Brief thumbnail sketches capture group interest and show the relevance of ethical considerations in real life situations. Bill Bain has considerable experience of business and is currently a PhD student at the Management School of London University's Imperial College, 53 Prince's Gate, Exhibition Road, London SW7 2PG.

Technology has played a central role in development programming since the inception of development assistance. Recent development organizations, like the Bill and Melinda Gates Foundation, believe technological innovation can improve development outcomes. Development ethics, a field of study focused on the ethical questions posed by development policies and practices, has yet to fully appreciate the ethical dimensions of the science and technology. Addressing this important research and policy gap, we contend that science and technology studies (STS) offers important insights (...) that can be used in combination with development ethics to influence development policies and practices. Utilizing a case study of a private development program in Uganda, we illustrate how STS offers important insights for understanding how a sociotechnical ensemble placed pressure on already scarce water resources. Two dimensions of STS scholarship, the power asymmetries of technological development and the incomplete or partial nature of technoscientific knowledge, are examined and help us to understand how sociotechnical ensembles in development increase the likelihood of the emergence of publics who are negatively impacted by sociotechnical ensembles in development programs. Leveraging STS insights, we argue for the importance of situated ethics—a pragmatic approach to ensuring responsiveness to the emergence of these publics. (shrink)

In this paper I discuss a number of different relationships between two kinds of obligation: those which have individuals as their subject, and those which have groups of individuals as their subject. I use the name collective obligations to refer to obligations of the second sort. I argue that there are collective obligations, in this sense; that such obligations can give rise to and explain obligations which fall on individuals; that because of these facts collective obligations are not simply reducible (...) to individual obligations; and that collective obligations supervene on individual obligations, without being reducible to them. The sort of supervenience I have in mind here is what is sometimes called ‘global supervenience’. In other words, there cannot be two worlds which differ in respect of the collective obligations which exist in them without also differing in respect of the individual obligations which exist in them. (shrink)

Several philosophers think there are important analogies between emotions and perceptual states. Furthermore, considerations about the rational assessibility of emotions have led philosophers—in some cases, the very same philosophers—to think that the content of emotions must be propositional content. If one finds it plausible that perceptual states have propositional contents, then there is no obvious tension between these views. However, this view of perception has recently been attacked by philosophers who hold that the content of perception is object-like. I shall (...) argue for a view about the content of emotions and perceptual states which will enable us to hold both that emotional content is analogous to perceptual content and that both emotions and perceptual states can have propositional contents. This will involve arguing for a pluralist view of perceptual content, on which perceptual states can have both contents which are proposition-like and contents which are object-like. I shall also address two significant objections to the claim that emotions can have proposition-like contents. Meeting one of these objections will involve taking on a further commitment: the pluralist account of perceptual content will have to be one on which the contents of perception can be non-conceptual. (shrink)

According to Wringe 2006 we have good reasons for accepting the existence of Global Collective Obligations - in other words, collective obligations which fall on the world’s population as a whole. One such reason is that the existence of such obligations provides a plausible solution a problem which is sometimes thought to arise if we think that individuals have a right to have their basic needs satisfied. However, obligations of this sort would be of little interest – either theoretical or (...) practical – if they did not give rise, either directly or indirectly, to any kinds of reasons for individuals to behave in certain ways. -/- In this paper, I shall argue that in many situations, forward-looking global obligations give rise to an obligation on individuals to work towards bringing into existence and support an institutional system which will enable their obligations to be met. My argument for this conclusion involves two steps. In the first step, I address a general question about how collective obligations can give rise to individual obligations without being reducible to them, and which obligations they give rise to. Here I give a Kant-inspired argument, based on the principles that ‘ought implies can’ and that the content of the moral law is given by reflecting on how agents should legislate in a kingdom of ends, which is designed to show that collective obligations can give rise to individual obligations. In the second step I apply this principle to the case of global forward-looking obligations. (shrink)

According to Kant, it is impermissible to treat humanity as a mere means. If we accept Kant's equation of humanity with rational agency, and are literalists about ascriptions of agency to collectives it appears to follow that we may not treat collectives as mere means. On most standard accounts of what it is to treat something as a means this conclusion seems highly implausible. I conclude that we are faced with a range of options. One would be to rethink the (...) equation of humanity with rationality. Another would be to abandon the prohibition on treating as a means. The last would be to abandon literalist construals of attribution of agency to collectives. (shrink)

