In lieu of an abstract, here is a brief excerpt of the content:Clarifying the Relationship Between Vice and Mental Disorder: Vice as Manifestation of a Psychological DysfunctionMichael B. First (bio)KeywordsDSM-IV, psychiatric diagnosis, impulse control disorders, sexually violent predator commitmentIndividuals generally present for psychiatric evaluation for one of two reasons: either because they themselves are suffering from a psychiatric symptom that causes distress (e.g., severe panic) or impairs their ability to function effectively (e.g., memory loss), or else they are brought (...) to clinical attention because their behavior or attitudes are considered by others to be problematic. There are a wide range of behaviors that fall into this second category. In some cases, the individual is pressured to seek treatment because of the negative impact that a behavior has on a relationship partner (e.g., sexual dysfunction, anger outbursts) or an employer (e.g., excessive alcohol use). Often, however, the external trigger for a clinical evaluation falls under Sadler’s definition of vice, that is, criminal (illegal) behaviors or attitudes that could be considered “wrongful” or “immoral” in the social arena because the behavior violates the law or an important social more.Given that one of the most important goals of the Diagnostic and Statistical Manual of Mental Disorders (DSM) is to facilitate clinical practice (First et al. 2004) and in doing so provide a diagnostic code to cover any patient that might present himself or herself to a mental health professional, the DSM has evolved over its various editions to become a veritable laundry list of psychological and behavioral ills, some of which may constitute a violation of the rights of others or society. The DSM-III (and its successors) have adopted a descriptive approach wherein disorders are defined in terms of their presenting surface symptomatology, which was necessitated by the field’s lack of knowledge about the underlying etiology of mental disorders. Given this reliance on presenting symptoms, it is therefore inevitable that some disorders are defined in terms of behaviors that can be considered vices. For example, impaired impulse [End Page 35] control often leads to acting out behavior that, at its mildest is inappropriate, and at its most severe is destructive to self and others. Many of the disorders cited by Sadler as being vice-laden fall into this category, namely, pyromania (failure to resist impulses to set fires), kleptomania (failure to resist impulses to steal), intermittent explosive disorder (failure to resist aggressive impulses), certain forms of substance abuse (i.e., those involving possession and use of illegal substances) and paraphilias (i.e., those involving nonconsenting victims).It is important to clarify from the outset that the criteria for determining whether a behavior is a “vice” (i.e., whether it is illegal or immoral) is not equivalent to the criteria for determining whether a behavior is indicative of a mental disorder. According to the DSM-IV-TR definition, a mental disorder is conceptualized as a “clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and that is associated with present distress (e.g., a painful symptom) or disability (i.e., impairment in one or more important areas of functioning) or with a significantly increased risk of suffering death, pain, disability, or an important loss of freedom” (American Psychiatric Association [APA] 2000, xxxi). The definition warns against considering “deviant behavior[s] (e.g., political, religious, or sexual)” and “conflicts that are primarily between the individual and society” to be evidence of mental disorder except in those cases in which the “deviance or conflict is a symptom of a dysfunction in the individual.” Thus, when considering whether a particular “vice” behavior is a component of a mental disorder, it is crucial to determine whether the behavior is a manifestation of an underlying psychological dysfunction, such as a dysfunction in impulse control. If so, it may potentially be appropriate for that individual to be treated as “medically ill” in addition to, or instead of, being treated simply as a criminal.Let us examine some illustrative examples of cases that demonstrate the relationship between vice and mental disorders and the different ways in which the legal and mental health systems might deal with such cases. Consider the case of an individual who breaks... (shrink)

This paper aims at providing an account of juridical acts that forms a suitable starting point for the creation of computational systems that deal with juridical acts. The paper is divided into two parts. This second part of the paper deals in some detail with the operation of juridical acts. Topics dealt with include: power and competence, capacity, form requirements, partial validity, avoidance and representation.

ABSTRACT The paper explores the ethics of post‐menopausal motherhood by looking at the case of Adriana Iliescu, the oldest woman ever to have given birth (so far 1). To this end, I will approach the three most common objections brought against the mother and/or against the team of healthcare professionals who made it happen: the age of the mother, the fact that she is single, the appropriateness of her motivation and of that of the medical team.

It is gratifying to me, though perhaps it will be disappointing to you, to discover that Neil Levy and I agree on much of what to say about the morality of punishment. His summary of the contents of The Immorality of Punishment is both generous and, for the most part, accurate, and the concerns that he raises are certainly reasonable. In what follows, I will address what I take to be the most significant of these concerns.IAs Levy notes, in the (...) book I discuss alleged moral justifications of legal punishment that have been proposed both from a retributivist and from a non-retributivist perspective. What I take to be my two most significant arguments—the Argument from Ignorance and the Argument from Luck—concern the former perspective, but let me say something first about some of the reasons I gave for doubting that legal punishment can be morally justified on non-retributivist grounds. I considered three such grounds: rehabilitation, by either educative or non-educative means, of the pe .. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Refusals of Treatment and Requests for DeathTom L. Beauchamp (bio)It would be hard to overestimate the importance of two decisions on physician-assisted suicide delivered recently by the Ninth and Second Circuit Courts (Compassion in Dying v. State of Washington, 79 F.3d 790 (9th Cir. 1996) (en banc), aff’g 850 F.Supp. 1454 (W.D. Wash. 1994), rev’g 49 F.3d 586 (9th Cir. 1995); Quill v. Vacco, 80 F.3d 716 (2nd (...) Cir. 1996). They are the highest courts yet to render an opinion on this subject, and their decisions have set the stage for the U.S. Supreme Court to take one of two paths: It will either say that (1) all citizens have a liberty interest in physician-assisted suicide, or that (2) each state may set its own policy on such matters. Whichever path is elected, a right to request physician-assisted suicide is a virtual certainty, at least in some states.These opinions are later segments of an evolving legal history in which courts have held that no criminal liability exists for withholding or withdrawing a life-sustaining treatment when physicians are directed to do so by a patient or an authorized surrogate (see Alan Meisel 1992). The decriminalization of suicide and the right to refuse a life-sustaining treatment now appear to be evolving into a rule that a patient has a legal right to control his or her death, or at least to obtain a lethal prescription. We are at a delicate point in this evolving history. Neither in law nor in bioethics is the justification of physician assistance in suicide the received opinion at the present time, but support for physician assistance in dying could soon become the received opinion in both disciplines.The leading edge of the wedge producing these changes has been widespread acceptance of an extensive right to refuse treatment. This right is today axiomatic in even conservative quarters of bioethics, but 20 years ago it was far from axiomatic that all patients have a right to refuse treatment. Few at that time judged that it would be both immoral and illegal for a physician not to forgo treatment in the face of a competent, authoritative refusal of any form of medical service or treatment.The justification for assistance in bringing about death in medicine is an extension of the justification for letting patients die. Letting a patient die by accepting a valid refusal to continue in life is directly analogous to helping a patient die by accepting a valid request for help. The high value we place on [End Page 371] rights of autonomy thereby spills over from the right to refuse to the underexplored right to request active assistance. 1 As the autonomy interest in this choice increases, denial of help to the patient becomes more burdensome.Those who defend the view that euthanasia and physician-assisted suicide are morally prohibited typically assume that assistance involves an act of killing, that acts of killing are impermissible, and that a defensible distinction exists between killing and letting die. However, this distinction has proved difficult to explicate, and the category of killing often seems distant from the problem at hand. For example, it is an eccentric view that a physician who prescribes a lethal medication to a patient thereby kills the patient (or, for that matter, lets the patient die) when the patient voluntarily ingests the medication and dies. So poor are the conceptual understandings of “killing” and “letting die” that conceptual confusion abounds as to which term to use in almost all morally difficult and controversial cases.A common view is that “letting die” is a matter of “ceasing useless treatments” after which patients die (Gaylin, Kass, Pellegrino, and Siegler 1988). This account is attractive, but too narrow. “Letting die” occurs in medicine under at least two circumstances: cessation of treatment because it is useless and cessation of treatment because it has been refused (which can occur even with useful treatments). Neither conceptually nor morally is “ceasing useless treatment” the proper way to state the condition under which many “letting-die” cases occur. It follows that the type of action—killing or letting... (shrink)

