The debate about children in art and the surrounding morality started with Bill Henson's photographs of naked pubescent children. It is wider now, extending in several directions. In particular, into freedom of speech , and its association with freedom in art This article explores these issues with particular regard to Hensons photographs; and the application of several of the moral theories to this issue.

The natural instinct for members of the Committee on Publication Ethics, which now number almost 12,200, as well as academia, is to assume that this organization works under strict and clearly defined ethical parameters, with a solid vision, and an independent mandate that is not influenced by power, think tanks, or partisan interests. Naturally, whistle-blowing and science shaming are not practices that one would usually associate with an ethics organization like COPE, because they involve ethically and morally questionable (...) practices. Despite this, ethical borders have become blurred between the objectives of Retraction Watch and PubPeer, two self-moderated science watchdogs that rely heavily on these questionable practices, in their efforts to grow and survive, and the values espoused by COPE. A Retraction Watch post, in which the former COPE Chair, Virginia Barbour, made a claim of apparent harassment, is the most striking example of the dangers when collaboration may take place between science-shaming websites, and an ethics organization, COPE. These bonds appear to have been in development for a number of years already, with the inclusion of Elizabeth Wager, the former COPE Chair, as a director of The Center for Science Integrity Inc., Retraction Watch’s parent organization. Retraction Watch was financed by, among other groups, the Laura and John Arnold Foundation, whose leader, John Arnold, an ex-Enron trader, declared a “war on bad science”, which may naturally include the destruction of aspects of science as well. Retraction Watch embraces several infamous pseudonymous personas under the broad umbrella of freedom of speech, liaising thereby with PubPeer. There is no doubt that errors in the literature need correcting, but this apparent connection with COPE raises questions about the basic ethical foundation of this relationship. Are scientists to embrace this bond between COPE and science watchdogs and pseudonymous whistle-blowers as the new normal in the correction of the scientific literature? This opinion piece puts forward arguments why the author believes that the ethical compass of COPE has become skewed. (shrink)

Freedom of speech has been essential in building democracy in Lithuania after regaining its independence. Exercise of the constitutional freedom of expression within the societies following constitutional values is the major factor shaping the political will of citizens. Wide-ranging, all round public discussion about all public interest issues is possible only when it is subject to due freedom of information. In indirect democracy, strong disseminator of information acting between citizens and the Parliament able to create (...) the field for discussion and mutual impact is a necessity. Significance, quality, all-roundedness of discussion on all public interest issues is the major factor determining correct choices of citizens and politicians. Restriction of freedom of expression and information or prohibition of free search, receipt and dissemination thereof shall be considered as subjugation of a human being as a free and autonomous creature. Freedom of speech is a highly important feature in building democracy. The media in Lithuania during two decades of democracy building has actively made the use of freedom of self-expression. The courts have solved a lot of case-laws, where freedom of speech, honour, dignity and private life were at stake. The Parliament, the Constitutional Court, the European Court of Human Rights in Strasburg, the Government, the Inspector of Journalist Ethics and the Commission on Journalists and Publishers Ethics, the courts of Lithuania – all institutions took part in the process of defining freedom of speech and its limits in Lithuania during two decades of its independence. The purpose of this publication is to identify if the case-law of Lithuania’s courts in balancing the contradictions between the freedom of self-expression and personal dignity, honour and private life is in line with the Convention for the Protection of Human Rights and Fundamental Freedoms, jurisprudence of the Human Rights Court in Strasbourg. Defining if the case-law of Lithuania’s courts are in line with the jurisprudence of the Human Rights Court in Strasbourg, the research is concentrated on legal tests applied in the case-law of freedom of speech – distinguishing between public and private figures, estimating disseminated information as facts or value-judgments, freedom of speech decriminalization problems, compensation in respect of pecuniary damage. (shrink)

The article presents different theories and comparative analyses of freedom of speech in both liberal and non-liberal traditions. Whereas freedom of speech is not an absolute right, the question is if this right should depend wholly on the truth of the respective opinion or statement. Theories that justify free speech on the grounds of autonomy, tend to make truth a moral requirement of speech. Theories based on civility and public reason do restrict freedom of speech even (...) further, often making a form of recognition a precondition of free speech. This reveals to be particularly relevant in multicultural contexts and discussions about blasphemy. From this overview of contemporary, global comparative debates on free speech, the article draws some conclusions. First, there should be the absolute primacy of free speech regarding governments and the powerful: Speak truth to power. Second, free speech should underlie no constraints where important individual rights are at stake. Third, academic freedom has a special status and should not be subject to the same limits as freedom of expression more generally. Forth, in civil society and the public sphere a more moderate approach to free speech should be adopted based on civility, public reason and recognition. Yet, any limits should be of moral and not legal nature. (shrink)

The fostering of an Internet societal infrastucture which is consciously ethical, is needed to curtail the new era of global irresponsibility that is at hand. The positive view advanced is contrasted with a scenario of the silencing of a moral Internet community using regulatory constraints, an extension of broadcast techniques, "brain-free" hardware, and control by multi-national corporations. This positive scenario is dependent on the evolution of a moral and responsible Internet global citizenry. The global citizen will recognise that in creating (...) an era of peace and negotiation, the traditional boundaries of nation or of cultural difference may be radically redefined, but not destroyed. Two central problems, that of establishing an acceptable moral basis for global citizenship, and that of enabling the integrity of cultural and ethnic groups to be maintained in a global electronic environment, are discussed. A primary task for the Internet community is to establish a Code of Ethics. This could be based on the following principles: a strong and coherent Internet infrastructure; maintenance of interconnectivity; open Internet commerce; privacy of communications; freedom of speech within the Internet ; universal Internet access; freely accessible "public good" information; mediation between national and global organizations in the interests of the Internet; authentication of information ; and maintenance of adequate bandwidth. These principles encompass some of the fiercest debates of the Internet regulatory environment, including those on issues of cryptography, copyright, software patents, first-level domain names, and pornography. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 31.2 (2001) 71-84 [Access article in PDF] Freedom from Speech (or the Silent Demand) Amit Pinchevski Speak, you also, speak as the last, have your say. —Paul Celan, "Speak, You Also" The language of awaiting—perhaps it is silent, but it doesnot separate speaking and silence; it makes of silencealready a kind of speaking; already it says in silence thespeaking that silence is. For mortal silence does not (...) keep still. —Maurice Blanchot, The Writing of the DisasterWhereas ethical questions have challenged concepts of self, identity, and society, the concept of freedom of speech—and its place in recent discussions on pluralism and multiculturalism—has remained largely unproblematized. The challenge I wish to propose here does not touch directly on the positive right to speak, nor on the limitations impeding free speech, but rather on the other side of speaking, on the Other's side of this freedom. Does the concept of freedom of speech carry in itself and as such an ethical significance?Freedom of speech has been an important element in modern social philosophy, occupying the works of traditional liberalists such as John Stuart Mill, progressive thinkers like John Dewey and Walter Lippmann, as well as the critical pragmatist Jurgen Habermas, to name but a few. Such accounts regarded the freedom of speech as a social practice based on the stature of the speaking self, on its innate right to speak and to be heard. It is the right to a "podium"—a space and a time in the public sphere—and the right to declare a priori: "I have something to say important enough for others to hear." Hence, the first word of this speech is an assertion of importance, not only of the speech per se, but also the importance of the speaker: self-importance. Is this kind of speaker interested in something beyond his or her fully legitimate right and ability to perform as speaker? Is there any room for the silent Other? Moreover, doesn't the practice of freedom of speech tacitly presuppose that someone else is already relegated to listening, to the passive side of this action? If this is indeed true, such a way of communicating would be, to use Gemma Corradi Fiumara's thoughtful insight, a reduced-by-half notion of logos—an address by the one who knows how to speak but does not (need to) know how to listen [54-55]. A halved model of speaker and address would thereby constitute only half of an ethical discourse. The remaining half would lie where speech does not eclipse the Other's silence, where the Other's silence has its "say." How can [End Page 71] one speak and still hear the Other's call, whether silent or audible? And even more importantly, what is the Other's silence "saying"?It is my contention that free speech is never carried out in an "Otherless" sphere, that is, untainted by the Other's demand to be responded to. It follows that the moral veneration invested in the concept of free speech implies a certain heedlessness of otherness, and that radically free speech is self-absolved from its fundamental response-ability rather than rightfully free. A responsible speaker (or writer) may then be viewed as the one whose freedom to speak is exposed to the Other's demands, and for whom this freedom is his or her onus to respond to the Other's call. The witness speaks for someone who cannot speak for him- or herself; the witness's freedom of expression is subjected to the responsibility for Others. One remarkable witness was the writer Primo Levi, who devoted his life to responding to the living and to the dead: his greatest burden was his freedom to speak. Perhaps delaying or deferring the emergence of the speaking self might thereby allow the Other's call to emerge and summon witnessing. Beyond Speech Acknowledging the existence of Others in every address depends upon developing a sense of otherness, that is, sensitivity to the Other. It requires an awareness of the fundamental setting in which an... (shrink)