Many philosophers hold that punishment has an expressive dimension. Advocates of expressive theories have different views about what makes punishment expressive, what kinds of mental states and what kinds of claims are, or legitimately can be expressed in punishment, and to what kind of audience or recipients, if any, punishment might express whatever it expresses. I shall argue that in order to assess the plausibility of an expressivist approach to justifying punishment we need to pay careful attention to whether the (...) things which punishment is supposed to express are aimed at an audience. For the ability of any version of expressivism to withstand two important challenges, which I call the harsh treatment challenge’ and the ‘publicity challenge’ respectively. will depend on the way it answers them. The first of these challenges has received considerable discussion in the literature on expressive theories of punishment; the second considerably less. This is unfortunate. For careful consideration of the publicity challenge should lead us to favor a version of the expressive theory which has been under-discussed: the view on which punishment has an intended audience, and on which the audience is society at large, rather than—as on the most popular version of that view—the criminal. Furthermore, this view turns out to be better equipped to meet the harsh treatment challenge, and to be so precisely because of the way in which it meets the publicity challenge. (shrink)

In this paper, I argue that a well-known objection to subsistence rights developed by Onora O'Neill - namely, that such rights would generate obligations without an obligation-bearer, can be answered if we take such rights to impose an obligation on the world's population, taken collectively.

In this paper, I discuss a distinctively non-paradigmatic instance of punishment: the punishment of non-citizens. I shall argue that the punishment of non-citizens presents considerable difficulties for one currently popular account of criminal punishment: Antony Duff’s communicative expressive theory of punishment. Duff presents his theory explicitly as an account of the punishment of citizens - and as I shall argue, this is not merely an incidental feature of his account. However, it is plausible that a general account of the criminal (...) law of the kind of idealized state that Duff focusses on will need to say something about how that law deals with non-citizens. In particular, I claim, it will need to provide a justification for punishing them. Because Duff's account says nothing about the punishment of non-citizens, it cannot do so. Furthermore, although Duff's more recent suggestion that non-citizens should be thought of as being guests in the state on whose territory they are present may provide for an account of their criminalization, it cannot easily be extended into an account that provides a justification for their punishment. (shrink)

Nathan Hanna has recently argued against a position I defend in a 2013 paper in this journal and in my 2016 book on punishment, namely that we can punish someone without intending to harm them. In this discussion note I explain why two alleged counterexamples to my view put forward by Hanna are not in fact counterexamples to any view I hold, produce an example which shows that, if we accept a number of Hanna’s own assumptions, punishment does not require (...) an intention to harm, and discuss whether a definition and counter-example approach is the best way to proceed in the philosophy of punishment. I conclude with a brief exegetical discussion of H.L.A Hart’s Prolegomenon to the Principles of Punishment. (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)

It is sometimes thought that the normative justification for responding to large-scale violations of human rights via the judicial appararatus of trial and punishment is undermined by the desirability of reconciliation between conflicting parties as part of the process of conflict resolution. I take there to be philosophical, as well as practical and psychological issues involved here: on some conceptions of punishment and reconciliation, the attitudes that they involve conflict with one another on rational grounds. But I shall argue that (...) there is a conception of political reconciliation available which does not involve forgiveness and this forms of reconciliation may be the best we can hope for in many conflicts. Reconciliation is nevertheless likely to require the expression of what Darrell Moellendorf has called 'political regret' and the denunciatory role aspect of punishment makes it particularly well-suited to this role. (shrink)

When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connected and widely-admired politician had assaulted an immigrant hotel worker, but by the way in which the accused had been treated by the American authorities. I shall argue that in one (...) relatively minor respect, Strauss-Kahn’s defenders were correct. They were correct to argue that the parading of Strauss-Kahn before the press, in handcuffs - the so-called perp walk - constituted a form of punishment; and thus that it contravened the principle that criminal punishments should only be administered after a fair trial. So-called ‘expressive’ theorists of punishment hold that a form of harsh treatment can only constitute a form of punishment if it has an expressive role. Within the expressive family, we can distinguish between views on which the primary target of the communication to be the society of which either offender, or victim, or both are members—what I call ‘Denunciatory Views’, and views which take the principle target of penal communication to be the offender—such as Antony Duff’s Communicative View. I shall argue that on both a minimal account of punishment and on either kind of expressive view, ‘perp walks’ are a form of punishment. (shrink)