In this paper, I argue that there exists a class of immoral beliefs. These beliefs are immoral not for the usual reasons, i.e. because of their tendency to cause harm, their immoral acquisition, or the fact that they involve unjustified moral judgments. Rather, the class of beliefs to which I wish to draw attention includes beliefs that do not even have any moral content, but whose non-moral content is still morally significant. These beliefs are (...) class='Hi'>immoral because holding them constitutes an immoral condition of the belief-holder. This usually involves a moral failure of the belief-holder. We may object to such beliefs for all of the usual reasons, but I wish to draw attention to their objectionable content based on the kind of character they represent a person as having.1. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Illegibility: Blanchot and Hegel by William S. AllenBryan CounterAllen, William S. Illegibility: Blanchot and Hegel. Bloomsbury, 2021. 264pp.With its absence of commentaries, imitative reproductions, unreflective quarrels, baseless miscomprehensions, creative research, faithful admiration, and the works of thought that accompanied it, the reception of Blanchot’s work was perhaps more diverse than that of any other major body of work of its time, of any time. However, it always (...) lacked free discussion unhindered by creative ambitions or by complacent reiterations of the ‘themes’ at its heart.(Bident 420)The notorious difficulty of Maurice Blanchot’s writing has been extensively documented, as is evidenced by how hesitant his contemporaries have been to engage with his work. Serious considerations of Blanchot’s thought did begin to accumulate in the 1970s, a period that saw an increase in his critical relevance, which has remained strong in more recent years. In the past, the “difficulty” of Blanchot’s thought and writing often resulted in texts that either blindly imitated or derided his work. 1 Due to his subtle logic, intense focus, and sub-referential style (that is, the rarity of direct quotation in his nearly constant engagements with prominent philosophers and literary figures), any critical study of Blanchot calls for a thorough and unwavering commitment to the texts at hand in order to do justice to his work.As a study of the Hegelian underpinnings of Blanchot’s thought, William S. Allen’s Illegibility: Blanchot and Hegel stands out on the contemporary critical landscape by focusing attention on a specific dimension of Blanchot’s writing and thinking. Already, the title offers two suggestions as to what is at work here. First, and most importantly, Allen foregrounds Blanchot’s engagement with Hegel and does so in way that eschews dogma and proceeds by undertaking a careful, detailed reading of the latter’s thought. Second, Allen highlights Blanchot’s persistent concern with literature, particularly that of Raymond Roussel and Lautréamont. Taken together, this approach supports Allen’s main assertion that Blanchot was [End Page 86] keenly aware that philosophy requires literature in order to address its own concerns. 2 Accordingly, Allen’s assessment bears not on Blanchot’s approach to discrete works of literature, or to a particular philosophical doctrine, but rather to the fundamental question of the illegibility of all literary writing.Allen makes clear that illegibility does not appear in only one form. The book’s opening lines posit:A text can be illegible because its language is too complex, too foreign, or too obscure to be read, but these obstacles can to some degree be overcome with time and patience. But a text can also be illegible because it cannot be read in any summative way, and in a text like this what is in play is structurally unreachable, that is, it cannot be read because doing so would require more (in whatever way this ‘more’ might be measured: time, effort, thought, etc.) than is possible.(1)In line with Blanchot’s own general method, Allen isolates and contrasts two different kinds of illegibility: mere difficulty on the one hand, and true obscurity on the other. Taking up the latter, Allen asks: “How is it possible to write a text like this, and what would be the effects of reading it?” (1). We are thus asked from the outset to consider the illegible text in the context of another of Blanchot’s classic ways of distinguishing aspects of writing — namely, from the respective positions of writer and reader. These positions participate in the dialectic because they are two opposing, yet interrelated, moments in the experience of the work of literature. 3 Allen goes on to classify such a text as infinite, meaning ultimately that it possesses a “lack of boundary that needs to be considered, and that informs the problematic of its reading” (1). The illegibility of the text, in this absolute sense, implies the very impossibility that any writer would ever set out, consciously, to write a text that would deserve to be called illegible.On the side of the reader, such a text evades recognition or classification by means of any particular content, but form and... (shrink)

I argue that the consumption of illegally shared pornography is often morally problematic. My argument is not based on any general condemnation of pornography or even illegal content sharing as such. Instead, my argument emphasizes that commercial pornography that is illegally shared risks violating the consent and thus the dignity of its performers. In this way, illegally shared pornography is akin to ‘revenge porn’, involving the non-consensual distribution and consumption of sexually intimate images or videos. The idea is (...) that if viewing sexually explicit content shared without the permission of the people featured within it is unethical, then the same is often true of the consumption of commercial pornographic content that has been shared illegally. My primary focus is on the commercial pornography produced and distributed by the performers themselves, but I also consider the moral status of more traditional forms of pornographic content. (shrink)

Silence in organizations refers to a state in which employees refrain from calling attention to issues at work such as illegal or immoral practices or developments that violate personal, moral, or legal standards. While Morrison and Milliken (Acad Manag Rev 25:706–725, 2000) discussed how organizational silence as a top-down organizational level phenomenon can cause employees to remain silent, a bottom-up perspective—that is, how employee motives contribute to the occurrence and maintenance of silence in organizations—has not yet been given (...) much research attention. In this paper, we argue that this perspective is a meaningful complementation of the existing literature and that it is sensible to conceptualize distinct forms of employee silence (Pinder and Harlos, Research in personnel and human resources management. JAI Press, Greenwich, 2001; van Dyne et al., J Manag Stud 40:1359–1392, 2003). Drawing on past research and theory we conceptualize four forms of employee silence, namely quiescent, acquiescent, prosocial, and opportunistic silence. We present scales to assess the four forms and provide empirical tests for their distinctiveness and patterns of relationships to various correlates and potential antecedents and consequences. (shrink)

Silence in organizations refers to a state in which employees refrain from calling attention to issues at work such as illegal or immoral practices or developments that violate personal, moral, or legal standards. While Morrison and Milliken (Acad Manag Rev 25:706–725, 2000) discussed how organizational silence as a top-down organizational level phenomenon can cause employees to remain silent, a bottom-up perspective—that is, how employee motives contribute to the occurrence and maintenance of silence in organizations—has not yet been given (...) much research attention. In this paper, we argue that this perspective is a meaningful complementation of the existing literature and that it is sensible to conceptualize distinct forms of employee silence (Pinder and Harlos, Research in personnel and human resources management. JAI Press, Greenwich, 2001; van Dyne et al., J Manag Stud 40:1359–1392, 2003). Drawing on past research and theory we conceptualize four forms of employee silence, namely quiescent, acquiescent, prosocial, and opportunistic silence. We present scales to assess the four forms and provide empirical tests for their distinctiveness and patterns of relationships to various correlates and potential antecedents and consequences. (shrink)