This open access monograph argues established democratic norms for freedom of expression should be implemented on the internet. Moderating policies of tech companies as Facebook, Twitter and Google have resulted in posts being removed on an industrial scale. While this moderation is often encouraged by governments - on the pretext that terrorism, bullying, pornography, “hate speech” and “fake news” will slowly disappear from the internet - it enables tech companies to censure our society. It is the social media companies (...) who define what is blacklisted in their community standards. And given the dominance of social media in our information society, we run the risk of outsourcing the definition of our principles for discussion in the public domain to private companies. Instead of leaving it to social media companies only to take action, the authors argue democratic institutions should take an active role in moderating criminal content on the internet. To make this possible, tech companies should be analyzed whether they are approaching a monopoly. Antitrust legislation should be applied to bring those monopolies within democratic governmental oversight. Despite being in different stages in their lives, Anne Mette is in the startup phase of her research career, while Frederik is one of the most prolific philosophers in Denmark, the authors found each other in their concern about Free Speech on the internet. The book was originally published in Danish as Dit opslag er blevet fjernet - techgiganter & ytringsfrihed. Praise for 'Your Post has been Removed' "From my perspective both as a politician and as private book collector, this is the most important non-fiction book of the 21st Century. It should be disseminated to all European citizens. The learnings of this book and the use we make of them today are crucial for every man, woman and child on earth. Now and in the future.” Jens Rohde, member of the European Parliament for the Alliance of Liberals and Democrats for Europe “This timely book compellingly presents an impressive array of information and analysis about the urgent threats the tech giants pose to the robust freedom of speech and access to information that are essential for individual liberty and democratic self-government. It constructively explores potential strategies for restoring individual control over information flows to and about us. Policymakers worldwide should take heed!” Nadine Strossen, Professor, New York Law School. Author, HATE: Why We Should Resist It with Free Speech, Not Censorship. (shrink)

Photo by Hannah Busing on Unsplash INTRODUCTION Religion has long provided guidance that has led to standards reflected in some aspects of medical practices and traditions. The recent bioethical literature addresses numerous new problems posed by advancing medical technology and demonstrates an erosion of standards rooted in religion and long widely accepted as almost axiomatic. In the deep soul-searching that pervades the publications on bioethics, several disturbing and dangerous trends neglect some basic lessons of philosophy, logic, and history. The bioethics (...) discourse on medical aid in dying emphasizes similarity over previously recognized important distinguishing features. For example, it overplays a likeness between assistance in dying and the withdrawal of life-saving technology. In many bioethics’ topics, arguments based on a logical continuum are used to question the lines demarcating important moral differences. l. The Line Between Ethical and Not: Logic Based on Continuum Careful case selection, often either end of a continuum, allows the tearing down or ridiculing of many rules and codes across most professions and fields of interest. This situation holds true for traffic laws as well as medical ethics guidelines. It is relatively simple for those who desire to attack a particular viewpoint by selecting a case that makes that position seem untenable. In the ethics realm, good and bad medicine exist at opposite ends of an ethical continuum, with many practices lying in between. For example, much of medical ethics exists between the Nazi criminal physicians and the most sainted nurse or physician. A gradual progression occurred over less than two decades from a utilitarian position that supported limited euthanasia for those with certain mental illnesses to genocide. German society embraced a utilitarian ethic in which the value of human life no longer was intrinsic but instrumental.[1] Many morally significant points on a continuum were then ignored as the misguided utilitarian policy rampantly continued. A point in the continuum to distinguish between ethically justifiable and that which is not can be difficult to identify compared to the two extremes. This continuum is not unique to ethics but can be applied to almost any other aspect of human life and endeavor. Between a severely ill schizophrenic person and a superbly well-adjusted individual, there is a continuum of mental and psychological function. The existence of a continuum should not paralyze thinking and prevent us from drawing lines and identifying moral differences based on objective criteria as well as moral philosophy. Yet, by focusing on a continuum, many bioethicists use logic to disregard dividing lines between an "ethical" and an "unethical" act. Unfortunately, sometimes bioethicists draw revolutionary conclusions that would change the scope of medical practices which is accepted as ethical. There are many examples of similar shifts on the continuum. Many authors argue for the ethical permissibility of abortion by pointing out that the human fetus is no different in various characteristics, one arguing it is as like an ape or chick as it is like a person,[2] and does not achieve unique human and individual characteristics until well into the first year of life.[3] While human fetuses arguably do not have certain distinctive qualities of personhood, most people shy away from the logical next conclusion: permitting infanticide. For example, Joshua Lederberg condemns infanticide, in the face of biological illogic, because of our emotional commitment to infants, to me, a relatively weak explanation. Sir Francis Crick suggests we might consider birth at two days of life in order to decide whether an infant is a "suitable" member of society.[4] Giublini and Minerva suggest that infanticide should be permissible since late pregnancy abortions are permissible, arguing there is no significant difference between a fetus just before birth and an infant just after birth.[5] Clearly the continuum approach would allow for subjective arguments in favor of later infanticide at other points many days post-birth. Years ago, with a cynical tone, I mentioned infanticide as a further step on the continuum beyond abortion, and I was rightly shouted down as being deliberately provocative to assert the logic would ever stretch so far. While it is not an accepted mainstream position, the movement in academic settings from widespread condemnation to limited possible acceptance of infanticide has taken place in an incredibly short time. Public opinion and medical opinion in these areas have shifted dramatically in a short time. In another area, from a biological and chemical point of view, there is a continuum from man down to a single carbon atom. Yet, it would not seem logical to ignore the emotional differences, the meaning of personhood, or the moral distinction between killing an insect and killing a person. ll. A False Continuum: Medical Aid in Dying I assert that there has been an erosion of ethical guidelines in recent years attributable to using continuums to camouflage important distinctions. James Rachels’ work on active and passive euthanasia, which contends that the two are ethically identical, exemplifies that logic.[6] He illustrates this thesis, using a continuum to compare different scenarios with like consequences as morally equivalent, by comparing the deliberate drowning of a child with a deliberate failure to rescue a drowning child when easily able to do so. The author's comparison proposes that since much of the medical profession has already made peace with withholding treatment in order to hasten death, consistency inexorably demands that we permit active euthanasia as well.[7] When permission for active euthanasia was first introduced, it was limited exclusively to patients suffering severely from an intractable, incurable, and irreversible disease. These guidelines have been continuously eroded. There is now a substantial serious consideration for permitting active euthanasia of healthy elderly individuals who feel that they have completed their lives and are "tired of living."[8] There are many moral and factual differences along the ethical continuum. In human life, there is a difference between a live baby and a fetus, between a viable fetus and one that is not, between a fetus and a zygote, and between a zygote and a sperm cell. Similarly, there is a difference between pulling a trigger to kill someone and not interfering in preventing his death, which is reprehensible though both may be. There is a difference between not resuscitating an 80-year-old man with cancer when his heart stops and injecting him with a fatal dose of potassium chloride. I argue that an overt act of taking life repels civilized human beings is to be commended and encouraged as the reverence for human life or even for just a moment of human life is one of the great contributions of our civilization. CONCLUSION As an orthodox Jew, I feel that divinely inspired guidelines that have stood the test of centuries shape my beliefs, and such guidelines contradict medical aid in dying. I cannot speak to the viewpoint of those who do not access religion in defining their moral stance, nor do I implicate them in the current bioethics' trends, as I am not aware of the personal role of religion in the lives of most such authors. While many nonreligious people have a firm philosophical grounding and oppose medical aid in dying, I suggest that in the absence of any religious or other absolute standards, developing logically defensible ethical guidelines may be challenging. At the least, religion may play a role in defining the points on the continuums that are ethically meaningful and refuting the trending beliefs that if the endpoint is the same, allowing different methods of arriving at that end are somehow ethically equal. The continuum of ways death may result does not negate analysis of whether death is brought about in ways that recognize the importance of life. The German philosopher Hans Jonas said, "It is a question whether without restoring the category of the sacred, the category most thoroughly destroyed by the scientific enlightenment, we can have an ethics able to cope with the extreme powers that we possess today and constantly increase and are compelled to use."[9] While countries vary on the role of religion in policy, with many emphasizing freedoms of religion, a recent position paper released by a group of Jewish, Christian, and Moslem leaders suggested the need for agreement on the unique sanctity of human life.[10] I would recommend that such a document serve as an example of consensus on critical foundational bioethical guidelines for democratic secular societies. - [1] Alexander L Medical science under dictatorship. New England Journal of Medicine, 241, p39-47 DOI10.1056/NEJM194907142410201 [2] Lederberg J. A geneticist looks at contraception and abortion, Annals of Internal Medicine 67, sup 2, 25-27. https:/doi.org/10.7326/0003-4819-67-3-25 [3] Ibid. [4] Editorial, Sociology: Logic of biology. Nature 220, 429 https://www.nature.com/articles/220429b0 [5] Giublini A Minerva F After-birth abortion: why should the baby live. J Med Ethics 39, 261- [6] Rachels J Active and passive euthanasia. New England Journal of Medicine 292, 78-80 [7] Ibid. [8] Cohen-Almagor R Euthanizing people who are "tired of life". in Euthanasia and Assisted Suicide-Lessons from Belgium. Ch 11 of Euthanasia and Assisted Suicide, Cambridge University Press pp173-187. 2017 and DOI; https://doi.org/10.1017/9781108182799.012 [9] Hans Jonas, Technology and Responsibility: Reflections on the New Tasks of Ethics, 1972, found as Chapter IX, Philosophical Essays, 1980. https://inters.org/jonas-technology-responsability [10] A position paper of the Abrahamic Monotheistic religions on matters concerning the end-of-life. Vatican Press 28 October 2019 https://press.vatican.va/content/salastampa/en/bollettino/pubblico/2019/10/28/191028f.html. (shrink)

