Bioethics, Volume 36, Issue 3, Page 313-317, March 2022.

Bioethics, Volume 36, Issue 3, Page 298-304, March 2022.

State agents’ misconduct (SAM), such as the violations carried out by the police or prosecution, may harm an offender’s rights during the criminal process in various ways. What, if anything, can retributivism, as an offense-focused theory that looks to the past, offer in response to SAM? The goal of this essay is to advance a retribution-based framework for responding to SAM within the criminal process. Two retribution-based arguments are provided. First, a retribution-based response to SAM aims to protect the legitimacy (...) of the criminal process. Such an argument is based on how the crime and punishment connect to the moral standing of the state and that connection’s meaning for the legitimacy of the trial (legitimacy-based argument). Second, a retribution-based response to SAM aims to consider the offender’s side of the penal dialogue and promote a more accurate calibration of the penal suffering (compensation-based argument). Based on these arguments, the essay theorizes the legal response for SAM in US and non-US traditions through the retributive lens. The essay concludes with a call for expanding the multiple roles for retributive logic to include the actions of law-enforcement actors and addresses what that expansion means for the justice of the criminal process. (shrink)

Hastings Center Report, Volume 52, Issue S1, Page S39-S41, March‐April 2022.

ABSTRACT Isaiah Berlin's value pluralism remains attractive because of its compelling account of tragic loss. The expectation and recognition of tragic loss can alert us to, and help guard us against, the fanaticism, the distortion of values, and the self-deception that may result from even the most well-meaning and good-faith pursuit of political ideals.

Scholars depict punishment as a moral dialogue between the community and the offender, which addresses both the offender’s crime and character. However, how the penal message evolves vis a vis that crime and character as it passes through the different stages of the criminal process has remained under-theorized. This article, building on communicative theory, explores the interrelation between crime and character along the penal process, from sentencing, through prison, to parole release. We argue that in the penal dialogue the relationship (...) between crime and character evolves in a dynamic way through three phases: separateness (sentencing), fusion (prison), and re-distinction (parole) of crime and character. The proposed analysis develops the communicative meaning of the penal process, provides a normative account of the work of punishment administration authorities, and explores applications of our proposed normative analysis for the administration of the punishment. (shrink)

This paper studies the relationship between organizational ethical climate and the forms of organizational citizenship behavior (OCB), including in-role and extra-role behaviors, and examines the mediating effect of employee loyalty. A sample of employees from a traditional Hong Kong-based company was used as a study group. The purpose of this study was to examine the causes and implications of how various ethical work climates affect employee performance. Based on a model proposed by Victor and Cullen, ethical climate is arranged from (...) lower levels to higher levels. The results suggest that lower levels of ethical climate (instrumentality and independence), characterizing a weak relational contract between employee and employer, are associated with negative extra-role behavior. In contrast, higher levels of ethical climate (caring and law-and-code), symbolic of a strong relational contract at work, are associated with positive extra-role behavior. Moreover, normative commitment mediated a positive relationship between caring and identification with the company, whereas attitudinal loyalty mediated the negative relationship between independence and altruism. Implications for future research and practice are discussed. (shrink)

Many critics of libertarian freedom have charged that freedom is incompatible with indeterminism. We show that the strongest argument that has been provided for this claim is invalid. The invalidity of the argument in question, however, implies the invalidity of the standard Consequence argument for the incompatibility of freedom and determinism. We show how to repair the Consequence argument and argue that no similar improvement will revive the worry about the compatibility of indeterminism and freedom.

The field of bioethics is calling for a new generation of scholars equipped with the normative, empirical, and practical knowledge and expertise to prioritize equity concerns largely underrepresent...

A presente pesquisa oferece ao leitor um estudo exegético-teológico do evangelho segundo Lucas 10:25-37, perícope na qual se narra um diálogo de Jesus com um intérprete da lei. O que se percebe é que há muitos estudos que consideram demasiadamente a parábola e ignoram o diálogo teológico presente no texto. Esta pesquisa pretende aprofundar o recurso narrativo de perguntas e respostas, utilizado por Lucas, para indicá-lo como um instrumento pedagógico de Jesus a fim de despertar seu discipulado. A perícope é (...) estruturada por duas perguntas do intérprete da lei: “Mestre, o que fazer para herdar a vida eterna?” e “E quem é o meu próximo?” ; três perguntas feitas por Jesus: “Na lei o que está escrito? Como lês?” e “Quem pois destes três te parece haver-se tornado próximo do que caiu entre os ladrões? ; duas respostas do intérprete da lei ; e um discurso parabólico. A metodologia aplicada é de cunho bibliográfico em perspectiva interdisciplinar, a fim de fomentar a pesquisa na área da Teologia Bíblica, a partir da contribuição da pedagogia no ensino religioso. Espera-se, desse modo, contribuir com o debate sobre a igreja e o ensino bíblico para um novo século. (shrink)