Genetic knowledge is a civil right and a civil obligation. New genetic knowledge in individual health risk prediction and prevention and new pharmacogenetic opportunities for developing more efficacious individualized drugs broaden human and civil rights for better health and health care. Public health policy has yet to develop and provide programs in genetic information and consultation together with other health risk information and health literacy education. Data availability and genetic knowledge will make citizens more competent partners in health risk management. (...) As with all information, abuse and manipulation of genetic information cannot be excluded; but health education as an essential part of public health services will empower citizens to better care for their own and their families health. Existing cultural and ethical principles, laws and regulations need to be reviewed and modified in order to prevent and fight illegal or immoral use of genetic information. The promotion of genetic knowledge allows for a new model of social contract as health care contract between citizens, health care experts, and society. (shrink)

In A Treatise of Human Nature, Hume argues that morality pertains primarily to character, and that actions have moral content only to the extent that they signal good or bad character. I formalize his signalling theory of moral/immoral actions using simple game-theoretic models. Conditions exist under which there is a separating equilibrium in which actions do indeed credibly signal character, but conditions also exist in which there is only a pooling or semi-separating equilibrium. A tradeoff is identified between (...) the signalling value of actions, and the consequentialist goal of incentivizing all character types to choose beneficial actions. (shrink)

lawpubPublic International LawlawphiPhilosophy of LawNecessity is quite possibly the most powerful concept in the law. It has the almost mystical power to transform what would otherwise be illegal or immoral into a justified or excused act, all because the action was “necessary.” Herein lays its utter dangerousness. Whether the inquiry is individual self-defense in domestic criminal law, national self-defense under international law, or killing during armed conflict, the concept of necessity is often the key element that drives the (...) outcome of the analysis. If the action is necessary, then it is often permitted; if the action is not necessary, it is often forbidden. But what does “necessary” really mean in these debates? And does it mean the same thing in each context, or does its meaning and function depend on the nature of the inquiry at hand? Is necessity a universal moral and legal concept, or is its meaning fundamentally context-dependent?... (shrink)

In A Treatise of Human Nature, Hume argues that morality pertains primarily to character, and that actions have moral content only to the extent that they signal good or bad character. I formalize his signalling theory of moral/immoral actions using simple game-theoretic models. Conditions exist under which there is a separating equilibrium in which actions do indeed credibly signal character, but conditions also exist in which there is only a pooling or semi-separating equilibrium. A tradeoff is identified between (...) the signalling value of actions, and the consequentialist goal of incentivizing all character types to choose beneficial actions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Reinhold Niebuhr’s Paradox: Paralysis, Violence, and Pragmatism by Daniel Malotky, and: Moral Man and Immoral Society: A Study in Ethics and Politics by Reinhold Niebuhr, and: An Interpretation of Christian Ethics by Reinhold NiebuhrDaniel A. MorrisReinhold Niebuhr’s Paradox: Paralysis, Violence, and Pragmatism By Daniel Malotky LANHAM, MD: LEXINGTON BOOKS, 2011. 124 PP. $52.50Moral Man and Immoral Society: A Study in Ethics and Politics By Reinhold (...) Niebuhr, with a foreword by Cornel West LOUISVILLE: WESTMINSTER JOHN KNOX PRESS, 2013 (ORIG. PUB. 1932) 320 PP. $30.00An Interpretation of Christian Ethics By Reinhold Niebuhr, with an introduction by Edmund N. Santurri LOUISVILLE: WESTMINSTER JOHN KNOX PRESS, 2013 (ORIG. PUB. 1935). 278 PP. $30.00Have we been passing through a revival of interest in Reinhold Niebuhr since Barack Obama reported to David Brooks in 2007 that Niebuhr “is one of my favorite philosophers”? Or did Niebuhr’s work never go out of style in the first place? Whether current publishing trends reflect a revival or the norm, these three books highlight Niebuhr’s enduring relevance. They also show that Niebuhr’s lasting influence has not made him immune to criticism. Perhaps most important, they demonstrate that his insights can speak productively to contemporary issues whose urgency he may not have recognized.The new editions of An Interpretation of Christian Ethics and Moral Man and Immoral Society from Westminster John Knox Press contain welcome contributions to scholarship on Niebuhr. Originally delivered as the 1934 Rauschenbusch Memorial Lectures at Colgate-Rochester Divinity School, Interpretation was first published in 1935. A 1956 edition added a preface in which Niebuhr summarizes the text’s central claims and expresses a desire to revise many of his arguments. The new edition of Interpretation retains Niebuhr’s 1956 preface, and adds an introduction by Edmund N. Santurri, which precedes the preface. In his introduction, Santurri claims that this text “may well be Reinhold Niebuhr’s most important work in theological ethics,” despite Niebuhr’s confession of embarrassment in the preface (ix; italics in the original). For Santurri, Interpretation provides much-needed theological background for the ethical and political claims in Moral Man and Immoral Society. Moreover, Santurri holds [End Page 207] that the important features of Niebuhr’s mature theological anthropology were present in nascent form in Interpretation. Thus, the text’s lasting influence is clear: To understand the ethical and political insights in the other works in Niebuhr’s corpus, one must understand the developing theological anthropology presented in Interpretation.Having made this case for the text’s importance, Santurri devotes the bulk of his introduction to reviewing four arguments that critics level against Niebuhr. They are, briefly, feminist arguments against the portrayal of agape as self-sacrifice, just war arguments against the claim that the Gospels prescribe nonresistance, Anabaptist arguments against Constantinian Christianity (which Santurri traces to the differing soteriologies of Yoder and Niebuhr), and theological arguments that Niebuhr’s doctrine of God is incoherent. Santurri concludes that the first three critiques of Niebuhr ultimately fail for a variety of reasons, but suggests the fourth critique is valid. Even if he dismisses the first three arguments too easily, this is a clear, responsible, and thorough review of critical receptions of Niebuhr. The footnotes point the way to excellent resources, orienting readers to four important conversations in short order. Scholars and graduate students who study Niebuhr will benefit from this introduction, as will readers who desire a concise guide to critical receptions of Niebuhr’s work.Originally published in 1932, Moral Man and Immoral Society is more recognizable than Interpretation as one of Niebuhr’s landmark works. Perhaps for this reason, Westminster John Knox Press produced another edition of this text in 2002. That edition included an introduction by Langdon B. Gilkey, which appraised the influence of Moral Man in part by describing the fresh perspective it brought to American theological ethics in the early twentieth century. The 2013 edition of Moral Man retains Gilkey’s introduction (as well as a 1960 preface by Niebuhr), which is preceded by Cornel West’s new foreword to the book. In his brief foreword, West claims that this text “is not only... (shrink)

This article presents two of Foucault’s lesser known notions, “justice fonctionnelle" (functional justice) and “stratégie du pourtour” (strategy of the perimeter), in order to interrogate the role of legislators in regard to the policing of political dissent. This article contains three parts. First, I present the two lesser known notions referred to above. Then, I provide my understanding of the role of law for Foucault. Finally, in the third part, I explain how a consensual relationship between the police and legislators (...) is established. I present briefly the work of Avrom Sherr (1989) and outline the contents of a recent U.S. anti-protest law (H.R. 347, or "Anti-Occupy Wall Street Law") which gives the police greater powers to redefine the legal nature of public space and to make arrests without having to show criminal intent (mens rea) on the part of protesters. My aim is to further think through the paradox that Foucault mentioned in his lectures on security societies: non-judicial methods used in security processes undermine the primacy of law but also lead to the overproduction of laws (inflation législative). (shrink)