ABSTRACT The paper has to do with Peter Singer's statement ‘A German Attack on Applied Ethics’, and particularly with the claim that those who protested against his speaking at conferences in Europe in 1989 failed to recognise his right to freedom of expression. I argue that the right to free expression does not mean that we may say anything at all, to anyone at all, anywhere at all. Visitors to foreign countries, for example, have some obligation to be (...) sensitive to local concerns. I also argue that there is an important difference between free expression, which is a basic right, and regular access to public platforms, which is a special right or privilege. This special right or privilege goes with certain jobs and professions, and could not be made universal. The German and Austrian protests against Singer temporarily deprived him of the privilege of access to a platform but were not attacks on the basic right of free speech as such. In fact the protests themselves could be regarded as a legitimate exercise of the right of free expression. (shrink)

In authoritarian states, the discourse on freedom of speech, conducted by those opposed to non-democratic governments, focuses on the core aspects of this freedom: on a right to criticize the government, a right to advocate theories arid ideologies contrary to government-imposed orthodoxy, a right to demand institutional reforms, changes in politics, resignation of the incompetent and the corrupt from positions of authority. The claims for freedom of speech focus on those exercises of freedom that are most (...) fundamental and most beneficial to citizens - and which are denied to them by the government. But in a by-and large democratic polity, where these fundamental benefits of freedom of speech are generally enjoyed by the citizens, the public and scholarly discourse on freedom of speech hovers about the peripheries of that freedom; the focus is on its outer boundaries rather than at the central territory of freedom of speech. Those borderline cases, in which people who are otherwise genuinely committed to the core aspects of freedom of speech may sincerely disagree, include pornography, racist hate speech and religious bigoted expressions, defamation of politicians and of private persons, contempt of court, incitement to violence, disclosure of military or commercial secrets, advertising of merchandise such as alcohol or cigarettes or of services and entertainment such as gambling and prostitution. (shrink)

This paper aims to explore conceptual relationships between philosophical developments to support freedom of speech in John Milton´s Areopagitica and Johann Gottlieb Fichte´s Reclamation of the Freedom of Thought. I intend to enhance the philosophical heritance collected and recreated by Fichte. This paper hypothesizes that both theories state that freedom of speech is a condition for the development of morality. In both cases, moral deliberation has a public character, given that moral judgment needs the consideration of (...) different viewpoints about the question at stake. Finally, in both cases, it is defended a republican concept of power, characterized by opposition to moral paternalism, as a form of despotism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Public Health Ethics: Health by the NumbersMartina Darragh (bio) and Pat Milmoe McCarrick (bio)Hippocrates had nothing to say about public health. Rather, the idea that a government should protect its citizens from disease by maintaining sanitary conditions has its origin in Renaissance humanities texts, and the notion that physicians have public health responsibilities emerged in the works of such Enlightenment authors as Johann Peter Frank, (...) Benjamin Rush, and John Gregory (II, Coughlin and Beauchamp 1996). When the spread of infectious diseases such as typhoid and cholera accompanied the growth of the Industrial Revolution, England was the first to respond by passing the Public Health Act of 1848. The motivation for this reform was not based in humanitarian concerns but in the realization that unsanitary conditions were costly to industry. “... [The] founders of the public health movement were guided by nineteenth century utilitarian moral theories... the greatest good for the greatest number... accompanied by a growing appreciation for the innate value and dignity of mankind... however, the rights and autonomy of individuals have not always been respected in pursuing these important objectives” (I, Coughlin 1995, p. 1).Public health projects have dramatically improved global health status. One measure of their success is that “... most poor people now live longer, on average, than the wealthiest people a century ago” (I, Beaglehole and Bonita 1997, p. 13) These projects are not limited to such activities as disinfecting sewers. “Public health is what we, as a society, do to collectively assure the conditions in which people can be healthy. This requires that continuing and emerging threats to the health of the public be successfully countered. These threats include immediate crises, such as the AIDS epidemic; enduring problems, such as injuries and chronic illness; and impending crises foreshadowed by such developments as the toxic by-products of a modern economy” (I, Institute of Medicine (IOM) 1988, p. 1) The practice of public health has embraced this IOM challenge and includes the subspecialties of epidemiology, health promotion and education, public health administration, international health, maternal and child health, biostatistics, environmental health, and nutrition. This annotated bibliography focuses on epidemiology, [End Page 339] health promotion and education, and public health administration, and includes a wide variety of opinions on each topic.EpidemiologyAt first glance, it is hard to see what ethical issues could arise in population studies of the causes and control of illness. Disclosure of risk information in the clinical encounter is complicated by issues of uncertainty with regard to the data itself. Causation and causal inference may be affected by “wish bias,” leading to studies that use the same data but reach widely varying conclusions (II, Weed 1997). Given the complexity of the statistical calculations used to validate public health recommendations, and mass media’s portrayal of them, the public may be unintentionally deceived by population-based recommendations (V, Seedhouse 1997; II, Lupton 1995). With the addition of genetic screening, another layer of statistical complexity is added to this mix (VI, Stone and Steward 1996).Health Promotion and EducationIncreased life expectancy brought about by advances in public health has raised a new set of problems. With the realization that illness can be promoted in part by individual life-style choices, population-based recommendations about risk factors become important in the clinical encounter. This shift is not without difficulties; one author notes that he has yet to receive any risk information from his physicians, even when he asks “the experts” (V, Dugdale 1998). This may be due in part to the fact that “... public health lacks a vocabulary with which to speak about and identify commonalities among health problems experienced by very different populations” (IV, Mann 1997, p. 8). Furthermore, the mix of disciplines informing health promotion activities (sociology, psychology, recreation medicine, and the like) creates an illusion of shared ethics where none exists, which in turn leads to programs based on value systems that may not be meaningful for the populations they serve (V, Seedhouse 1997).Given these factors, a number of authors are skeptical of introducing public health measures into the clinical encounter. “We might do well to encourage people to live lives of modified hedonism so that they might... (shrink)