Traditional ecocentric ethics relies on an ecology that emphasizes the stability and integrity of ecosystems. Numerous ecologists now focus on natural systems that are less clearly characterized by these properties. We use the elimination and restoration of wolves in Yellowstone to illustrate troubles for traditional ecocentric ethics caused by ecological models emphasizing instability in natural systems. We identify several other problems for a stability-integrity based ecocentrism as well. We show how an ecocentric ethic can avoid these difficulties by emphasizing the (...) value of the wildness of natural systems and we defend wildness value from a rising tide of criticisms. (shrink)

Nathan Hanna has recently addressed a claim central to my 2013 article ‘Must Punishment Be Intended to Cause Suffering’ and to the second chapter of my 2016 book An Expressive Theory of Punishment: namely, that punishment need not involve an intention to cause suffering. -/- Hanna defends what he calls the ‘Aim To Harm Requirement’ (AHR), which he formulates as follows. AHR: ‘an agent punishes a subject only if the agent intends to harm the subject’ (Hanna 2017 p969). I’ll try (...) to show in this note that Hanna’s latest attempts to defend AHR fail. I’ll start by setting out my own view, drawing attention to one significant, but perhaps understandable, misstatement of Hanna’s. I’ll then discuss two alleged counter-examples that Hanna presents to my view, and show that they both fail in their own terms. I’ll also argue that, given assumptions that Hanna is willing to make a scenario closely related to one that Hanna presents counts against AHR. I’ll then discuss how significant it would be if these counter-examples were successful. My view is that it wouldn’t matter much, and that anyone attracted to abolitionism should agree. I’ll conclude with a brief discussion of Hart, which may be of interest to enthusiasts and Hart scholars. (shrink)

Over the past decade, corporate scandals have proliferated. These scandals, along with the emergence of the #MeToo movement and Environmental, Social, and Corporate Governance (ESG) mandates, have increased the scrutiny of corporations’ ethics culture. How have companies responded in terms of the language appearing in their public ethics documents? We compare the Code of Ethics in 2008 versus 2019 for a sample of S&P 500 firms. For the vast majority of firms, their Code of Ethics lengthened, with the average 2019 (...) code having 29% more words (about 1760 words) than the 2008 average. The language of the codes has also changed. Words such as _bribery, corruption, sustainability, speak up, bullying, slavery,_ and _human rights_ all saw significantly higher usage in the later period. We review possible reasons for the dramatic changes and suggest what questions remain about the motivations behind them. Whether the changes we observe are primarily intrinsically motivated or simply market responses to public pressures is yet to be determined. What is clear from our findings is that society seems to be entering a new age of increasingly moral—or, at least, moralized—corporate governance. (shrink)

Advance directives enable individuals to project their healthcare preferences into a period of anticipated incapacity. With advance directives, individuals can designate whom they would like to have make healthcare decisions for them, or give their healthcare provider advice on what to do, or both. Canada has an unusually wide variety of legislative approaches to advance directives. In what follows we describe and evaluate these, with the aim of pointing the way toward the ideally best legislation and policies on such directives.

Mainstream theories of decision making conceptualise uncertainty in terms of a well-defined probability distribution or weighting function. Following Knight, radical Keynesians consider subjective expected utility (SEU) theory and its variants as a restricted theory of decision-making applicable to situations of risk and, hence, of limited relevance to the understanding of crucial economic decisions under conditions of fundamental uncertainty in which probabilities are ill-defined, possibly non-existent. The objective of this paper is to outline a radical Keynesian theory of decision-making under uncertainty, (...) arguing that Keynes's suggestion to a two-dimensional probability-credence framework provides the basis for determining the limitations of mainstream approaches and points the way forward to the construction of a more general encompassing theory relevant to psychologists and economists outside of the Keynesian tradition. (shrink)