This article describes issues related to the consideration of the victim’s behavior when sentencing a person who intentionally killed someone in a state of strong emotional excitement. Also, the author analyzed in the article that the main reason for the strong emotional excitement of the culprit is the illegal act of the victim, therefore, the sudden emotional excitement is defined in the law as a mitigating circumstance. In addition, the article analyzes the objective aspect of the crime of intentional (...) homicide committed in a state of strong emotional excitement, in which (a) intentional homicide is caused by the victim's response to violence; (b) severe insults by the victim (insulting human dignity, accusing him of committing a crime or immorality, insulting his religion and nationality); (c) it is emphasized that attention should be paid to the victim's other illegal actions (such as dereliction of duty). (shrink)

Many virtual communities that rely on user-generated content (such as social news sites, citizen journals, and encyclopedias in particular) offer unrestricted and immediate ‘write access’ to every contributor. It is argued that these communities do not just assume that the trust granted by that policy is well-placed; they have developed extensive mechanisms that underpin the trust involved (‘backgrounding’). These target contributors (stipulating legal terms of use and developing etiquette, both underscored by sanctions) as well as the contents contributed by (...) them (patrolling for illegal and/or vandalist content, variously performed by humans and bots; voting schemes). Backgrounding trust is argued to be important since it facilitates the avoidance of bureaucratic measures that may easily cause unrest among community members and chase them away. (shrink)

To the Editor: Before using brain criteria, pronouncing death in humans was based on irreversible loss of something vaguely thought of as respiration or circulation or cardiac function. We have always known the loss had to be irreversible. We have also long known that "irreversible" was ambiguous. In his article ("Are DCD Donors Dead?" May-June 2010), Don Marquis captures this ambiguity when he contrasts irreversibility and permanence. Defenders of cardiocirculatory criteria have known that, in some cases, these functions physiologically could (...) be reversed, but won't be because advance directives or surrogate refusal would make intervention illegal and immoral. When intervening is illegal and immoral, we claim the .. (shrink)

Current norms among professional military officers that govern obedience and dissent strongly discourage officers from offering public criticism of policy enacted by civilian authorities, even if that policy is immoral, illegal, or unconstitutional. We identify a set of circumstances that create a moral imperative for an officer to take action and we leverage prevailing ethical guidelines to argue that in certain cases, even individual officers not directly involved in the execution of the policy have moral standing to offer (...) public criticism of it. We consider the consequences of relaxing norms prohibiting public dissent and explore the trade-off between tolerating immoral policy and the likelihood of mistakenly criticizing appropriate policy. Finally, we offer evidence that current military-civilian relations in the United States are such that placing higher value on dissent would benefit professional military officers and may improve policy. (shrink)

Among anti-war activists there has been much discontent with respect to the conduct of the defense. Many had expected a far-reaching indictment of the government for its criminal behavior in Vietnam. Those who had been hoping for a "confrontation with illegal and immoral authority" are naturally disappointed, since no such confrontation took place. In fact, the defendants themselves did make strong statements about the illegality and barbarism of the American war in Vietnam. With the exception of Michael Ferber, (...) a resister himself, the defendants took their stand, without qualifications, on the "Call to Resist Illegitimate Authority", which announced the intention of the signers to support resistance to the Vietnam war, and which insisted that actions taken in support of resistance "are as legal as is the war resistance of the young men themselves." However, this aspect of the trial was barely reported in the press. Within the framework defined by the government, adopted by the Court, and accepted by the press, the issue of the legality of the war was not pertinent, nor was the question of the right, or even the duty, of resistance to American aggression. (shrink)

So why be a good engineer? There are basically three reasons: 1) possible detection and the harm that dishonorable acts might cause, 2) a common responsibility to the professional engineering community, and 3) a negative impact on one’s own integrity when one behaves badly. But what if, in the face of these arguments, one is still not convinced? I must admit that there appears to be no knock-down ethical argument available to change the mind of a person set on behaving (...) badly. There remains the option to act in whatever way one may wish. Engineers must realize however that bad manners and/or immorality and/or illegality, even if undetected, will most likely result in harm to themselves and thus rational behavior should result in honorable conduct of professional duties. While the Viking society of northern Europe was in many ways cruel and crude, they had a very simple code of honor. Their goal was to live life so that when they died, others would say He was a good man . The definition of what they meant by a good man might be quite different by contemporary standards but the principle is important. If engineers conduct their professional lives so as to uphold the exemplary values of engineering, the greatest professional honor would be to be remembered as a good engineer. (shrink)

Armed Palestinians are not combatants according to any known legal definition. They are civilians and can only be attacked for as long as they actively participate in hostilities.

This paper examines how it is possible for firms in controversial sectors, which are often marked by social taboos and moral debates, to act in socially responsible ways, and whether a firm can be socially responsible if it produces products harmful to society or individuals. It contends that a utilitarian justification can be used to support the legal and regulated provision of goods and services in these areas, and the regulated and legal provision of these areas produces less harm than (...) the real alternative—illegal and unregulated supply. Utilitarianism is concerned as much with harm minimisation as good maximisation, and both are equally important when it comes to maximising welfare (Bentham 1789, 1970; Mill [1863] 1964). Any adequate theory of CSR must, therefore, have the capacity to handle a business that minimises harm as well as those that more straightforwardly maximise good. In this paper we therefore attempt two tasks. First, we argue that the legal but regulated provision of products and services may be better from an overall utilitarian perspective than a situation in which these harmful or immoral goods and services are illegal but procurable via a black market. Porter and Kramer’s (2006) strategic CSR framework is then presented to describe how firms in these controversial sectors can act in socially responsible ways. This model highlights the importance of firm strategy in selecting areas of socially responsible behaviours that can be acted upon by firms in each industry. (shrink)

Purpose The internet has provided a gamut of benefits to consumers. The digital world, however, also provides space for various illegal or unethical consumer activities. Consumers may not always be fully aware of the unethical or illegal nature of some of the online activities that they engage in. This study aims to examine the questionable side of online consumer behaviour in an emerging market where internet penetration and smart phone accessibility is rapidly expanding. Using a third-person technique, this (...) study attempts to empirically capture the perceptions of Indian adults regarding the prevalence of various questionable online activities such as unauthorized downloading of digital content, spreading fake news/misinformation and fraudulent returns and to understand the extent to which these respondents believe that such actions are acceptable or illegal and unethical. Design/methodology/approach An online questionnaire was used to collect primary data from 212 consumers. Non-probability convenience and snowball sampling was used for the purpose. Findings Unauthorized watching or downloading of online content is reported to be the most prevalent among the various types of questionable behaviours examined. However, it is behaviours such as fraudulent returns and spreading misinformation through online channels which are considered to be the most unethical or illegal. Certain behaviours which may be deemed to be unethical and illegal nevertheless are seen as acceptable. Significant differences between demographics in the case of several of the unethical activities are reported. Research limitations/implications This study examines the grey and dark side of online behaviours among consumers in an emerging market and points to the need for action on several fronts to increase consumer awareness and sensitivity about the unethical or illegal nature of some of their online activities and the implications for multiple stakeholders. Based on the findings of this study, recommendations directed at consumers, marketers and policymakers are discussed. Originality/value Although the benefits of online communication channels have been extensively studied, their ability to facilitate certain unethical and even illegal activities is an under-researched area. The inclination to engage in these types of questionable behaviours may have been exacerbated by the restrictions imposed by the COVID-19 pandemic. This study highlights the importance of research on various grey consumer activities in the digital space and paves the way for further investigations by identifying online actions which are considered as most prevalent and/or unethical and illegal. (shrink)