After a brief summary of Alvin Goldman’s theory of the “level-generation” of complex act-tokens from basic acts, it is argued that if the occurrent want which causes the basic act becomes deactivated in medias res, or during the interval between the basic act and the generated events, the latter do not qualify as actions proper. A discussion follows of Steven Davis’s at tempts to provide a counterexample to GoIdman’s theory by suggesting an example in which the Goldman conditions are met (...) and yet intuition tells us that the generated event is not an action. After concluding that Davis’s counterexamples are men of straw, a series of legitimately generated events which terminate in non-action is offered. (shrink)

We lay out the fatalist’s argument, making sure to clarify which dialectical moves are available to the libertarian. We then offer a more robust presentation of Ockhamism, responding to obvious objections and teasing out the implications of the view. At this point, we discuss presentism and eternalism in more detail. We then present our argument for the claim that the libertarian cannot take Ockham’s way out of the fatalism argument unless she rejects presentism. Finally, we consider and dispense with objections (...) to our argument. In the end, it ought to be clear that the libertarian must make a choice between Ockham’s way out and presentism. (shrink)

Firms face mounting pressure to appoint ethical leaders who will avoid unnecessary risk, scandal and crisis. Alongside mounting evidence that narcissistic leaders place organizations at risk, there is a growing consensus that women are more ethical, transparent and risk-averse than men. We seek to interrogate these claims by analyzing whether narcissism is as prevalent among women CEOs as it is among men CEOs. We further analyze whether narcissistic women CEOs take the same types of risk as narcissistic men CEOs. Drawing (...) on social role and token theories, we test hypotheses related to gender differences in the prevalence and impact of CEO narcissism on firm-level practices. Using a unique dataset that includes a large sample of CEOs of S&P 1500 companies from 1992 through 2014, we create a narcissism composite score for each CEO based on their photograph size in the annual report, and their cash earnings and non-cash earnings relative to the next highest paid executive. We find that women CEOs are less likely to exhibit narcissistic personality traits compared to men CEOs. Furthermore, we find that gender moderates the relationship between narcissistic CEOs and our outcome variables of risk-taking and questionable behaviors. (shrink)

The consequence argument for the incompatibility of free action and determinism has long been under attack, but two important objections have only recently emerged: Warfield’s modal fallacy objection and Campbell’s no past objection. In this paper, I explain the significance of these objections and defend the consequence argument against them. First, I present a novel formulation of the argument that withstands their force. Next, I argue for the one controversial claim on which this formulation relies: the trans-temporality thesis. This thesis (...) implies that an agent acts freely only if there is one time at which she is able to perform an action and a distinct time at which she actually performs it. I then point out that determinism, too, is a thesis about trans-temporal relations. I conclude that it is precisely because my formulation of the consequence argument emphasizes trans-temporality that it prevails against the modal fallacy and no past objections. (shrink)

The U.S. health care system is ostensibly market based and therefore at least partially reliant on competition and consumer demand to regulate costs. Yet information about an essential feature of market transactions—costs—is typically obscure to patients until long after treatment. When discussing what must be disclosed for informed consent, the same list of required information is often mentioned regardless of the health care system in question, and information about costs rarely merits a place within this list. However, our assumptions about (...) what a moral principle requires need to be responsive to the realities of the health care system in which the principle is applied.This paper explores the moral foundations of disclosure and informed consent to argue that, in a market‐based system of the sort found in the United States, these same considerations support a requirement to disclose out‐of‐pocket costs before patients receive care. Next, I consider two objections to this view: first, that health care practitioners should focus solely on medical considerations in their encounters with patients and, second, that disclosing out‐of‐pocket costs would be too difficult to be mandated. I argue that medical and financial interests are inseparable within the U.S. health care system. If the difficulties in disclosing costs are deemed insurmountable, then the current system may prove unsustainable, both morally and financially, since we face the same practical impediments to implementing any meaningful consumer‐driven, market‐based health care reform. Finally, I explore some of the consequences of failing to disclose costs. The requirements of disclosing costs can be supported by the principle of respect for autonomy, regardless of the consequences, but in light of the consequences of the decision of whether to disclose, a concern about justice provides further support. (shrink)