Although modern Republicanism, which highly values the right of freedom of speech, finds its inspiration in the historical reality of the Roman Republic, it seems that in the course of the Republican period citizens shared a recognised ability to speak freely in public, but did not enjoy equal status with one another in the domain of speech as protected by law. Of course, Republican Rome knew laws regulating free speech and perhaps even later provisions had been passed concerning (...) iniuria. However, in these cases, as later on under Augustus, these measures acted as means of restraint and inhibition and did not directly address the right of the individual to speak freely. The fundamental question this paper addresses is why, in the course of the Republic, the right to speak freely was not protected by law and never came to be recognised as a formalised subjective right in Republican Rome. The answer, I argue, lies in the fact that in Rome speaking freely was conceived as the positive moral quality that characterised a natural ability of human beings, and thereby it could not have provided a field of legislation. It follows that the Roman Republic would not have passed the ‘straight talk test’ that modern Republicanism requires for the establishment of a free and just society. However, Republican Rome invites us to think about liberty of speech as belonging to the realm of ethics: as a moral quality sustained by contemporary social norms, not subject to legislation, which inevitably ends up protecting the interests of a group or groups and their specific speech regimes. (shrink)

In this article, I address some central issues in journalism ethics from a fresh perspective, namely, one that is theoretical and informed by values salient in sub-Saharan Africa. Drawing on a foundational moral theory with an African pedigree, which is intended to rival Western theories such as Kantianism and utilitarianism, I provide a unified account of an array of duties of various agents with respect to the news/opinion media. I maintain that the ability of the African moral theory to (...) plausibly account for issues such as proper content, investigative ethics, and freedom of speech means that it should be taken seriously by media ethicists and merits being paired up against competing approaches in future work. (shrink)

: The present work analyses Content Moderation, focusing on ethical concerns and cognitive effects. Starting from a general description and history of the moderation process, it stresses some ethical problems: quality of moderation, transparency, and the working conditions of human moderators. Using some of Facebook leaked slides offering examples of moderation, we define some controversial rules and principles for Commercial Content Moderation. These examples highlight a general lack of coherency and transparency, which has the potential to affect users’ cognitive attitudes, (...) their perception of reality, and their freedom of speech. Such effects are studied in comparison to other well-known online cognitive phenomena and in relation to the most recent dedicated legislation in EU countries. The current Content Moderation scheme leaves users at risk of specific cognitive distortions, highlighting the urgent need for greater transparency throughout the moderation process and better working conditions for moderators. Keywords: Content Moderation; Freedom of Speech; Epistemic Bubble; Technology Ethics Commercial Content Moderation: un oscuro labirinto per la libertà d’espressione e le opinioni degli utenti Riassunto: Il presente lavoro offre un’analisi approfondita della moderazione di contenuti, concentrandosi sulle problematiche etiche e sugli effetti cognitivi. A partire da una introduzione ai concetti chiave e alla storia della moderazione di contenuti online, si concentra su alcuni problemi etici primari: la qualità della moderazione, la sua trasparenza e le condizioni di lavoro dei lavoratori. Utilizzando dei documenti formativi interni di Facebook, pubblicati da un quotidiano e dagli esempi in essi contenuti, definiremo le controverse regole e i principi della Commercial Content Moderation. Ne emerge una generale mancanza di coerenza organizzativa e di trasparenza nel processo, che mostra potenziali effetti dannosi sulle attitudini degli utenti, sulla loro percezione della realtà e la loro libertà di parola. Tali effetti saranno studiati in confronto con i più conosciuti effetti cognitivi del mondo dei social ed in relazione alle più recenti disposizioni di leggi europee in merito. Gli schemi attualmente in uso producono degli specifici effetti di distorsione cognitiva e conseguentemente mostrano l’importanza di una maggiore attenzione alla trasparenza del processo e alle condizioni di lavoro dei moderatori. Parole chiave: Moderazione di contenuti; Libertà di parola; Bolla epistemica; Etica della tecnologia. (shrink)

Physicians expressing opinions on medical matters that run contrary to the consensus of experts pose a challenge to licensing bodies and regulatory authorities. While the right to express contrarian views feeds a robust marketplace of ideas that is essential for scientific progress, physicians advocating ineffective or dangerous cures, or actively opposing public health measures, pose a grave threat to societal welfare. Increasingly, a distinction has been made between professional speech that occurs during the physician-patient encounter and public speech (...) that transpires beyond the clinical setting, with physicians being afforded wide latitude to voice empirically false claims outside the context of patient care. This paper argues that such a bifurcated model does not sufficiently address the challenges of an age when mass communications and social media allow dissenting physicians to offer misleading medical advice to the general public on a mass scale. Instead, a three-tiered model that distinguishes between citizen speech, physician speech and clinical speech would best serve authorities when regulating physician expression. (shrink)

JOHNSTONE M‐J. Nursing Inquiry 2012; 19: 107–115 [Epub ahead of print]Academic freedom and the obligation to ensure morally responsible scholarship in nursingAcademic freedom is generally regarded as being of critical importance to the development, improved understanding, and dissemination of new knowledge in a field. Although of obvious importance to the discipline of nursing, the nature, extent and value of academic freedom and the controversies surrounding it have rarely been considered in the nursing literature. It is a key (...) aim of this paper to redress this oversight by providing a brief examination of: (i) the principle of academic freedom; (ii) the distinction between academic freedom, freedom of speech, and the academic freedom to publish; (iii) the problem of ideological judgments being dressed up as scientific or discipline judgments to supports ‘bad’ conclusions; and (iv) the standards that might otherwise be appealed to for determining whether maverick manuscripts supporting morally abhorrent conclusions should be accepted for publication. It is suggested that the tenets of academic freedom require robust international debate, with due attention being given to such issues as the development of an international declaration on academic freedom to publish in nursing, how to ensure a robust rebuttal system in nursing journals to counter specious scholarship, and how to better promote the letters pages of nursing journals as a venue for facilitating debate on controversial issues. (shrink)

Information and Communication Technologies have profoundly changed many aspects of life, including the nature of entertainment, work, communication, education, healthcare, industrial production and business, social relations and conflicts. They have had a radical and widespread impact on our moral lives and hence on contemporary ethical debates. The Cambridge Handbook of Information and Computer Ethics, first published in 2010, provides an ambitious and authoritative introduction to the field, with discussions of a range of topics including privacy, ownership, freedom of (...) speech, responsibility, technological determinism, the digital divide, cyber warfare, and online pornography. It offers an accessible and thoughtful survey of the transformations brought about by ICTs and their implications for the future of human life and society, for the evaluation of behaviour, and for the evolution of moral values and rights. It will be a valuable book for all who are interested in the ethical aspects of the information society in which we live. (shrink)

Freedom of speech is a fundamental liberty that imposes a stringent duty of tolerance. Tolerance is limited by direct incitements to violence. False notions and bad laws on speech have obscured our view of this freedom. Hence, perhaps, the self-righteous intolerance, incitements and threats in response to Giubilini and Minerva. Those who disagree have the right to argue back but their attempts to shut us up are morally wrong.