Actions can be moral or immoral, surely, but can also be prudent or imprudent, rude or polite, sportsmanlike or unsportsmanlike, and so on. The fact that diverse methods of evaluating action exist seems to give rise to a further question: what distinguishes moral evaluation in particular? In this article, my concern is methodological. I argue that any account of the distinctiveness of morality cannot be prior to substantive inquiry into the content of moral reasons, requirements, and concerns. The (...) genuine distinctiveness of morality will become clear only after we have determined what those very reasons, requirements, and concerns really are. (shrink)

In the preface to his commentary on the Song of Songs, Theodoret of Cyrrhus states that the book has without doubt a spiritual meaning and that a literal interpretation is worthy only of wicked heretics, ridiculous in their own blindness, amongst whom it is difficult to include Theodore of Mopsuestia. The spiritual nature of the Song of Songs is supported by the reference to Esdra and by the many early Fathers who have commented upon it (amongst whom Eusebius has pride (...) of place, followed by Origen, then Cyprian for the struggle against heretics) or who have acknowledged it as sacred (amongst whom are Basil, Gregory of Nazianzo and, contrary to common belief, Amphilochius of Iconium). The sacredness of the work voids its immoral content and compels one to interpret it in an allegorical way. (shrink)

In two fascinating papers, Jules Coleman has been considering an idea, first articulated and defended by Scott Shapiro in his forthcoming book Legality , that law calls for a moral semantics. In a recent paper, Coleman argues it is a conceptual truth that legal content stating behavioral requirements, whether construed as propositions or imperatives, can "truthfully be redescribed as expressing a moral directive or authorization" ( Coleman 2007 , 592). For example, the directive "mail fraud is illegal" expresses (...) , if not that mail fraud is morally wrong, then the idea that we have a content-independent moral reason for not committing mail fraud. In this essay, I will attempt to explicate and evaluate Coleman's arguments, as well as to determine what the "Redescription Thesis," as I call it, amounts to. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Against Ethical CriticismRichard A. PosnerOscar Wilde famously remarked that “there is no such thing as a moral or an immoral book. Books are well written, or badly written. That is all.” He was echoed by Auden, who said in his poem in memory of William Butler Yeats that poetry makes nothing happen (though the poem as a whole qualifies this overstatement), by Croce, and by formalist critics (...) such as Cleanth Brooks, a doyen of the New Critics, who insisted that edification was the function of religion but not of poetry. 1 George Orwell, though himself a didactic novelist, was of this view as well, 2 and it is one that most critics adopt when the issue is censorship. I accept Wilde’s thesis—the creed of aestheticism, of art for art’s sake—if understood to mean that the moral content and consequences of a work of literature are irrelevant to its value as literature; or as the critic Helen Vendler has put it, that “treating fictions as moral pep-pills or moral emetics is repugnant to anyone who realizes the complex psychological and moral motives of a work of art.” 3 This is not to deny that reading can have consequences, including moral and political ones. Information affects people’s outlook and behavior, and reading is a source of information. Imaginative literature conveys ideas, opinions, and information, often with great power. Think of the role that novels by Turgenev (Fathers and Sons), Dostoevsky (The Possessed), Conrad (The Secret Agent, Under Western Eyes), Koestler (Darkness at Noon), Orwell (Animal Farm, Nineteen Eighty-Four), and, of course, Solzhenitsyn played in exposing the horrors of anarchism and communism. Of A Passage to India it has been said that “as an account of the social conditions of British India it was powerful enough to have influenced events.” 4 Upton Sinclair’s novel The Jungle is thought to have incited federal regulation of food processing; and few doubt the effect of Uncle Tom’s Cabin (1852) on the abolitionist cause. [End Page 1]At the core of the aesthetic tradition, which I shall be defending in this essay particularly against its opponents in the “law and literature” movement, are three theses. First, immersion in literature does not make us better citizens or better people. One might be able to pick out some works of literature that would have such an effect because of the information they convey or the emotional state they induce, but they would constitute a skewed sample of literary works. Second, we should not be put off by morally offensive views encountered in literature even when the author appears to share them. A work of literature is not to be considered maimed or even marred by expressing unacceptable moral views; by the same token, a mediocre work of literature is not redeemed by expressing moral views of which we approve. The proper criteria for evaluating literature are aesthetic rather than ethical. Third, authors’ moral qualities or opinions should not affect our valuations of their works.The insistence, in short, is on the separation of the moral from the aesthetic—but with two qualifications. Some literature has little interest or value apart from the didactic and for it the proper criticism is didactic. And the separation of moral from aesthetic values is not a rejection of the former. The aesthetic outlook is a moral outlook, one that stresses the values of openness, detachment, hedonism, curiosity, tolerance, the cultivation of the self, and the preservation of a private sphere—in short, the values of liberal individualism.The counter tradition in literary criticism to the aesthetic originates with Plato and insists upon the importance, in some versions to the near or even total exclusion of anything else, of the ethical or political content and effects of works of literature, and less commonly of the author’s own morality. Martha Nussbaum, for example, deems Greek tragedies and Anglo-American realistic novels a part of moral philosophy. 5 Reading novels, she argues, “develops moral capacities without which citizens will not succeed in making reality out of the normative conclusions of any moral or political theory, however excellent.” 6 Wayne Booth, disagreeing with his illustrious... (shrink)

Is it ever morally wrong for a consumer to imagine something immoral in a work of fiction, or for an author to prompt such imagining? Brandon Cooke has recently argued that it cannot be. On Cooke’s account, fictive imagining is immune to moral criticism because such cases of imagining do not amount to the endorsement of the immoral content, nor do they imply that the authors of such fictions necessarily endorse their contents. We argue against Cooke that (...) in fact fictively imagining something immoral can be morally blameworthy, specifically in cases where fictive imagining is engaged in the service of immoral desires. Taking one potent case—namely, rape-fantasy pornography—we argue that the proper engagement with pornography requires the engagement of the consumer’s desires. Insofar as it is morally wrong to desire something immoral, or to encourage others to desire something immoral, then consumers can be held morally blameworthy for engaging in such fictive imaginings and works of fiction that are crafted to fit these purposes can be open to moral condemnation. (shrink)