This paper aims to extend the dialogue between social intuitionism and the genetic perspectives of moral psychology, pointing out the contributions and limitations of each one to advance in the understanding of the formulation and transformation of moral judgments. An examination of how the relations between the subject and the object of knowledge have been approached in the light of the contributions of constructivist psychological tradition has been proposed. The relations between emotions, reasoning, and the specific social situation in which (...) such cognitive processes take place it will be examined, taking up particularly the contributions of cultural psychology. By critically examining the three theoretical perspectives, it was possible to point out their contributions and limitations, as well as to appreciate the undoubted contribution of social intuitionism to moral psychology, its limitations and to elucidate the theses that shape this theory. It is precisely by examining the relationships, convergences and profound differences between social intuitionism, constructivism, and cultural psychology in their approaches to moral judgment that it is possible to contribute to promoting their revision and elucidation. (shrink)

The so-called Mind argument aims at the conclusion that agents act freely only if determinism is true. The soundness of this argument entails the falsity of libertarianism, the two-part thesis that agents act freely, and free action and determinism are incompatible. In this paper, I offer a new formulation of the Mind argument. I argue that it is true by definition that if an agent acts freely, either (i) nothing nomologically grounds an agent’s acting freely, or (ii) the consequence argument (...) for incompatibilism is unsound. I define the notion of nomological grounding, and argue that unless an agent’s acting freely is nomologically grounded, unacceptable consequences follow. I then argue that if agents act freely and the consequence argument is sound, a vicious regress ensues. I conclude by considering the libertarian’s dialectical options. (shrink)

This paper reports on an action research project about organizational change by a regional food bank in New York State’s southern tier. While the project team initially included a sociologist, food bank leadership and staff, it expanded to involve participants in food access programs and area college students. This paper combines findings from qualitative research about the food bank with findings generated through a collaborative inquiry about a ten-year process of organizational change. We ask how a regional food bank can (...) change its approach to address root causes of hunger. Acknowledging that narrow, pragmatic definitions of hunger promote charitable responses, our collaboration is grounded in structural understandings of poverty that refuse to blame the poor or treat poverty as an accident. Decades-long economic restructuring, deindustrialization and a rise in the service economy have resulted in growing inequality and long-term demand for “emergency” food in New York State. We outline critiques by scholars and practitioners of the emergency food regime. Description and analysis of the organizational change efforts of the Food Bank of the Southern Tier combine discourse analysis, collaborative inquiry, interviews, and participant observation. Discourse analysis of the agency’s strategic plans documents changes in aspirations, exposure to new epistemic communities and repertoires of actions. Interviews with participants evidence impacts of the organization’s advocacy and education programs on people with lived experience in poverty. Through a participatory process, we developed a collaborative chronology of phases of organizational change. Collaborative analysis of organizational changes demonstrates new definitions of the problem, a shift in service focus, changing outcomes and increased funding for advocacy. While recognizing substantial constraints, this project contributes to evidence that food banks may shift their discourse and practices beyond charity. (shrink)

China is a country with a long-standing and rich history. This rich history is also expressed in its cultural, religious and philosophical diversity. One of China’s most prominent and influential philosophical strands is Daoism, which is still practiced today despite the political turmoil of the 20th century. It came into existence at roughly the same time as Confucianism. This paper focuses on a particular work of the Daoist canon, which at the same time is one of its most prominent ones: (...) The Dao De Jing by Laozi. The purpose of this paper is to evaluate in how far the virtues described in the Dao De Jing are applicable in a business context. Thereby this paper presents a first draft to turn the Dao De Jing into a “virtue ethics for business” by a thorough and comprehensive analysis of all 81 chapters based on drawing on eight different translations. (shrink)

The logical fatalist holds that the past truth of future tense propositions is incompatible with libertarian freedom. The theological fatalist holds that the combination of God’s past beliefs with His essential omniscience is incompatible with libertarian freedom. There is an ongoing dispute over the relation between these two kinds of fatalism: some philosophers believe that the problems are equivalent while others believe that the theological problem is more difficult. We offer a diagnosis of this dispute showing that one’s view of (...) the modal status of God’s existence and God’s rdation to free creatures should determine one’s position on the relation between the two fatalisms. (shrink)

Growing literature has linked attention bias variability to the experience and treatment of posttraumatic stress disorder. Unlike assessments of attention bias in only one direction, A...

