This timely and passionate book is the first to address itself to Harvard Law Professor Alan Dershowitz’s controversial arguments for the limited use of interrogational torture and its legalisation. Argues that the respectability Dershowitz's arguments confer on the view that torture is a legitimate weapon in the war on terror needs urgently to be countered Takes on the advocates of torture on their own utilitarian grounds Timely and passionately written, in an accessible, jargon-free style Forms part of the provocative and (...) timely _Blackwell Public Philosophy_ series. (shrink)

The very term ‘professional ethics’ is puzzling with respect to what both ‘professional’ and ‘ethics’ might mean. I argue (1) that professionalism is ambiguous as to whether or not it is implicitly committed to ethical practice; (2) that to be ‘professionally’ ethical is at best ambiguous, if not in fact bizarre; and (3) that, taken together, these considerations suggest that professional ethics is something to be avoided rather than lauded.

Even people who think torture is justified in certain circumstances regard it - to say the least - as undesirable, however necessary they think it is. So I approach the issue by analysing the extreme case where people such as Dershowitz, Posner and Walzer think torture is justified, the so-called ticking bomb scenario. And since the justification offered is always consequentialist - no one thinks that torture is in any way “good in itself” – I confine myself to consequentialist arguments. (...) That is to say, I take the argument on its own terms, since any non-consequentialist objection to torture merely invites the response, ‘So much the worse for non-consequentialism’: if a moral theory insists that torture is wrong even if it would save thousands of lives that just shows how wrong the theory is . I focus only on the question of the moral justifiability of torture in the ‘ticking bomb’ case, and do not not ask whether, even if admittedly immoral, it should nonetheless be legalised (see Brecher, Torture and the Ticking Bomb, Wiley-Blackwell 2007)). My main argument is in two parts: (1) the “ticking bomb” scenario falls apart when analysed; and (2), even if it did not, the likely consequences of permitting torture would be worse than the bomb’s going off. Finally I briefly consider a genuine case. Further questions and readings are appended. (shrink)

Bob Brecher claims that it is wrong to think that morality is simply rooted in what people want. Brecher explains that in our consumerist society, we make the assumption that getting "what people want" is our natural goal, and that this goal is usually a good one. We see that whether it is a matter of pornography or getting married--if people want it, then that's that. But is this really a good thing? Getting What You Want offers a (...) critique of liberal morality and an analysis of its understanding of the individual as a wanting thing. Brecher boldly argues that the Anglo-American liberalism cannot give an adequate account of moral reasoning and action, or any justification of moral principles or demands. (shrink)

This chapter contains section titled: Dershowitz's Argument and the Ticking Bomb Who Tortures? Effectiveness and Time Knowledge and Necessity The Ticking Bomb Scenario: Conclusion.

Can we have a real obligation to the dead, just as we do to the living, or is such a notion merely sentimental or metaphorical? Starting with the example of making a promise, I try to show that we can, since the dead, as well as the living, can have interests, not least because the notion of a person is, in part, a moral construction. ‘The dead’, then, are not merely dead, but particular dead persons, members of something like the (...) sort of ‘transgenerational community’ proposed by Avner de–Shalit. More generally, I argue, we have an obligation to the dead that goes beyond the particularities of promise–making, on account of their role in having made us who we are. I then suggest, though only embryonically, that such obligations may appropriately be discharged by remembering the dead, who they were and what they did. Finally, I consider some possible objections. (shrink)

