...) the ethics of technology, or other branches of applied ethics. (shrink)

Contemporary argumentation theory has developed an impressive array of norms, goals and virtues applicable to ideal argument. But what is the moral status of these prescriptions? Is an interlocutor who fails to live up to these norms guilty of a moral failing as well as an epistemic or cognitive error? If so, why? In answering these questions, I argue that deliberation’s epistemic and cognitive goods attach to important ethical goods, and that respect for others’ rationality, the ethics of joint (...) action, and the importance of consensus join forces with these goods to provide strong reasons for cleaving to high standards of argument. I sketch an illustrative continuum of argument practices of different deliberative-cum-ethical standards, and consider how one should ethically respond when faced with an interlocutor employing less than ideal standards. (shrink)

This article uses paradigms developed in the ethics of war debate, primarily jus in bello (just actions in war), and academic theories developed for the study of religion: the dialectic of the sacred and profane, and ritual studies – primarily sacrifice, festivals, and rites of passage – to analyze the Bhagavad-Gita and the sections of the Mahabharata that tell the story of the Kurukshetra War.11 The historicity of this war is in doubt. However, Hindu tradition places it in approximately (...) 3100 BCE, with Indian scholars proposing dates ranging from approximately plus/minus 2000 years from the traditional date. The article focuses attention on the fact that along with Krishna preaching Hindu dharma (religious socio-ethical duties) in the Bhagavad-Gita, a militarist ethic is forcefully put forth within Kshatriya dharma. The objective is to bring out salient points on human behavior expressed by combatants in war through their religious ethics and religious rituals. While some commentary is offered on the meaning of the teachings presented in these texts, the main goal is examining human behavior not textual meaning. The article builds on studies that show religious ritual as a powerful force in inculcating ethics and behavior in the pursuit of war. The article comments on religion and war in general in order to advance the understanding of human religious expression and behavior in regard to war. (shrink)

Just war theory exists to stop armies and countries from using armed force without good cause. But how can we judge whether a war is just? In this original book, John W. Lango takes some distinctive approaches to the ethics of armed conflict. DT A revisionist approach that involves generalising traditional just war principles, so that they are applicable by all sorts of responsible agents to all forms of armed conflict DT A cosmopolitan approach that features the Security (...) Council DT A preventive approach that emphasises alternatives to armed force, including negotiation, nonviolent action and peacekeeping missions DT A human rights approach that encompasses not only armed humanitarian intervention but also armed invasion, armed revolution and all other forms of armed conflict Lango shows how these can be applied to all forms of armed conflict, however large or small: from interstate wars to UN peacekeeping missions, and from civil wars counter-insurgency and counter-terrorism operations. (shrink)

This chapter asks two questions about the ethics of expectations: one about the nature of expectations, and one about the wrongs of expectations. On the first question, expectations involve a rich constellation of attitudes ranging from beliefs to also include imaginings, hopes, fears, and dreams. As a result, sometimes expectations act like predictions, like your expectation of rain tomorrow, sometimes prescriptions, like the expectation that your students will do the reading, sometimes like proleptic reasons like the hope that your (...) mentee will flourish, and sometimes expectations are peremptory in that they carry the force of moral law. Turning to the second question, given the multiple roles played by expectations it shouldn’t be surprising that there are also multiple ways expectations can be wrong to hold. Sometimes they wrong as beliefs do, e.g., doxastic wronging, and sometimes they result in alienation because of who holds that expectation of us. The upshot of this chapter is that getting clear on these potential ways expectations can wrong not only delivers an ethics of expectations that mirrors familiar discussions of the ethics of belief, but an ethics of expectations further opens the door for taking seriously an ethics of mental attitudes more generally. (shrink)

"This book explores the ethical implications of using armed contractors, taking a consequentialist approach to this multidisciplinary debate. While privatization is not a new concept for the U.S. military, the public debate on military privatization is limited to legal, financial, and pragmatic concerns. Missing is a critical assessment of the ethical dimensions of military privatization in general; more specifically, in light of the increased reliance upon armed contractors, it must be asked whether it is morally permissible for governments to employ (...) them at all. To this end, this book explores four areas that highlight the ethical implications of using armed contractors: how armed contractors are distinct from soldiers and mercenaries; the commodification of force; the belligerent equality of combatants; and the impact of armed contractors on the professional military. While some take an absolutist position, wanting to bar the use of private military altogether, this book reveals how these absolutist arguments are problematic and highlights that there are circumstances where turning to private force may be the only option. Recognising that outsourcing force will continue, this book thus proposes some changes to account for the problems of commodification, belligerent equality, and the challenge to the military profession. This book will be of interest to students of private security, military studies, ethics, security studies and IR in general."--Provided by publisher. (shrink)