Thomas Pogge has argued, famously, that ‘we’ are violating the rights of the global poor insofar as we uphold an unjust international order which provides a legal and economic framework within which individuals and groups can and do deprive such individuals of their lives, liberty and property. I argue here that Pogge’s claim that we are violating a negative duty can only be made good on the basis of a substantive theory of collective action; and that it can only provide (...) substantive ethical guidance when combined with an account of how collective action gives rise to forward-looking responsibility and/or accountability on an individual level. I consider accounts of these two topics given in work by Peter French and Christopher Kutz; and I argue that neither of them give Pogge what he needs. Although there is a sense in which 'we' can be said to be violating the rights of the worst off, the sense in which this is true does not generate any plausible action-guiding claims for individuals. (shrink)

We examine the occurrence of ethicsrelated terms in 10-K annual reports over 1994-2006 and offer empirical observations on the conceptual framework of Erhard et al. 2007). We use a pre-Sarbanes-Oxley sample subset to compare the occurrence of ethics-related terms in our 10-K data with samples from other studies that consider virtue-related phenomena. We find that firms using ethics-related terms are more likely to be "sin" stocks, are more likely to be the object of class action lawsuits, and are more likely (...) to score poorly on measures of corporate governance. The consistency of our results across these alternative measures of ethical behavior suggests that managers who portray their firm as "ethical" in 10-K reports are more likely to be systematically misleading the public. These results are consistent with the integrity-performance paradox. (shrink)

The vicissitudes of the concept of original choice illustrate the change, and yet the continuity, of Sartre's existentialist thought as he gradually changed the focus of his attentions from psychological to sociological aspects of "the human condition." The relationship of the doctrine to Sartre's own "existential psychoanalysis" is described. The point at which Sartre explicitly repudiated the earlier doctrine of original choice and the general characteristics of his revised doctrine are explicated. In general, Sartre's current position is that the goal- (...) directed structure of human endeavor is a freely-created variation upon the conditioning imposed by society, aiming at liberation from such external determinism. Sartre continues to reject the notion of a causal determinism, psychological or social, which makes the person a product—a "thing"—and which reduces human freedom to the status of illusion. (shrink)

Legal theorists tend to focus on disagreement over the law, and yet a theory of law should also explain why lawyers and judges agree on the law as often as they do. To that end, this article first pins down a precise sense in which there can be pervasive agreement on the law. It then argues that such agreement obtains in the United States and likely in many other jurisdictions as well. Finally, it contends that Hartian Positivism offers a straightforward (...) explanation of this phenomenon and, indeed, a better explanation than rival theories, like Ronald Dworkin’s Law as Integrity or Scott Shapiro’s Planning Theory. Given the ubiquity of legal agreement, Hartian Positivism’s explanatory superiority in this regard is a strong, albeit still not dispositive, consideration in its favour. The broader lesson is that theories of law should give greater priority to explaining legal agreement than many theories now do. (shrink)

This paper examines the role of metalinguistic negotiation in lawyers’ and judges’ speech about the law. A speaker engages in metalinguistic negotiation when the speaker uses a term to advocate for what that term should mean or how it should be used relative to context. While I doubt that legal practitioners employ metalinguistic negotiation in the ways that David Plunkett and Tim Sundell have proposed, it is plausible that practitioners do so in another way. Specifically, I contend that lawyers and (...) judges sometimes use key terms in legal interpretation – e.g., ‘plain’, ‘meaning’, or ‘holding’ – to advocate for what those terms should mean or how courts should use them in adjudication. This suggests an intriguing role for metalinguistic negotiation in legal argumentation, one that could shed light on practitioners’ disputes in a range of cases dealing with constitutional, statutory, or common-law interpretation. (shrink)