In 2008, Samantha Newbery, then a PhD student, discovered a hitherto confidential document: ‘Confidential: UK Eyes Only. Annex A: Intelligence gained from interrogations in Northern Ireland’ (DEFE 13/958, The National Archives (TNA)). It details the British Army’s notorious interrogations of IRA suspects that led to the eventual banning of the ‘five techniques’ that violated the UK’s international treaty obligation prohibiting the use of torture and ‘inhuman or degrading treatment or punishment’. Having decided that the document – Intelligence gained from should (...) be put in the public domain, she invited me, along with the eminent lawyer, Philippe Sands and Brian Stuart, a former Secretary to the British Joint Intelligence Committee, to contribute commentaries. I concluded that even if the document was accurate in both what it stated and in what it left out, that use of the ‘five techniques’ (tantamount to torture) was unjustified, since the normalisation and institutionalisation of torture is far worse than failing to obtain the information thus gained. Whether or not this joint paper will make a difference to UK policy concerning the use of torture remains an open question; whether or not it should is not. This piece is an example of how my book on torture, deliberately written for a public readership, has made it possible for me to make interventions in practical policy, or at least to attempt to, whether in occasional writing for eg The Chartist and the web-based Open Democracy, or directly for activist groups, eg my ‘Ethical Opinion’ for Physicians for Human Rights – Israel, Report: Holding Health to Ransom: GSS Interrogation and Extortion of Palestinian Patients at Erez Crossing (2008). (shrink)

This chapter considers the wider significance of torture, addressing the manner in which it represents a touchstone for any universalistic morality, and arguing that it offers a means of refuting any moral relativism, something that ties in closely with my long-term theoretical work in metaethics (eg Getting What You Want? A Critique of Liberal Morality (Routledge: London and New York, 1998; and ongoing work around the ultimate justification of morality). Since torture consists in the erasure of a person on the (...) basis of their being an embodied rational agent, that is to say, of their being a person, it requires that the torturer at once recognise and negate the personhood of the person being tortured. The contradiction involved is immediate and integral: torture, one might say, is practical self-contradiction par excellence. For it is embodied rational agents who constitute the subject of any form, and thus of any theory, of morality -- and thus of global social and thus to torture a person is to both accept and deny our identity as embodied rational agents. This work also led to the opportunity for further collaboration with one of the editors, Heather Widdows, this time as part of a larger project on which I have been working for some time – both academically and as an activist -- namely to rescue work from the 1970s and 1980s for the Left. I have so far made two academic contributions: Andrea Dworkin’s Pornography: Men Possessing Women – a Reassessment’, in eds H Marway and H Widdows, Women and Violence: the Agency of Victims and Perpetrators. Palgrave Macmillan: London, forthcoming 2013 and ‘The family and neo-liberalism: time to revive a critique’, Ethics and Social Welfare, forthcoming 2012. (shrink)

I argue that neo-liberalism requires a managerialist view of our universities; and to the extent that managerialism cannot be ameliorated, to that extent neo-liberalism signals the end of universities as places of learning. Rather than calling for “friendlier” management practice, we need to organise opposition by articulating and rallying around some vision of what the ends should be of the university, and which managing such an institution should therefore serve. Such a vision, whatever exactly its details might consist in, would (...) have to be in explicit opposition to the neo-liberal ideal of universities as providers of “flexible” workers for employers and compliant subjects for governments. A precondition of reclaiming our universities from the managerialists, whether they be committed neo-liberal cadres or reluctant bit-players, is to tell the truth; and to be able to tell the truth, one has first to identify it aright. Happily that attempt describes exactly what it is to be an academic. (shrink)

This paper develops a typology of moral problems in business. The cross-classification of two fundamental dimensions of ethical conduct: judgment and motivation, is employed to distinguish four types of moral problems: genuine dilemmas, compliance problems, moral laxity, and no-problem problems. Actual cases are brought to illustrate each type of problem, and corresponding coping strategies are presented. The paper highlights the need to design a dynamic strategy that will take into account the relationships among different types of ethical problems. In its (...) capacities as both an analytical tool for identifying and clarifying an ethical problem and a strategic tool for handling it, the typology has direct implications for developing ethical awareness, assigning accountability, and unfolding typical rationalizations in business activity. (shrink)

Much of the opinion scandalized by recent reports of kidneys being sold for transplant is significantly inconsistent. The sale of kidneys is not substantially different from practices espoused, and indeed endorsed, by many of those who condemn the former. Our moral concern, I suggest, needs to focus on the customer's actions rather than the seller's; and on the implications for larger questions of the considerations to which this gives rise.