I propose to criticize two strands of argument - contractarian and utilitarian – that liberals have put forth in defense of economic coercion, based on the notion of justifiable paternalism. To illustrate my argument, I appeal to the example of forced labor migration, driven by the exigencies of market forces. In particular, I argue that the forced migration of a special subset of unemployed workers lacking other means of subsistence cannot be redeemed paternalistically as freedom or welfare enhancing in the (...) long run. I further argue that contractarian and utilitarian approaches are normatively incapable of appreciating this fact because the kinds of reasons that they adduce for justifying the long-term freedom-enhancing consequences of forced migration are not ones that would be acceptable to the migrants themselves. I conclude that only a discourse ethical approach, which mandates direct, empathetic communication between would-be migrants and members of potential host communities, captures the full range of reasons that would be acceptable to both migrants and members of these communities. These reasons – appealing both to agency-enhancing communal attachments as well as to agency-enhancing freedom of choice – fully reveals the extent to which a global capitalist system composed of relatively closed national communities coerces the world’s poorest migrants. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Driven from Home: Protecting the Rights of Forced Migrants Edited by David Hollenbach, SJ, and: Kinship across Borders: A Christian Ethic of Immigration by Kristen HeyerRené M. Micallef SJDriven from Home: Protecting the Rights of Forced Migrants EDITED BY DAVID HOLLENBACH, SJ Washington DC: Georgetown University Press, 2010. 296 pp. $20.46Kinship across Borders: A Christian Ethic of Immigration KRISTEN HEYER Washington DC: Georgetown University Press, 2012. 210 pp. (...) $29.23Although based on a conference held at Boston College in November 2008, Driven from Home is no less timely today, given the context of current debates on immigration in the United States, the European Union, Australia, and the Middle East. David Hollenbach’s introduction explains how the book brings together Christian (mostly Catholic) theologians, human rights activists, humanitarian practitioners, and legal scholars to help us focus on a class of persons referred to as “forced migrants” or “persons needing protection.” These individuals are neither classical “convention refugees” (according to international law definitions) nor are they simply “migrant workers” (in the classical sense) since their basic human rights to security and subsistence cannot [End Page 230] be adequately guaranteed in their home country or region. They do not emigrate merely in search of a higher standard of living; rather, forced migrants enter and settle in foreign lands seeking some sort of “protection” similar to that afforded to “conventional” refugees. More concretely, the book focuses on persons on the move—individuals fleeing violence and the extreme poverty rampant in regions devastated by ecological degradation and natural disasters.Extending the logic of the 1952 Refugee Convention and adapting it to the realities of today, one can argue convincingly that the international community has a duty to protect such persons when their states of origin are structurally unable or unwilling to afford protection (as argued in Susan Martin’s essay). However, paternalistic approaches that diminish rather than augment the agency of local governments and migrants are to be avoided (as maintained in M. Brinton Lykes’ essay). The book helps us reflect on what can be done to guarantee the basic rights of forced migrants not only at the level of international law and institutions but also through domestic and regional policymaking spurred and inspired by both Christian and secular global-humanitarian values. Such values are eminently compatible when applied to this particular issue (see Silvano Tomasi’s contribution). Agbonkhianmeghe Orobator’s essay—which offers insightful reflections (albeit rather general ones) from Christian ethics, ecclesiology, and biblical theology—likewise points to the need for a truly interdisciplinary approach to the issue. The other authors help the book achieve precisely this. Theological ethics finds its own distinctive place and voice in dialogue with a range of perspectives: legal and political sciences and case studies (Frank Brennan, Daniel Kanstroom); philosophical approaches (Arash Abizadeh); and sociological research on particular migrant populations (M. Brinton Lykes, Maryanne Loughry). The book includes essays that integrate case studies, technical reflections, useful summaries of theological principles and doctrines (J. Bryan Hehir, Mary M. DeLorey, and Tomasi), and philosophical stances (Abizadeh, Thomas G. Weiss), and present practical and legal proposals (see Martin’s essay). A stimulating read for scholars and for the general public, the volume provides good training material for faith-based activists and practitioners.The argumentation strategy in many of the essays in Driven from Home is to appeal to the reader’s sense of solidarity with the needy or suffering neighbor. It promotes the virtues of hospitable citizenship and hospitable disciple-ship while carefully trying to convince national and international policymakers to reinforce and expand the international protection regime. Emboldened by the 2005 “Responsibility to Protect” breakthrough at the United Nations, the authors seek to remain acceptable to a wide audience in an atmosphere of resurgent nationalism, nativism, and protectionism. The authors generally avoid harsh critiques of Westphalian models of sovereignty and do not dwell [End Page 231] on the Catholic doctrines of the universal destination of created goods and the (circumscribed) right to immigrate (and not only to emigrate). Rather, they seek to introduce a new protection niche without fundamentally challenging the prevailing ideology of sovereignty, gently proposing new legal instruments as though they... (shrink)