In recent years, artificial intelligence has been deployed by online platforms to prevent the upload of allegedly illegal content or to remove unwarranted expressions. These systems are trained to spot objectionable content and to remove it, block it, or filter it out before it is even uploaded. Artificial intelligence filters offer a robust approach to content moderation which is shaping the public sphere. This dramatic shift in norm setting and law enforcement is potentially game-changing for democracy. (...) Artificial intelligence filters carry censorial power, which could bypass traditional checks and balances secured by law. Their opaque and dynamic nature creates barriers to oversight, and conceals critical value choices and tradeoffs. Currently, we lack adequate tools to hold them accountable. This paper seeks to address this gap by introducing an adversarial procedure— – Contesting Algorithms. It proposes to deliberately introduce friction into the dominant removal systems governed by artificial intelligence. Algorithmic content moderation often seeks to optimize a single goal, such as removing copyright-infringing materials or blocking hate speech, while other values in the public interest, such as fair use or free speech, are often neglected. Contesting algorithms introduce an adversarial design which reflects conflicting values, and thereby may offer a check on dominant removal systems. Facilitating an adversarial intervention may promote democratic principles by keeping society in the loop. An adversarial public artificial intelligence system could enhance dynamic transparency, facilitate an alternative public articulation of social values using machine learning systems, and restore societal power to deliberate and determine social tradeoffs. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IntroductionMarc Redfield (bio)In recent years, and particularly in the United States, the concept of addiction has come to operate as one of those rhetorical switching points through which practically any discourse or practice or experience can be compelled to pass. As Eve Sedgwick points out in a well-known essay, one can, in contemporary parlance, claim to be addicted not just to illegal or dangerous substances, but also (...) to forms of activity or consumption—work, eating, exercise—that constitute officially approved ways to pursue happiness in middle-class society. It would seem that what matters is not the self’s particular wishes or activities, but the integrity of its will or being. “We do not object to the drug user’s pleasure per se,” Jacques Derrida comments, “but to a pleasure taken in an experience without truth” [236]. Sedgwick, for her part, suggests that “so long as ‘free will’ has been hypostatized and charged with ethical value, for just so long has an equally hypostatized ‘compulsion’ had to be available as a counterstructure always internal to it, always requiring to be ejected from it” [133–34]. The thought of addiction thus spreads to the point of infecting the founding tropes of Western philosophy. The logos becomes hooked on itself: always already it becomes the pharmakon, the remedy that poisons.Yet as Derrida, Sedgwick, and many other critics have also pointed out, the notion of addiction is in certain crucial respects a nineteenth- and twentieth-century invention. Though inscribed within a sequence of representations of human agency that goes back to the Odyssey, the “addict” as such becomes possible only within a political and medico-social regime capable of rewriting identity as pathology. (Hence, in part, the persistent overlap between the addict and the “homosexual” in twentieth-century Western culture.) This is also to say that the addict emerges as part of the development of consumer capitalism, disciplinary society, and the modern state. Like the question of technology from which it is inseparable, the thought of addiction returns us to the West’s most ancient topics and texts only to confront us with some of the most prosaic, specific, and in certain cases disastrous characteristics of our own modernity. 1When addiction is at issue, in other words, metaphysical complications acquire empirical importance. Like “diction” or “dictation,” the term “addiction” derives from the Latin dicere (“say, relate”), which returns to the Greek deiknunai, “show, point out, bring to light”; in Roman law, however, the word addicere had the more prosaic job of signifying a giving or binding-over of something or someone by sentence of a court: the assignation of slave to master, debtor to creditor. The modern recasting of addiction as pathology has occurred as a massive institutional and sociohistorical articulation of [End Page 3] metaphysical values, tensions, and contradictions. In what Mark Seltzer has termed “machine culture,” the figure of the addict channels anxieties about the uncertain differences between machines and bodies; about the “nature” of technology; about the ways in which identities and desires get produced within a consumer economy that represents subjectivity both as inalienably natural and as compulsively iterative and artificial. In such contexts, as Seltzer shows, seemingly abstract paradoxes, such as the psychoanalytic notion of primal identification—where the subject forecloses and reiterates the act of mimesis that enables it to be (other than) itself—can no longer be dismissed as merely “theoretical” figures: they bleed irretrievably into sociohistorical reality. The subject is always already the addicted subject, ready at any moment to become the “addict”; the addict, in turn, becomes a (medical and juridical) “case” or case history only by becoming a frightening, alluring mirror image of the normative subject of consumer society.The discourse of addiction not only disciplines and deconstructs the subject of consumerism; as enacted in drug policies and politics, this discourse has violently reshaped the day-to-day operations of local governments and societies and left its mark on the global economies of the new world order. Hong Kong, the earliest drug spoil of the British Empire, may have returned to China, but the postcolonial world remains more hooked than ever on narcopolitics. From the vertically integrated cocaine... (shrink)