This chapter contains section titled: What is Torture? Dershowitz on Interrogational Torture Why Write about Torture? The Agenda.

A major obstacle in the way of any rationalistic understanding of morality is that the moral ‘ought' obliges action: and on the (neo-)Humean view, action is thought to require affect. If, however, one could show that “ordinary” practical reasons are by themselves action-guiding, then moral reasons – a particular sort of practical reasons – also have no need of desire to “move” us to act. So how does the practical ‘ought' work? To answer that, we need to ask what exactly (...) it is to be ‘guided' by reason in theoretical matters. And then we find that, in fact, theoretical reason is to be understood on the basis of practical reason, and not vice- versa. The argument proceeds by way of the internalism/externalism debate; practical and theoretical contradiction; and a critique of Humean assumptions about motivation. If it is broadly right, then the ground may have been cleared for an understanding of moral obligation as rational obligation, which is the larger thesis I have in view. S. Afr. J. Philos. Vol.24(2) 2005: 109-120. (shrink)

A socialist health service cannot be a socialist island in a sea of capitalism, as the record of the British National Health Service shows. Nonetheless, since health is a basic need, it can be a key component of the advocacy of socialism. I propose two central socialist principles. On the basis of these I suggest that a socialist health system would emphasise care rather than service; insist on democratic structures and control of resources; and require the prohibition of private medicine.

The poem elucidates the universal Self, indestructible, immortal and free from the duality of bondage and attachment, knowledge and ignorance. Readers of philosophy and poetry will appreciate the deep, meditative exploration in this 9th-century Advaita Vedanta text. The comprehensive Sanskrit-English word-for-word translation is an invaluable resource for scholars and students of Sanskrit literature.

Getting What You Want? offers a critique of liberal morality and an analysis of its understanding of the individual as a 'wanting thing'.

Triage-like procedures for solving the problems of rationing cannot work. And anyway, why should health- and medical workers carry the can for the economic and political decisions of their managers and our politicians? To foist rationing decisions onto them is a political con-trick, a deliberate attempt to deflect managerial and political responsibility elsewhere. Those on the front line should simply toss a coin; expalin to patients’ friends and relatives that that’s what they’re doing and why; and go public that that's (...) what they're doing. (shrink)

It is commonly held that National Health Service (NHS) workers are under a moral obligation not to go on strike, because doing so might well result in people's dying. Unless sainthood is demanded, however, this position is untenable: indeed, those most vociferously pursuing it are often those who bear the greatest responsibility, on their own grounds, for needless death and suffering.

The employment of foreign workers is one of the most crucial problems today in the domain of work relations. Absorbing workersfrom abroad poses serious questions concerning the moral obligations of the employers as well as the government authorities in the migrantreceiving country. Unfortunately, the moral dilemmas of foreign labor have been largely neglected by business ethics researchers. This paper develops a conceptual framework based on the multinational corporation (MNC) ethical research to help examine the moral obligations of employers and states (...) toward foreign workers, as opposed to citizens. The main argument is that domestic employers, who have the power to affect crucial aspects in the lives of migrant workers, incur obligations to these people and bear moral responsibility for their subsistence. As regards the host country in a universal social order based on the existence of nation-states, the employment of foreign workers poses a genuine ethical dilemma between two valid moral duties: the duty to improve the welfare of nationals and the duty to promote the interests of everyone, regardless of their nationality. (shrink)