The body of the one deemed mad often remains a sexual body with sexual needs. Mental health services respond to these demands of the body in various ways, including constructing rules around physical movement. In this context, we were interested in how mental health clinicians problematized the sexual needs and practices of residents of a long‐stay mental health rehabilitation facility and how solutions were constructed in relation to the residents’ sexual desires. This paper reports findings from mental health clinicians, as (...) part of a case study where we addressed this question. Mental health clinicians responded to residents’ sexuality from a discourse of risk. The notion of the engagement with each resident as a sexual subject was subordinated to the paternalistic notion of protecting the patient from risk. The resident became an object to be monitored and protected rather than a subject with sexual desire and agency. This paternalism also showed itself in relation to a ‘no‐sex on‐site’ rule that allowed for a shift of risk from the organization to the resident. Residents, rather than having a relatively safe place to have sexual relations, were required to find a place elsewhere, potentially unsafe, outside the facility. (shrink)

Proposals for health care cost containment emphasize high-value care as a way to control spending without compromising quality. When used in this context, ‘value’ refers to outcomes in relation to cost. To determine where health spending yields the most value, it is necessary to compare the benefits provided by different treatments. While many studies focus narrowly on health gains in assessing value, the notion of benefit is sometimes broadened to include overall quality of life. This paper explores the implications of (...) using subjective quality of life measures for value assessment. This approach is claimed to be more respectful of patients and better capture the perspectival nature of quality of life. Even if this is correct, though, subjective measurement also raises challenging issues of interpersonal comparability when used to study health outcomes. Because such measures do not readily distinguish benefits due to medical interventions from benefits due to personal or other factors, they are not easily applied to the assessment of treatment value. I argue that when the outcome of interest in value assessment is broadened to include quality of life, the cost side of these measures should also be broadened. I show how one philosophical theory of well-being, Jason Raibley’s “agential flourishing” theory, can be adapted for use in quality of life research to better fit the needs and aims of value assessment in health care. Finally, I briefly note some implications of this argument for debates about fairness in health care allocations. (shrink)

Name der Zeitschrift: Byzantinische Zeitschrift Jahrgang: 108 Heft: 1 Seiten: 179-206.

This book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It asks who benefits both directly and indirectly—and what the overall impacts on health equity are. Included are case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia.

In recent years, so-called experimental philosophers have argued that participants in the moral responsibility debate ought to adopt a new methodology. In particular, they argue, the results of experimental surveys ought to be introduced into the debate.According to the experimental philosophers, these surveys are philosophically rel- evant because they provide information about the moral responsibility judgments that ordinary people make. Moreover, they argue, an account of moral responsibility is satisfactory only if it is tightly con- nected to ordinary judgments. The (...) purpose of this paper is to under- mine this argument. I will argue that experimental philosophers have not adequately acknowledged the distinction between metaphysics and conceptual analysis; they have not carefully distinguished what-it-is- to-be morally responsible from the concept of moral responsibility. I will draw this distinction, and then argue that metaphysicians qua metaphysicians may both ignore experimental data and offer an account of moral responsibility that satisfies the tight connection desideratum. (shrink)

Este artículo busca comprender el debate de Davos entre Heidegger y Cassirer, como una anécdota del siglo XX que es fundamental para la antropología filosófica. La razón es que permite escenificar teatralmente los más importantes cuestionamientos que se deben responder en el camino a una filosofía que piensa al hombre, a saber: el puesto del método frente a la duda antropológica, el lugar de la antropología dentro de la reflexión filosófica y las posibilidades que esta tiene para asumir la necesidad (...) de introducir lo histórico, lo contingente y lo simbólico en la cuarta pregunta kantiana. Sostenemos que la filosofía de H. Blumenberg permite encontrar una vía de comunicación entre Heidegger y Cassirer y una renovación a la pregunta filosófica por la condición humana fundamentalmente puesta en duda durante los tiempos de guerra. (shrink)