Although the ethics of humor is a relatively new field, it already seems to have achieved a consensus about ethics in general. In this paper, I implicitly (1) question the view of ethics that stands behind many discussions in the ethics of humor; I do this by explicitly (2) focusing on what has been a chief preoccupation in the ethics of humor: the evaluation of humor. Does the immoral content of a joke make it more or less humorous? (...) Specifically, I analyze whether a sexist joke is more humorous because of its sexism. Contra recent trends in the ethics of humor, I answer this question affirmatively. To this end, the paper presents a detailed and novel reading of Bergson's philosophy of humor, which I argue connects most easily and significantly to the alternate view of ethics I have in mind. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:This Birth and ThatSurrogacy and Stratified Motherhood in IndiaAmrita PandeIn 2006, i came across a short newspaper article about the emergence of a new industry in India—the industry of paid birth or commercial surrogacy. People from all over the world could now hire Indian women to give birth to babies for them, for a fraction of the cost of surrogacy elsewhere and with no government regulations. After some (...) digging around, I quickly realized that there was scarcely any objective, academic research about this new industry, and so began my ethnographic journey to the first clinic in not just India but in fact in the entire Global South to have a flourishing trade in both national and transnational surrogacy.1Academic inquiry into surrogacy arrangements is adequately interdisciplinary and has generated feminist, ethical, legal, and social debates for more than three decades (see, for example, Andrews 1987; Anderson 1990; Bailey 2011; Brennan and Noggle 1997; Hochschild 2012; Markens 2007; Oliver 1989; Ragoné 1994; Pande 2011; and Teman 2010). While defenders of surrogacy advocate it as a manifestation of women’s freedom and choice, much of the scholarship has displayed intense anxiety about this practice (Corea 1986; Dworkin 1983; Harding 1991; Neuhaus 1988; Raymond 1993; Roberts 1998b; and Rothman 1988). One view is that surrogacy reduces women to a mere breeder class, to the class of prostitutes, and another is that it is just another form of baby selling. Others consider the development of such reproductive technologies as a form of class and gender-based exploitation of women’s bodies. Two additional trends in this scholarship are worth emphasizing. First, [End Page 50] much of the debating takes place in abstraction and is rarely based on the actual experience of surrogates.2 Second,much of this work is about surrogacy in the Global North. This is not altogether surprising, since commercial surrogacy is a very recent phenomenon outside of the Global North.In this essay, I address these two gaps in the literature by analyzing the birthing narratives of surrogates in a clinic in India. As the surrogates compare their experiences of giving birth as a surrogate mother to their previous pregnancies, they underscore the paradox of an industry based on pro-natal technology in an otherwise anti-natal state. As importantly, these narratives are a clear manifestation of a global trend of “stratified motherhood”—“the hierarchical organization of reproductive fecundity and birth experiences that supports and rewards the maternity of some women while despising or outlawing the mother-work of others” (Rapp 2001, 469).Surrogacy in IndiaThe moral and ethical ambiguity surrounding surrogacy has made many countries, including China, the Czech Republic, France, Germany, Italy, Mexico, Saudi Arabia, Spain, Sweden, Switzerland, Taiwan, Turkey, and some U.S. states ban surrogacy altogether. Some countries have imposed partial bans, for instance Australia (Victoria), Brazil, Hong Kong, Hungary, Israel, South Africa, and the UK. Canada, Greece, South Africa, Israel, and the UK permit gestational surrogacy, subject to regulations. Then there are other countries with no regulations at all, such as Belgium, Finland, and India (Markens 2007; Teman 2010). Apart from the recent spurt of surrogacy in India, commercial surrogacy is most prevalent in California, USA, and Israel, where surrogacy is tightly controlled by the state and restricted to Israeli citizens. The Indian structure is closer to the liberal market model of surrogacy in California, where surrogacy births are primarily managed by private, commercial agencies that screen, match, and regulate agreements according to their own criteria (Pande 2009).India is not the only country to experience a rise in transnational surrogacy. Couples from countries such as the UK, Japan, Australia, and Kuwait, where surrogacy is either illegal or restricted, have hired surrogates in the United States to bear babies for them. However, while the total cost of such transnational packages is roughly between $100,000 and $120,000, in India the package costs one-third of that amount. Another factor that explains the popularity of India as a destination for transnational surrogacy is the informality of the market. Although commercial surrogacy is not illegal in India in 2002, currently there are no laws regulating surrogacy in clinics. Fertility clinics... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A "Nation" of ImmigrantsJose Jorge MendozaIntroductionIn "Nations of Immigrants: Do Words Matter?" Donna Gabaccia provides an illuminating account of the origin of the United States' claim to be a "Nation of Immigrants." Gabaccia's endeavor is motivated by the question "What difference does it make if we call someone a foreigner, an immigrant, an emigrant, a migrant, a refugee, an alien, an exile or an illegal or clandestine?" (...) (Gabaccia 5). This question is very important to the immigration debate because, as Gabaccia goes on to show, "[t]o ponder this question is to explore the vastly differing ways that human population movements figure in nation-building and in the historical imagination of nations" (Gabaccia 5-6). In this paper, I am going to delve deeper into Gabaccia's claim and argue that the issue of immigration is important for philosophers to consider because it is an issue that lies at the heart of the intersection between political philosophy and philosophy of race—an intersection that shows, more than anywhere else and in particular in the debate surrounding the use of the word illegal, how and why words do matter.The Braid of WhitenessDavid Roediger, in his book Working Toward Whiteness, argues that it is problematic to read "ethnicity" back into earlier accounts of race, specifically in the United States during the period from 1860-1924. Roediger argues that the term "ethnicity," at least as we use it today, does not really appear during this period. He goes on to show how the use of racialized language during that period was in fact very messy and would not fit neatly into the strict biological/phenotypic definitions that we give today. He writes: [End Page 41]This loose, state-endorsed linkage of biology to culture, history, and class can mislead modern historians of race who characteristically attempt to disentangle the biological from other rationales for oppression, regarding the former as underpinning racism and the latter as underpinning other kinds of prejudice. But what was so striking about restrictionist and racist thought at the beginning (and indeed, at the end) of the twentieth century was its very entanglement of the biological and the cultural.(Roediger 66)In short, Roediger is arguing that the distinction we currently make between race and ethnicity was not nearly as sharp at the turn of the century as it is now and that this messiness was most clearly present in the debates surrounding immigration.Roediger, for his part, argues that we do not need to fear this messiness or inability to neatly distinguish between race and ethnicity at the turn of the century, but instead we should allow for a space of "in-betweeness" within the strict white/nonwhite binary. In allowing for this space, Roediger claims we can come to understand how the "new immigrants" (i.e., Irish, Italians, Jews, and immigrants from Southern and Eastern Europe who emigrated to the United States between 1860-1924) went from being nonwhite to white and in so doing, solidified our current understanding of whiteness (Roediger 3-130). While I am not sure Roediger does enough in his account to warrant dismissing the race/ethnicity distinction at the turn of the century, I think he is right in emphasizing whiteness as central to racism. He is also correct to note the key role that restrictions on immigration played in the construction and solidification of the U.S. nation-state as a white nation.To be clear, the term whiteness, in its more technical sense, does not simplistically refer to skin color, but denotes the dominant race and/or ethnicity as it passes for the nonracialized and non-ethnic norm upon which the "other" is differentiated. As George Yancy, a current philosopher of race, writes:To say that whiteness is deemed the transcendental norm is to say that whiteness takes itself to be that which remains the same across a field of difference. Indeed it determines what is deemed different without itself being defined by that system of difference. Whiteness is that according to which what is nonwhite is rendered other, marginal, ersatz, strange, native, inferior, uncivilized, and ugly.(Yancy 3)This privilege that whiteness enjoys is... (shrink)

Increasingly, scholarly journals have begun retracting published articles for reasons other than those described by advisory organizations such as the Committee on Publication Ethics (COPE). Numerous research articles have been retracted of late due to political concerns. Additionally, some articles have been retracted for behavioral misconduct, which was also the subject of a recent COPE discussion forum. ‘Behavioral misconduct’ denotes harmful or immoral behavior of one or more authors that is unrelated to the article’s findings or content. We (...) investigated whether federally funded research scientists considered behavioral misconduct a valid reason for retracting published findings and whether the type of behavioral misconduct involved, the level of the expected scientific impact of the article in question, or the kind of editorial action taken affected their support of retraction. Of the 464 participants who took our survey, we found that researchers largely oppose retraction of a published article or removing an author when scientists commit behavioral misconduct, regardless of the type of misconduct involved. However, there was greater support for retraction when the misconduct was financial as compared to racial or sexual misconduct. Not surprisingly, researchers were more likely to use the published information in question in their own work when its impact was high. Future studies should investigate the extent to which these findings are moderated by researchers’ editorial experience and other demographic factors. (shrink)

This book takes the form of intellectual histories of eight major representative figures of the twentieth century, who inherited and responded to the spiritual problematic left by Nietzsche. With each figure offering very different ethical and spiritual positions, all shed light on what we mean when we talk confusedly around the topics of politics and religion. With portraits of Max Weber, Georg Lukács, T.S. Eliot, W.H. Auden, Sigmund Freud, Carl Jung, George Orwell and Hannah Arendt, the author explores the 'latent' (...) content of their worldview - their moral (or immoral) intention - exposing a political position and the religious position of each figure, thus shedding light on their ultimate values and illuminating their particular picture of the soul, as well as the implications of their vision for religion and politics. As such, The Politics of the Soul will appeal to scholars of sociology and social theory, religion, philosophy, political theory and cultural studies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Vice, Disorder, Conduct, and CulpabilityStephen J. Morse (bio)Keywordsvice, conduct, culpability, mental disorderDr. John sadler’s interesting paper raises an important issue. It defines vice as criminal, wrongful or immoral behavior. He claims that the Diagnostic and Statistical Manual of Mental Disorders (DSM) “confounds the concepts of vice and mental illness” and that this confounding has “important implications... for the relationship between crime, criminality, wrongful conduct, and mental illness.” (...) The paper correctly notes that disorders for which vice is the primary criterion tend to be impoverished diagnostically and are probably less valid than non–vice-related disorders. Dr. Sadler wonders if the subjects of his case studies are “involved in sick behavior, immoral behavior, both, neither, or some other metaphysical kind altogether.” This is an excellent question that this comment will seek to clarify. It will also consider the moral and legal implications of the answer.The domain of immoral, wrongful, and criminal behavior is essentially action. Some moral and religious traditions evaluate the content of an agent’s thoughts, desires, and character, but the dominant view is that vice primarily describes action that is wrongful because it violates the rights of others or it is wrong in itself. The rules of morality and law create value, but their essential task is to guide the action of agents who must live together. Dr. Sadler does not explicitly recognize that the diagnostic criteria that are vice are all actions, and not simply abnormal perceptions, desires, thoughts, or moods. His three case studies of conduct disorder, factitious disorder, and paraphilia confirm this point. Even pedophilia, which can be diagnosed simply on the basis of urges or fantasies that cause marked distress or interpersonal difficulty, would not be considered a vice unless the agent acted on these sexual urges. Those individual actions that meet Dr. Sadler’s criteria for vice I will term “vice actions.”Actions, including vice actions, may be evaluated medically and morally. There is no logical or conceptual reason why the same action cannot be both a sign of mental disorder and wrongful and potentially blameworthy. Actions can be just mad, just bad, or mad and bad. Also, the same action may sometimes be a sign of disorder and sometimes not. No general argument suggesting the contrary is provided. Consequently, there is no confound between the concepts of vice and mental disorder unless vice actions fail to satisfy the generic criteria for being a sign of mental disorder. Dr. Sadler seems to implicitly recognize [End Page 47] this when he asks whether vice–mental disorder relationship criteria are impoverished because there is a lack of consensus about “the minimum requirements for an acceptable set of descriptive criteria for a mental disorder category,” or when he asks “where criminal syndromes... fit into a classification of mental disorders.”No consensual, generic definition of mental disorder exists, and deciding whether actions should be signs of mental disorder is particularly fraught because cultural context and values always play a role in the definition of mental disorder. The other potential signs and symptoms of mental disorder are virtually all phenomena that simply happen to people and are not products of agency. Actions are by definition the product of agency, however, and vice actions affect by definition the rights and interests of others. The latter is true whether or not the agent is “vicious.” Even if an agent who has done wrong is excused, the rights of the victim have been violated.Moral, political, and legal evaluation is largely beside the point for non-action signs and symptoms, but it is always on point for vice actions. This is the primary potential source of the confound between vice and disorder. To claim that a vice action is a sign of disorder because it is vice begs the question and is indeed a confound. Even the presence of a biological marker will not save this claim. All human action presumably has biological markers and one cannot say that a marker is of a disorder without first having an independent definition of disorder that the vice action satisfies.Until a robust theory of mental disorder is provided, we cannot determine whether a vice action is... (shrink)