This paper is the companion to the “Assessment of Coordination of Legal-Based Efforts across Jurisdictions and Sectors for Obesity Prevention and Control” paper, and the third of four papers outlining action options that policymakers can consider as discussed as part of the National Summit on Legal Preparedness for Obesity Prevention and Control. The goal of this paper is to identify potential action and policy strategies related to coordination across jurisdictions and sectors that can be adopted by policymakers and implemented by (...) practitioners to address the obesity epidemic. The paper examines collaboration among four sectors — community agencies and organizations, schools, health care institutions, and workplaces — and examines collaboration from both vertical and horizontal perspectives. Additionally, the paper is structured around three legal themes — which are posed as questions — to frame the policy action discussion. (shrink)

The ‘Kantian ideal’ is often misunderstood as invoking individual autonomy rather than rational self-legislation. Le Morvan and Stock’s otherwise insightful discussion of ‘Medical learning curves and the Kantian ideal’, for example, draws the mistaken inference that that ideal is inconsistent with the realities of medical practice. But it is not. Rationally to be a patient entails accepting its necessary conditions, one of which is the ineliminable existence of medical learning curves. Their rational necessity, therefore, offers no grounds against a Kantian (...) understanding of how morality might function in the practgice of medicine. (shrink)

This chapter contains section titled: Some Clarifications Three Positive Claims about the Consequences of Legalizing Interrogational Torture The Institutionalization of Interrogational Torture A Torturous Society.

Much of the opinion scandalized by recent reports of kidneys being sold for transplant is significantly inconsistent. The sale of kidneys is not substantially different from practices espoused, and indeed endorsed, by many of those who condemn the former. Our moral concern, I suggest, needs to focus on the customer's actions rather than the seller's; and on the implications for larger questions of the considerations to which this gives rise.

This reference introduces the significance of the natural environment in Japan's ancient culture, in its modern society, and in its future political agendas. It covers nature as a formative phenomenon in Japanese history, religion, philosophy and art; the modern history of Japan's enviromental problems and its successes and failures with dealing with them; the state of Japan's natural enviroment today, how it has been transformed and how this transformation reflects the cultural nexus; the country's grassroots enviromental movements and their sociopolitical (...) significance; and Japan's political culture and the forces which are currently poised to revolutionise the country's official position on the enviroment. It includes personal interviews with specialists from goverment, industry, NGO's and academia. (shrink)

Buttle's reply to my objections to buying kidneys is helpful but unconvincing in two respects. Doing something freely leaves quite open the possibility that one is thereby making a commodity of a person; and the effects of institutionalising such a practice is itself a matter for concern. And while his emphasis on 'power' is important, the concept is hardly less problematic than 'commodification'.

Arising out of one of the annual conferences I organise as Director of the University’s Centre for Applied Philosophy, Politics and Ethics (see http://arts.brighton.ac.uk/research/cappe/) -- ‘Interrogating Terror’ – and from my work on the editorial board of Critical Studies on Terrorism, this collection is published in the Routledge Critical Terrorism Studies series and brings together theoretical and empirical material to challenge the notion that ‘terrorism’ and/or ‘terror’ are transparent, given or limited to non-state agents. Instead, it seeks to expose the (...) political and discursive practices which underlie the use of these terms and which, in doing so, seek to shape our very conceptualisation of what is real. The book has two distinctive features. First, it is interdisciplinary, including contributions from philosophy, law, social policy, media studies, sociology and history. To that extent, the book may also be read as a concrete instantiation of the interdisciplinarity to which my colleagues and I are committed in our undergraduate teaching and our research practices. Second, its format is deliberately designed to foster critical and interdisciplinary engagement, by presenting readers with a series of examples of it. Each chapter is the subject of a commentary from one of the editors, to which each author in turn offers a brief reply. The book thus instantiates, in terms of both authorship and readership, a commitment to collaborative modes of inquiry, in the belief that attending to complex issues – and perhaps especially those bringing theoretical and practical issues together (see also 2009) -- is likely to require a collaborative approach. Dedicated to ‘What’s left of the Left’, the book at once marks a trajectory characterised by an increasing concern to combine academic scholarship and research with activist contributions and to understand how the language of ‘terror’ is coming to shape our political lives. (shrink)