In his 2007 PESA keynote address, Paul Smeyers discussed the increasing regulation of child‐rearing through government intervention and the generation of ‘experts’, citing particular examples from Europe where cases of childhood obesity and parental neglect have stirred public opinion and political debate. In his paper (‘Child‐Rearing: On government intervention and the discourse of experts’, this issue), Smeyers touches on a number of tensions before concluding that child‐rearing qualifies as a practice in which liberal governments should be (...) reluctant to intervene. In response, I draw on recent experiences in Australia and argue that certain tragic events of late are the result of an ethical, moral and social vacuum in which these tensions coalesce. While I agree with Smeyers that governments should be reluctant to ‘intervene’ in the private domain of the family, I argue that there is a difference between intervention and support. In concluding, I maintain that if certain Western liberal democracies did a more comprehensive job of supporting children and their families through active social investment in primary school education, then schools would be better equipped to deal with the challenges they now face. (shrink)

In the aftermath of the ‘Brexit’ referendum two pieces of campaign material used by the successful Leave campaign proved controversial: a slogan on the side of a bus fallaciously implying that leaving the EU would necessarily free up £350 million a week for the NHS; and a poster stating that Britain was at “Breaking Point” – purportedly due to an influx of migrants – that was redolent of Nazi propaganda. This paper analyses and develops some criticisms that were levelled at (...) the Leave campaigners who authorised these from the perspective of political liberalism. It concludes that those behind the Breaking Point poster could justifiably have been subject to non-criminal sanction by institutions such as the Electoral Commission, but that this is not the case for the NHS bus. The Breaking Point poster warrants sanction because it belongs to a category of hateful speech that propagates false and discriminatory beliefs about its targets. Where these are disseminated by those in authority or of high status, such as political campaigns, they can strengthen these beliefs amongst the rest of the population. This can lead to members of the targeted group being unable to deliberate effectively as they are not treated with adequate respect in political discussions, which in turn undermines the process of public justification. As a result, it undermines public justification in a way that false factual claims do not, eventhough in this case the NHS slogan appears to have had a greater effect on the referendum result. (shrink)

This volume reflects on questions of human rights in the context of globalization. The essays responding to this subject are rich and varied: they focus on legal acceptance as well as consequences of human rights with regard to social rights and the necessary protection of the environment connected or close to those rights. Another approach to the subject featured in the volume is the legal recognition and the consideration of human rights as moral rights. With concepts on universality, a new (...) cosmopolitism, cultural pluralism and perspectives on religious variants and technological advances the debate on human rights is concluded. Index / Indice I. The Foundation of Rights / El fundamento de los derechos: J. Rubio Carracedo: El legalismo occidental: un problema para la universalizacion de los derechos humanos J. A. Seoane: El caracter juridico de las leyes injustas M. Borowski: Classifying and qualifying properties of fundamental rights J. von Platz: Faith in reason: questioning practical reason as fact, norm, end, and function of human rights R. Cruft: Policy implications of the philosophical foundations of human rights Maria Gabriela Scataglini: Derechos humanos: otra mirada sobre la cuestion de su universalidad II. A New Cosmopolitism / Un nuevo cosmopolitismo: V. de P. Barreto: Derecho cosmopolita y derechos humanos Luis Fernando Barzotto: Reconocimiento y fraternidad A. R. Bernstein: Justifying universal human rights via Rawlsian public reason H. Khatchadourian: Democracy and the globalization of human rights Milagros Otero Parga: Derechos humanos y globalizacion Halim Bepari: Human rights and the United Nations Miracy B. S. Gustin: Rescate de los derechos humanos en situaciones adversas de paises perifericos III. Multiculturism and Pluralism of Values /Multiculturalidad y pluralismo de valores: M. Herrero / M. Saralegui: Dogmatismo politico y pluralismo religioso Berry Tholen: Migration, justice, and Europe's identity. The relevance of special ties for EU's migration policy C. M. Alvarez Chicano: Implicaciones de la inconmensurabilidad de los valores en la aplicacion de principios de orden etico y juridico L. Perez Conejo: Axiologia juridica y pluralismo de valores: algunas consideraciones sobre la nocion de 'inconmensurabilidad' S-I. Liu: Fundamental legal values and globalization with regard to historical experience in freedom of speech L. C. Amezua: Libertad natural y esclavitud voluntaria: reflexiones de F. Suarez sobre la esclavitud IV. Rights and Gender / Derechos y genero: J.M. Gil Ruiz: La violencia de genero en el contexto familiar y la agresion de la ciencia juridica A. Goiriena Lekue: El interes superior del/la nino/a, coparentalidad y neutralidad de genero en la atribucion de la guarda y custodia de los hijos e hijas P. Garcia Guevara: Las politicas de genero en los paises globalizados del 'Tercer Mundo' V. Technological Impact and New Generation Rights / Impacto tecnologico y nuevas generaciones de derechos: M. Ahteensuu: Understanding the precautionary principle in the light of the traditional weak-strong distinction: a critical comment Cristina Monero Atienza: Bases para una teoria de los derechos en el siglo XXI M. Kitahara: Personal data processing and business ethics: personal data processing and personal data protection in business A. D. Oliver Lalana: El lado empirico de la legitimidad comunicativa: sobre la publicidad organizativa del derecho de proteccion de datos en internet J. Ebbesson / M. Zamboni: Transbordering democracy? The case of environment protection Sagrario Moles Nieto: El impacto medioambiental de los cultivos transgenicos VI. Bioethics and Law / Bioetica y derecho: M. Cruz Diaz de Teran: Principios para una biojuridica global C. Faralli / S. Tugnoli: Bioethics between law and science: the Italian law on medically assisted procreation (Law No. 40, February 19, 2004) N. Zeegers: The working of power in communicative regulation: the case of research with human embryos J. A. Fernandez Suarez: La bioetica en la era de la globalizacion F. J. Blazqez Ruiz: Privacidad y discriminacion genetica: propuestas bioeticas y juridicas ante los desafios de un mundo globalizado. (shrink)

Susan Hurley has argued against a well known argument for freedom of speech, the argument from autonomy, on the basis of two hypotheses about violence in the media and aggressive behaviour. The first hypothesis says that exposure to media violence causes aggressive behaviour; the second, that humans have an innate tendency to copy behaviour in ways that bypass conscious deliberation. I argue, first, that Hurley is not successful in setting aside the argument from autonomy. Second, I show that the (...) empirical data are irrelevant to statutory regulation of media violence. They do not yield a sufficiently strong correlation between exposure to media violence and non-autonomously copied criminal violence, and they do not yield a way ex ante to individuate the viewers who will be affected by media violence. (shrink)