Individuals and businesses make numerous payments every day. They sometimes have choices about what forms of payment to make or accept, and at other times are effectively forced to use a particular form. Often there is an asymmetric power relationship between payer and payee that raises the issue of whether one side unfairly exploits the other. Is it unethical exploitation for an employer to pay employees with a fee-laden payroll card over other more convenient forms of payment? Does the fee (...) structure of payment networks such as Visa and MasterCard unfairly exploit merchants? The bitcoin payment system is an ethical as well as technological evolution as it was designed to be an electronic payment system that does not rely upon trust. Can an entire payment system like bitcoin be “evil,” as charged by Krugman? Payment tools as such are ethically neutral, but can be used in an ethical or unethical manner. (shrink)

Several of the narratives contained in the Hebrew Bible raise profound ethical questions, and moral issues frequently recur in the sayings of the wise and in various passages in the Psalms. Consequently, the Bible seemed staunchly to resist any attempt to subject it to a tidy, systematic treatment, and some scholars were forced to concede that the writing of an ‘ethics of the Hebrew Bible’ was an impractical, if not impossible, task. In this brief survey, the author outlines some (...) of the pertinent issues relating to the subject of the ethics of the Hebrew Bible. Much research remains to be done in this important field of biblical study, and it is to be hoped that the renewed interest shown by biblical scholars in this area during the last twenty years will continue into the foreseeable future. (shrink)

On the supposition that one’s ethics and politics are fundamentally dignitarian in a broadly Kantian sense—as specifically opposed to identitarian and capitalist versions of Statism, e.g., neoliberal nation-States, whether democratic or non-democratic—hence fundamentally non-coercive and non-violent, then is self-defense or the defense of innocent others, using force, ever rationally justifiable and morally permissible or obligatory? We think that the answer to this hard question is yes; correspondingly, in this essay we develop and defend a theory about the permissible (...) use of force in a broadly Kantian dignitarian moral and political setting, including its extension to non-violent civil disobedience in the tradition of Martin Luther King, Jr; and perhaps surprisingly, we also import several key insights from Samurai and Martial Arts ethics into our theory. (shrink)

Approximately 11.2 million undocumented immigrants have settled in the United States. Providing health care to these residents is an everyday concern for the clinicians and health care organizations who serve them. Uncertain how to proceed in the face of severe financial constraints, clinicians may improvise remedies–a strategy that allows our society to avoid confronting the clinical and organizational implications of public policy gaps. There is no simple solution‐no quick fix‐that will work across organizations (in particular, hospitals with emergency departments) in (...) states with different concentrations of undocumented immigrants, varying public and private resources for safety‐net health care, and differing approaches to law and policy concerning the rights of immigrants. However, every hospital can help its clinicians by addressing access to health care for undocumented immigrants as an ethical issue. We offer some recommendations for doing this in a structured, fair, and transparent way. We also describe the problems that may result when clinicians are forced to grapple with this issue on their own. (shrink)

Qin Dynasty Confucian ethics is an ethical elite, there is such a universal ethical issues. From the Song Dynasty of China post-social, ethical Chinese society began to truly grass-roots family or clan ethics that ethics form, thus has a universal significance, and, to some extent and it is Abraham, ethical and religious system its universality is considerable. Specifically, this ethics is to achieve or expand the clan as a platform, on this platform, to stand by the (...) family rules of ethics, was by the Code of ethics, by forcing the line of ethics, ethics through education to support. the Confucianism ethics in the Early Qin period was an elite ethics that had the problem of generalization. In the late Chinese society after the Song Dynasty, the ethics in China came out in the form of a real grass-root ethics or the clan ethics, therefore it had the significant of generalization. Moreover, this ethics was similar to the religious ethics and its generalization to some contents in the Abraham system. In a more concrete way the realization and unfolding of this ethics was in mi arena of clan on which the ethics was established through the code of clan. It was through observing the code to reflect the ethics, through enforcement to implement the ethics, and through education to cultivate ethics. (shrink)

Drawing from the complete normative resemblance between the questions of moral justification of the use of force and the moral justification of deception, the author finds in Kant's ethics an example of theoretical inconsistency. He shows that Kant's conclusion about the situational moral permissibility of forcible compulsion necessarily entails a decision in favor of the moral permissibility of lying for philanthropic reasons, which Kant denies.