Doping poses a threat to sport worldwide. Studies have revealed that, in addition to elite athletes, amateur and recreational sportsmen and sportswomen are making increasing use of performance-enhancing drugs. Worryingly this trend has been documented among young people. Anti-doping efforts seeking to deter elite athletes from doping through detection of the use of prohibited substances are costly and have not been completely effective either at the top-level or the amateur/recreational level. A thoughtful education program, inspired by honesty and respect, might (...) be more effective in shaping attitudes towards doping in young people and protecting their health. For these reasons, the Italian “Lotta al Doping” (Fight Against Doping) project sought to cause a cultural shift in young people by taking anti-doping seminars to high schools. In the 2017-2018 school year we reached more than 20,800 students from 157 high schools through 202 seminars. Before and after the seminars, we administrated anonymous, voluntarily completed surveys with a set of questions (items = 15), taken from the WADA-Play-True-Quiz. Upon completion of the 2-hour seminar, the majority of the answers given by the students resulted correct (13 out of 15 items, p<0.000001, McNemar) confirming the value of the initiative. This project stands out as promising in the doping prevention process at the youth and amateur levels. (shrink)

A major feature of post-colonial theory has been its ability to analyse historical developments of culture: expressions of anti-colonial nationalism; the paradoxical dissolution of the idea of nation along with the continuous persistence of national concerns; the question of language and appropriation; of the transformation of literary genres; the question of ethnicity and its relation to the state. But the broader question for this century concerns the way in which postcolonial theory is positioned to approach the continuing issues of global (...) power, global interaction and cultural difference in the coming century. One answer to this has been a growing, and now well-established, interest in cultural and ethnic mobility, of diaspora, of transnational and cosmopolitan interactions. This article goes beyond this to analyse modernity using the tools of postcolonial theory to argue for the multiplicity of modernities. Modernities proceed in various ways, but the process of transformation demonstrated by the literary model can be adapted to examine the proliferation of alternative and multiple modernities. Special attention shall be given to India and China as alternative modernities to help to re-think the nature of modernity itself. (shrink)

Abstract:The dominant interpretation of Zeus' words at Iliad 20.21, which regards μέλουσί μοι ὀλλύμενοί περ as an expression of sympathy for dying warriors, poses a number of serious contextual and lexical problems. This article argues that Il. 20.21 is not an expression of compassion, but attention. Zeus is not concerned for dying warriors, but attentive to them, as indeed his deadly βουλή (Il. 20.20) requires him to be. The interpretation of Il. 20.21 has relevance to questions of great significance for (...) the interpretation of the Iliad, including Zeus' relationship to humans and the meaning of the Διὸς βουλή. (shrink)

Ronald Dworkin’s argument from theoretical disagreement remains a pressing challenge for legal positivists. In this paper, I show how positivists can answer Dworkin’s argument without having to attribute confusion or disingenuity to legal officials. I propose that the argument rests on two errors. The first is to assume that positivism requires legal officials to converge on precise grounds of law when convergence on more general grounds will do. The second is to construe judicial speech too literally. If we pay attention (...) to the pragmatics of judicial speech, we see that judges do not disagree over what the grounds of law are; they at most disagree over how courts should proceed when agreed-upon, though imprecise, grounds of law underdetermine what the content of the law directs in the case at hand. (shrink)

Through case studies that highlight the type of information that is seldom reported in the news, Faces of Environmental Racism exposes the type and magnitude of environmental racism, both domestic and international. The essays explore the justice of current environmental practices, asking such questions as whether cost-benefit analysis is an appropriate analytic technique and whether there are alternate routes to sustainable development in the South.

(1997). Refocussing the subject: The anarchopsychological tradition revisited. Educational Philosophy and Theory: Vol. 29, No. 1, pp. 89-106. doi: 10.1111/j.1469-5812.1997.tb00530.x.

Through case studies that highlight the type of information that is seldom reported in the news, Faces of Environmental Racism exposes the type and magnitude of environmental racism, both domestic and international. The essays explore the justice of current environmental practices, asking such questions as whether cost-benefit analysis is an appropriate analytic technique and whether there are alternate routes to sustainable development in the South.

On 18 June 2003, just before the first strand of the UK government’s three‐strand (scientific, economic and social) inquiry into genetically modified (GM) foods was to publish its conclusions,1 The...

Ambivalence—where we experience two conflicting emotional responses to the same object, person or state of affairs—is sometimes thought to pose a problem for cognitive theories of emotion. Drawing on the ideas of the Stoic Chrysippus, I argue that a cognitivist can account for ambivalence without retreating from the view that emotions involve fully-fledged evaluative judgments. It is central to the account I offer that emotions involve two kinds of judgment: one about the object of emotion, and one about the subject's (...) response. (shrink)