This article tries to show that commonplace economic, ethico-religious, anti-racist,and logical-consistency objections to public funding of abortions and abortion counseling for poor women are quite weak. By contrast, arguments appealing to basic human rights to freedom of speech, informed consent, protection from great harm, justice and equal protection under the law, strongly support public funding. Thus, refusing to provide abortions at public expense for women who cannot afford them is morally unacceptable and rationally unjustifiable, despite the (...) opinions of former Presidents Reagan and Bush, the more conservative members of the Supreme Court of the United States, the current Congress, and the majority of the American people. (shrink)

Susan Hurley has argued against a well known argument for freedom of speech, the argument from autonomy, on the basis of two hypotheses about violence in the media and aggressive behaviour. The first hypothesis says that exposure to media violence causes aggressive behaviour; the second, that humans have an innate tendency to copy behaviour in ways that bypass conscious deliberation. I argue, first, that Hurley is not successful in setting aside the argument from autonomy. Second, I show that the (...) empirical data are irrelevant to statutory regulation of media violence. They do not yield a sufficiently strong correlation between exposure to media violence and non-autonomously copied criminal violence, and they do not yield a way ex ante to individuate the viewers who will be affected by media violence. (shrink)

Mill advocated an unqualified defense of the liberty of conscience in the most comprehensive sense, which he understood to include not just the freedom to hold but also to express any opinion or sentiment. Yet considerable dispute persists about the nature of Mill's argument for freedom of expression and whether his premises can support so strong a conclusion. Two versions of a prominent interpretation of Mill that threatens to undermine his uncompromising defense of free speech are considered and (...) refuted. It is shown how Mill's classically liberal commitments in moral psychology, ethology, and epistemology make the empirical grounds of his defense considerably more plausible than is commonly understood. This argument is especially vital because it highlights the divide between (classical) liberalism and progressivism that has become a flashpoint in the current political debate over freedom of speech. (shrink)

The current rationale for Freedom of Speech is entangled in Enlightenment assumptions about the relationship of discourse to public life. This article critiques those assumptions and proposes an alternative rationale for Freedom of Speech based in assumptions of contemporary rhetorical theory.

The United States Supreme Court hasrecently ruled that virtual child pornographyis protected free speech, partly on the groundsthat virtual pornography does not harm actualchildren. I review the evidence for thecontention that virtual pornography might harmchildren, and find that it is, at best,inconclusive. Saying that virtual childpornography does not harm actual children isnot to say that it is completely harmless,however. Child pornography, actual or virtual,necessarily eroticizes inequality; in a sexistsociety it therefore contributes to thesubordination of women.

In Germany, like in many other liberal countries, there is an extensive public discourse about freedom of speech being at risk. It will be insisted in this contribution that on the one hand, freedom of speech as a subjective right of basic law is not endangered. On the other hand, it should be acknowledged that in public discourse moralistic exaggerations are quite common. Against this background, the paper asks when different opinions are to be respected and (...) at what point it is permitted or even required to condemn them as immoral. The basic argument advanced here is that opinions should be respected as long as they are based in or at least supported by reasonable moral theories. Those opinions that do not have such a support can be labelled as properly immoral and criticized as such. (shrink)

Despite the fact that in recent years there has been an active trend of growth of freedom of expression in Kazakhstan, domestic legislative and judicial practice lags far behind international standards. The purpose of the study is to examine the legal situation concerning freedom of expression in Kazakhstan, particularly with regard to the functioning of the media, and to find ways to effectively ensure and adequately regulate this issue in law. The methodological approach is based on the dialectical (...) method used to investigate the content and legal foundations of freedom of speech, synthesis, analysis, and comparative legal method. The results obtained provide an opportunity to analyse the state of national legislation in the sphere of implementation and protection of the right to freedom of expression, as well as to identify the largest gaps in this sphere and their subsequent resolution. The investigation of international legal experience and a comparative analysis allow identifying a significant difference between the legislations of countries with a high index of press freedom and freedom of speech, and Kazakhstan. This research is of critical importance for the development of the human rights and freedoms protection sector, as well as journalism, especially given the current situation in the Republic associated with strict state control over the activities of the media, the inability to express and publicly broadcast opinions and ideas that are unfavourable for the ruling circles. (shrink)

Online service providers —such as AOL, Facebook, Google, Microsoft, and Twitter—significantly shape the informational environment and influence users’ experiences and interactions within it. There is a general agreement on the centrality of OSPs in information societies, but little consensus about what principles should shape their moral responsibilities and practices. In this article, we analyse the main contributions to the debate on the moral responsibilities of OSPs. By endorsing the method of the levels of abstract, we first analyse the moral responsibilities (...) of OSPs in the web. These concern the management of online information, which includes information filtering, Internet censorship, the circulation of harmful content, and the implementation and fostering of human rights. We then consider the moral responsibilities ascribed to OSPs on the web and focus on the existing legal regulation of access to users’ data. The overall analysis provides an overview of the current state of the debate and highlights two main results. First, topics related to OSPs’ public role—especially their gatekeeping function, their corporate social responsibilities, and their role in implementing and fostering human rights—have acquired increasing relevance in the specialised literature. Second, there is a lack of an ethical framework that can define OSPs’ responsibilities, and provide the fundamental sharable principles necessary to guide OSPs’ conduct within the multicultural and international context in which they operate. This article contributes to the ethical framework necessary to deal with and by endorsing a LoA enabling the definition of the responsibilities of OSPs with respect to the well-being of the infosphere and of the entities inhabiting it. (shrink)

When the Federal Communications Commission considered revamping its policies, many political activists argued that media conglomerates had failed to meet their duties to protect freedom of speech. Moveon's dispute with CBS over its proposed Superbowl advertisement and Michael Moore's quarrel over distribution of his documentary, Fahrenheit 911, are cases in point. In matters of pure entertainment, the public expect companies to avoid offensive programming. The press, on the other hand, may well be forced to offend some audience members (...) in order to create a viable forum for political dissent. As journalism and entertainment are increasingly inter-linked, an in depth moral analysis of the media corporation and its obligations becomes increasingly important. I explore Kantian, Utilitarian, and Rawlsian analyses of corporate obligation in the aforementioned cases. I then examine whether or not these results suggest anything more generally about the sorts of mission statements and ethical policies that ought to be endorsed by media conglomerates and whether non-business institutions also require changes. Ultimately, I suggest that at a minimum, media institutions should view the duty to promote the representation of diverse views in a democracy as an imperfect moral and civic duty rather than making programming decisions solely by reference to profit. Ideally, greater access to media access should not be increased for the most powerful unless doing so at the same time increases free speech opportunities for those who currently have the least access. (shrink)

This paper is primarily about the personal and public responsibilities of ethics and of ethicists in speaking, writing and commenting publicly about issues of ethical, political and social significance. The paper argues that any such interventions are ‘willy-nilly’, actually or potentially, in the public domain in ways that make any self-conscious decision about intended publics or audiences problematic. In it is argued that a famous, and hitherto useful, distinction relating to the ethical limitations on freedom of (...) speech which we owe to John Stuart Mill may, because of the emergence of ‘the cloud’ have become redundant or inoperable. (shrink)

New settings for communication are being built, having, at one side, great corporations of television, radio, press and on line media, and at the other side the role of the independent / alternative press, understood as not bound to a private, public or state enterprise or to some economic group. It takes gradually shape the constitution of the opposition between the traditional media and the independent / alternative press, having as a material base the new technologies of information. How (...) can the new technology of information associated to the new settings of press freedom and the phenomenon of the contradiction of public opinion in the era of internet accomplish the mediation of the opinion in a globalized society? Or still, starting from the presupposition of the press freedom, how to guarantee that the society solves the contradiction of the public opinion? The phenomenon of the public opinion is contradicting because it has in itself, at the same time, the universality of constitutional principles of Law and Ethics, together with the peculiarity of the citizens’ rights and concerns. This contradiction finds its solution by means of the mediation of the freedom of the press itself within a frame of democratic legality. This is the power of the contradiction: to put into effect the dialectic tension between the opposed poles of the universal and the particular in the press freedom, avowing the right of every citizen to express publicly his opinion. This is Hegel’s theory of public opinion: the press freedom and the parliament, as a politic space, are privileged spheres of the mediation of the contradictory phenomenon of the public opinion. Keywords: Press freedom; public opinion; press; citizen journalists. (shrink)