In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential (...) class='Hi'>ethics, the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. (shrink)

The article is devoted to the consideration of the general principles of understanding of human development by N. F. Fedorov and F. Nietzsche. The article considers Fedorov’s philosophy of the common task to be a partial continuation of the general contours of Nietzsche's thought about the will to power. Nietzsche’s position is viewed through the prism of the concept of the will to power as a vital force overcoming the nihilistic devaluation of values. The concept of Fedorov is considered, (...) first of all, from the point of view of his understanding of human self-improvement as the elevation of the power of human will over the blind natural elements. In this context, the question of the legitimacy of understanding Fedorov as an advocate of scientific and technological progress is considered. In the article, along with the parallels between Nietzsche and Fedorov, another idea of kinship of their philosophical optics through the understanding of philosophy as ethics is also carried out. (shrink)

This dissertation challenges two myths about Leibniz' Theodicy: that it is primarily concerned with the problem of evil, and that its ethical implications are reactionary. ;Leibniz' neologism "theodicy" connotes not the justification of God, but the justice of God, a justice Leibniz is at pains to make us realize is no different from our own; we are "little gods." This makes God's world-choice a models for an ethics and politics of imitatio dei, and undermines the unspoken "theodicy or (...) class='Hi'>ethics" assumption of much modern thought. The purpose of the Theodicy is "edification"--the encouragement of active piety in charity. Not evil but "mistaken notions of liberty, necessity and destiny" are Leibniz' main concern. ;The "best of all possible worlds" argument is a priori, thus insusceptible to empirical confirmation, rejection--or application. Any knowledge of the nature of the actual world is a posteriori, incomplete and fallible. This applies also to our knowledge of "evil" which, while no more than privation, is experienced as real. Language of "privative beings" has its place not in philosophical reflection on evil but in ethics, where the perception of privations defines the sites for action. ;The model for just choice is God's choice of worlds, and the contours of our ethics may be discerned in the way God's antecedent will to produce all goods and prevent all evils results in the consequent will to produce the goods and permit the evils of the best possible world. All antecedent wills survive in the consequent will, so all permission of evil must be attended by regret; only God in His omniscience can transcend regret. We must anticipate God's antecedent wills, not the consequent, and cannot escape regret. ;Leibniz' anti-voluntarist ethics forces us to think of goods in the context of possible worlds, while his understanding of freedom as "indirect" means that action must be understood in concrete and necessarily social ways with reference to the actual world. As I explore in an epilogue, this makes necessary a particular politics. (shrink)

The literature on the ethics of defensive harming frequently addresses imminent threats and threats of future harm; but it rarely addresses threats of continuing harm. Real-world cases of kidnapping, slavery, and domestic abuse can include threats of continuing harm. In cases such as these, the harm the victim suffers—and therefore proportionate defensive harm—depends upon both the magnitude and the duration of the harm threatened. Because continuing harms are, by definition, less than lethal, there is a _prima facie _sense in (...) which using lethal force to defend against threats of continuing harm is disproportionate. In this paper, I develop a conception of threats of continuing harm and apply that conception to individual cases of self-defense and to just war theory. Ultimately, I argue that violations of a victim’s right to freedom or autonomy can justify lethal defensive harm, but only if the harm threatened is of a sufficient duration. (shrink)

This book addresses one largely overlooked trend in the field of military ethics, the emergence of special operations as a prominent instrument of statecraft. The authors' analysis calls attention to qualities inherent in special operations that challenge the moral framework which informs conventional military operations.

_ Source: _Volume 46, Issue 3, pp 426 - 439 The concept of _flesh_ had a very short and fragmented career in the writings of Jacques Derrida, appearing as such in central arguments only in his reading of Antonin Artaud from 1965 and in an interview with Jean-Luc Nancy from 1988. By exposing and exploring several implicit discussions of flesh in Derrida’s juridico-political texts from the 1990s, this paper outlines the conceptualization of flesh implicit in Derrida’s work and, consequently, argues (...) that this conceptualization is more coherent and significant than it may first appear. Based on this, and drawing on an argument between David Wood and Matthew Calarco about the relation between deconstruction and vegetarianism, I go on to argue that the Derridean concept of flesh offered here puts us in a better position to understand and solve some of the discrepancies and inconsistencies of Derrida’s famous attempts to answer his own “question of the animal” in his later writings. (shrink)