Background and aim Child and adolescent forensic psychiatry is fraught with complex medical, legal, and social tensions. The ethical challenges this entails for inhospital treatment have hardly been investigated, and specific support for health care professionals is lacking. This study identifies ethical issues and problems in this area and develops a tool for early detection and intervention of ethical problems in clinical practice. Methods A systematic literature search and an observational study in adolescent forensics at the University Psychiatric Clinics (...) Basel are conducted. The observation data are evaluated using a qualitative content analysis. The instrument is developed based on the results using a new method. Results In the literature search, 14 valid publications were identified that mainly address ethical conflicts in legal psychiatry, such as professional role conflicts, ethical problems in diagnostics and assessment, or confidentiality issues. Empirical or empirical–normative studies are missing. In the observational study, 24 ethical issues and specific conflicts were identified. Ethical questions about moral competencies of the adolescents, the quality of treatment, the handling of rules and sanctions, and freedom and privacy are particularly common. The Instrument for Early Detection and Intervention of Ethical Problems (FIEP) contains the four core elements risk factors, indicators, intervention planning and decision-making. Conclusions Inhospital treatment in forensic child and adolescent psychiatry reveals a broad spectrum of ethical issues with specific ethical problems, which are hardly investigated in literature so far. The FIEP instrument developed here supports health care practitioners in recognizing ethical problems at an early stage and addressing them efficiently. (shrink)

Debates about controversial comedy are rife in public discourse. However, despite a great interest in wider issues surrounding freedom of expression, political philosophers have had curiously little to say about comedy. This is a costly omission because in mainstream public debates, many of the worries about the potential harms of comedy are often confused or conflated, and both the defences of comedians to use controversial material and calls for censorship of such material are usually under-theorised. This paper (...) takes a step towards correcting this oversight by explaining the potential harms of comedy and identifying who should be held responsible for these harms. By transposing existing work on hate speech, three harms of comedy are diagnosed: that it can cause status harms, that it can silence speakers, and that it can motivate violence. Using linguistic theory and the philosophy of language, the paper argues that often, it is audience members and third parties who ought to be held morally responsible for these harms, and therefore, that comedians are not usually under moral duties to modify their comedic expression, even if it is harmful. (shrink)

Contemporary Islam presents Europe in particular with a political and moral challenge: Moderate-progressive Muslims and radical fundamentalist Muslims present differing visions of the relation of politics and religion and, consequently, differing interpretations of freedom of expression. There is evident public concern about Western “political correctness,” when law or policy accommodates censorship of speech allegedly violating religious sensibilities. Referring to the thought of philosopher Baruch Spinoza, and accounting for the Universal Declaration of Human Rights, the Universal Islamic Declaration of (...) Human Rights, and various empirical studies on the religious convictions of Muslims, it is argued here that: (1) sovereign European state powers should be especially cautious of legal censorship of speech allegedly violating Muslim religious sensibilities; and (2) instead of legal moves to censorship, European states should defer to the principle of separation of religion and state (political authority). Further, a reasonable interpretation of Islamic jurisprudence allows that matters of religious difference may be engaged and resolved by appeal to private conscience and ethical judgment, rather than by appeal to public law per se. In so far as they are 1 representative of contemporary scholarship, the interpretative positions of Ziad Elmarsafy, Jacques Derrida, and Nasr Abū Zayd are presented in illustration of this latter point. (shrink)

Commercial public opinion polling is an increasingly important element in practically all elections in democratic countries around the world. Poll results and pollsters are relatively new and autonomous voices in our human communities. Here I try to connect such polling directly to morality and democratic processes. Several arguments have been and might be used for and against banning such polling during elections, i.e., for and against effectively silencing these voices. I present the arguments on both sides of this issue, (...) and try to show that there are reasonable responses to all the arguments in favour of banning polls. Then I review some proposed Canadian legislation concerning banning polls and, alternatively, requiring disclosure of methodological features of polls. Finally, I offer a model set of disclosure standards for the publication of poll results during election campaigns. (shrink)

ABSTRACT In the course of her defence of German protesters against Peter Singer's lectures, Jenny Teichman claims that the right to make use of a public platform is not covered by the principle of freedom of expression. I argue that this view is mistaken, and that she is also wrong to focus on whether Singer deserved a public platform. Instead I suggest that what matters is whether there was an attempt to prevent communication between a speaker and (...) willing hearers. But I agree with Teichman that there are some relevant differences between speaking from a public platform and speaking privately. In particular I argue that protesters have a right, though not one based on freedom of expression, to interrupt a public speaker. Such a right is on a par with the speaker's freedom to draw public attention to the fact that she has opinions which she thinks worthy of a hearing, and in exercising it a protester must not prevent those who wish to hear the speech from doing so. Finally I offer an argument against the view that disrupting Singer's lectures could be seen as a justified interference with freedom of expression. (shrink)

In the following essay I explore some implications of Kieran Cashell’s notably original recent book Aftershock. This is a searching examination of how we might treat transgressive artwork by exploring certain shortcomings of the aesthetic tradition and equally certain shortcomings of those who speak with artistic authority (critics, commentators, and artists themselves). Cashell cuts through a grossly impacted volume of subterfuge in order to advance arguments that question how we have come to appreciate artwork and which show how some transgressive (...) artwork challenges conventional ways of considering art. This he achieves by deploying an impressive roster of theorists, commentators, critics and artists, dismissing various kinds of hyperbole and revealing what is left standing after a vigorous clearance. Cashell strikes at the foundations of the aesthetic tradition and locates some instances of transgressive art in a pivotal position where they may be appreciated not through the aesthetic tradition of disinterestedness but through the traditionally compromising (for aesthetics) paradigm of ethics. I illustrate this with specific reference to Cashell’s Chapter Two where he discusses Marcus Harvey’s publicly and critically reviled painting Myra. Cashell defends this painting, not through any appeal to the liberal-minded ‘freedom-of-speech’ principle, but for its sheer resistance to processing via the traditional idea of aesthetic disinterest. He recommends that the painting be regarded – without any loss of aesthetic worth – as immoral and disturbing and for just this reason as inviting us to join in human solidarity with those who were affected by the crimes associated with Myra Hindley. By thus merging ethical consideration with the response to an aesthetic artform the merits of the painting are preserved while its full force is sustained against the morally enfeebling aspect of Kantian aesthetic disinterest. (shrink)

Although very numerous ethical issues in the market of famous paintings are commented on, those aspects of auctions, Freedom of creation and preservation of cultural assets were picked up in this study to discuss, for the 3 aspect are the objects involved in legal problems, not to mention moral problems causing problems even between the nations. First, Auction related ethical issues include forgeries, appraisal and auctions. Forgeries include the coping or cribbing of the whole of an original Work, division (...) of an original work, completion of an incomplete original work and selling of work for education, etc. The appraisal distinguishing imitation from an original is conducted in 2 ways, one of which is to identify genuine and fake, and the other is price appraisal. However, our country is lack of appraisers and appraisal organizations, along with incomplete appraisal system and appraisal procedures. Appropriate appraisal distinguishing imitation from an original will enable transparent trade of famous paintings contributing to the revitalization of their market. Auction is contributing to the legalization of the trade in various great paintings heightening the public confidences for the great works of art. However, the participants in the trade through action are required high ethics not to use it as a means of tax evasion. Together with the rise in ethics of the people running art museum to preserve and exhibit the great works of art. The ethical issues relating to the freedom of creation include the production and censorship of licentious pictures and pornographies. Those who claim for the freedom of creation take a stand that the making of licentious pictures and pornographies should also be permitted acknowledging their artistic values, and making censorship unnecessary, for sexual amusements are also a part of human life. On the other hand, people on the opposite side insist that the freedom of creation need to be limited from the moral and educational views tightening the censorship. Some of the licentious pictures in the Chosen Dynasty hold artistic values and used for education purposes. However, the social conditions of today that stressing the merchantable quality of the famous paintings make them unfree from the issue of pornography censorship. The cultural assets related ethical issues are involved in thefts, plunders, returns, destructions and preservations of the cultural assets of great works of art. Such issues sometimes become the causes for diplomatic conflicts between the nations. What is important in this matter is our peoples' high ethics in culture. Nationwide and pan-national concerns for the movement of repatriating cultural assets of the great works of Art are required. The destructions of the famous paintings are done by artificially ways and natural disasters. Either way is in need of our ethics to prevent any destruction of cultural assets and strong sense of obligations of the people involved in cultural assets restoration. (shrink)

Academic discussion of pornography is generally restricted to issues arising from the depiction of adults. I argue that child-pornography is a more complex matter, and that generally accepted moral judgements concerning pornography in general have to be revised when children are involved. I look at the question of harm to the children involved, the consumers, and society in general, at the question of blame, and at the possibility of a morally acceptable form of child-pornography. My approach involves an (...) objectivist meta-ethics and a utilitarian view of practical ethics, and I bring out the advantages of these theories to the consideration of moral issues such as this one. (shrink)

Traditional just war doctrine holds that political leaders are morally responsible for the decision to initiate war, while individual soldiers should be judged solely by their conduct in war. According to this view, soldiers fighting in an unjust war of aggression and soldiers on the opposing side seeking to defend their country are morally equal as long as each obeys the rules of combat. Revisionist scholars, however, maintain that soldiers who fight for an unjust cause bear at least some responsibility (...) for advancing an immoral end, even if they otherwise fight ethically. This article examines the attitudes of the American public regarding the moral equality of combatants. Utilizing an original survey experiment, we find that the public's moral reasoning is generally more consistent with that of the revisionists than with traditional just war theory. Americans in our study judged soldiers who participate in unjust wars as less ethical than soldiers in just wars, even when their battlefield conduct is identical, and a large proportion supported harsh punishments for soldiers simply for participating in unjust wars. We also find, however, that much of the American public is willing to extend the moral license of just cause significantly further than revisionist scholars advocate: half of the Americans in our survey were willing to allow an unambiguous war crime—a massacre of innocent women and children—to go unpunished when the act was committed by soldiers fighting for a just cause. Our findings suggest that incorporation of revisionist principles into the laws of war would reinforce dangerous moral intuitions encouraging the killing of civilians. (shrink)

This paper considers the relation between philosophical discussions of, and social-scientific research into popular beliefs about, distributive justice. The first part sets out the differences and tensions between the two perspectives, identifying considerations which tend to lead adherents of each discipline to regard the other as irrelevant to its concerns. The second discusses four reasons why social scientists might benefit from philosophy: problems in identifying inconsistency, the fact that non-justice considerations might underlie distributive judgments, the way in which different principles (...) of justice can yield the same concrete distributive judgments, and the ambiguity of key terms. The third part distinguishes and evaluates three versions of the claim that normative theorising about justice can profit from empirical research into public opinion: that its findings are food for thought, that they amount to feasibility constraints, and that they are constitutive of normatively justified principles of justice. The view that popular opinion about justice has a strongly constitutive role to play in justifying principles of distributive justice stricto sensu is rejected, but it is argued that what the people think (and what they can reasonably be expected to come to think) on distributive matters can be an important factor for the political theorist to take into account, for reasons of legitimacy, or feasibility, or both. (shrink)

In this paper, I critically assess John Rawls' repeated claim that the duty of civility is only a moral duty and should not be enforced by law. In the first part of the paper, I examine and reject the view that Rawls' position may be due to the practical difficulties that the legal enforcement of the duty of civility might entail. I thus claim that Rawls' position must be driven by deeper normative reasons grounded in a conception of free speech. (...) In the second part of the paper, I therefore examine various arguments for free speech and critically assess whether they are consistent with Rawls' political liberalism. I first focus on the arguments from truth and self-fulfilment. Both arguments, I argue, rely on comprehensive doctrines and therefore cannot provide a freestanding political justification for free speech. Freedom of speech, I claim, can be justified instead on the basis of Rawls' political conception of the person and of the two moral powers. However, Rawls' wide view of public reason already allows scope for the kind of free speech necessary for the exercise of the two moral powers and therefore cannot explain Rawls' opposition to the legal enforcement of the duty of civility. Such opposition, I claim, can only be explained on the basis of a defence of unconstrained freedom of speech grounded in the ideas of democracy and political legitimacy. Yet, I conclude, while public reason and the duty of civility are essential to political liberalism, unconstrained freedom of speech is not. Rawls and political liberals could therefore renounce unconstrained freedom of speech, and endorse the legal enforcement of the duty of civility, while remaining faithful to political liberalism. (shrink)

"One of the outstanding authorities on the early days of the Republic, Saul K. Padover offers in this volume a generous sampling of the letters, essays, speeches, discourses, and personal documents--many of them previously unpublished--of the men who made America. Included are extensive selections from the papers and speeches of John Adams, Benjamin Franklin, Alexander Hamilton, Thomas Jefferson, James Madison, and George Washington. There are also copious extracts from the private and public utterances of secondary, but important, figures of (...) the founding days--Samuel Adams, Elbridge Gerry, Patrick Henry, John Dickinson, Oliver Ellsworth, William Paterson, Benjamin Rush, George Wythe, and many others. A number of the speeches made at the Constitutional Convention in 1787 are given in full, and several of the important debates are reproduced. John Dickinson's Letters from an American Farmer in Pennsylvania appear in these pages as well as many of Alexander Hamilton's famous and brief opinions. Also included are John Hancock's speech on the Boston Massacre; Thomas Jefferson's Notes on Virginia; James Madison's Memorial against Religious Assessments; two of the most important of John Marshall's Supreme Court decisions (Marbury vs. Madison and McCulloch vs. Maryland); Robert Morris' Letters on Finance; John Taylor's paper On Aristocracy, and William Paterson's Plan for a Constitution. Taken together, these writings offer in one volume a complete picture of the thinking, the debate, the legal maneuvers, the compromises, the manners, and the morals of the American nation's earliest days. The book provides a sound basic appreciation of the atmosphere in which the Founding Fathers worked and planned and debated with one another. All the many counter-currents that contributed to the building of the Constitution, the stresses to which the young nation was subjected, the rebellion that continued to seethe, the moral climate of the days--these are all recreated in the speeches and writings of America's first patriots. Dr. Padover has bound the selections together with enlightening commentary that enables the reader to understand the exact circumstances of each utterance and brings the particular work into historical perspective."--Jacket. (shrink)

This book is written for the non-philosophy major taking 'Contemporary Moral Issues' or 'Intro to Ethics' courses. It provides a method to research any complex moral issue in hundreds of print, periodical, and Internet research sources, and gives a model of the method applied to the question of capital punishment.

This chapter explores the tension between public health protection and the freedom of commercial expression from a Commonwealth Caribbean perspective, using Barbados and Jamaica as case studies. First, it assesses the scope of the right to freedom of expression. Second, it discusses the extent to which public health protection may be invoked to restrict the right. The authors conclude that Commonwealth Caribbean states can justifiably restrict commercial speech about tobacco products and unhealthy food and beverages.