Local government is not free from dilemmas arising from ethical but illegal actions as well as legal, however, unethical ones. This breeds situations in which officials must decide whether to be loyal to the government authorities or citizens, whom they are obliged to serve. For instance, they must decide whether to accept the policy imposed by the district council making them change their clerical rules of conduct which, in their opinion, will be less favourably inclined to citizens. Consequently, they (...) will be obliged either to take or refrain from taking certain actions, which stems from the inner imperative. At the root of this dilemma frequently lies a discord between law and ethics. The choice to be made leads to a moral dilemma. What is associated with this matter indeed is the question of revealing the truth about unethical, illegal, immoral or unlawful behaviour in the government that occurs with the employer’s silent approval. The so-called whistleblowing is the means to achieve it. The process is based on informing people or organizations who have the power to influence actions of the criticized individuals or organizations. This creates situations in which officials can no longer take advantage of two values and are made to choose only one of them. (shrink)

Price gouging occurs when, in the wake of an emergency, sellers of a certain necessary goods sharply raise their prices beyond the level needed to cover increased costs. Most people think that price gouging is immoral, and most states have laws rendering the practice a civil or criminal offense. The purpose of this paper is to explore some of the philosophic issues surrounding price gouging, and to argue that the common moral condemnation of it is largely mistaken. I make (...) this argument in three steps, by rebutting three widely held beliefs about the ethics of price gouging: 1) that laws prohibiting price gouging are morally justified, 2) that price gouging is morally impermissible behavior, even if it ought not be illegal, and 3) that price gouging reflects poorly on the moral character of those who engage in it, even if the act itself is not morally impermissible. (shrink)

Techniques for achieving moral enhancement will modify brain processes to produce what is alleged to be more moral conduct. Neurophilosophy and neuroethics must ponder what “moral enhancement” could possibly be, if possible at all. Objections to the very possibility of moral enhancement, raised from various philosophical and neuroscientific standpoints, fail to justify skepticism, but they do place serious constraints on the kinds of efficacious moral enhancers. While there won't be a “morality pill,” and hopes for global moral enlightenment will remain (...) hopes, there will be a large variety of behavioral modifiers described as enhancers of some aspect of morality or another according to prevailing social norms. The most likely moral enhancers that will be designed, tested, and marketed in the near future will attempt to alleviate seriously immoral and illegal behavior. Some enhancers diminishing antisocial conduct and a few designed to elevate moral conduct above normal levels will also become available, although their widespread use is doubtful. There will also be specialized modifications for enhancing whatever an individual personally regards as moral, and for enabling better performance by a person in an operational role. A measure of skepticism toward all the proposed kinds of moral enhancement is advised, and where political implementation of moral enhancers is concerned, a healthy amount of cynicism as well. (shrink)

Business, management, and business ethics literature pay little attention to the topic of AI robots. The broad spectrum of potential ethical issues pertains to using driverless cars, AI robots in care homes, and in the military, such as Lethal Autonomous Weapon Systems. However, there is a scarcity of in-depth theoretical, methodological, or empirical studies that address these ethical issues, for instance, the impact of morality and where accountability resides in AI robots’ use. To address this dearth, this study offers a (...) conceptual framework that interpretively develops the ethical implications of AI robot applications, drawing on descriptive and normative ethical theory. The new framework elaborates on how the locus of morality and moral intensity combine within context-specific AI robot applications, and how this might influence accountability thinking. Our theorization indicates that in situations of escalating AI agency and situational moral intensity, accountability is widely dispersed between actors and institutions. ‘Accountability clusters’ are outlined to illustrate interrelationships between the locus of morality, moral intensity, and accountability and how these invoke different categorical responses: illegal, immoral, permissible, and supererogatory pertaining to using AI robots. These enable discussion of the ethical implications of using AI robots, and associated accountability challenges for a constellation of actors—from designer, individual/organizational users to the normative and regulative approaches of industrial/governmental bodies and intergovernmental regimes. (shrink)

Warfare is becoming increasingly automated, from automatic missile defense systems to micro-UAVs (WASPs) that can maneuver through urban environments with ease, and each advance brings with it ethical questions in need of resolving. Proponents of lethal autonomous weapons systems (LAWS) provide varied arguments in their favor; robots are capable of better identifying combatants and civilians, thus reducing "collateral damage"; robots need not protect themselves and so can incur more risks to protect innocents or gather more information before using deadly force; (...) robots can assess situations more quickly and do so without emotion, reducing the likelihood of fatal mistakes due to human error; and sending robots to war protects our own soldiers from harm. However, these arguments only point in favor of autonomous weapons systems, failing to demonstrate why such systems need be made *lethal*. In this paper I argue that if one grants all of the proponents' points in favor of LAWS, then, contrary to what might be expected, this leads to the conclusion that it would be both immoral and illegal to deploy *lethal* autonomous weapons, because the many features that speak in favor of them also undermine the need for them to be programmed to take lives. In particular, I argue that such systems, if lethal, would violate the moral and legal principle of necessity, which forbids the use of weapons that impose superfluous injury or unnecessary harm. I conclude by highlighting that the argument is not against autonomous weapons per se, but only against *lethal* autonomous weapons. (shrink)

In this paper, I restrict discussion to cases of psychopathy in which it is assumed that psychopaths who satisfy epistemic requirements of responsibility, including the requirement that one is culpable for an action only if one performs it in light of the belief that one is doing wrong, can and do perform actions they take to be immoral or illegal. I argue that in such cases, the well-documented emotional impairment of psychopaths fails to subvert moral culpability. In particular, (...) it does not undermine the sort of control required for moral blameworthiness and, hence, assuming all other conditions of responsibility have been met, the psychopaths of concern are indeed culpable for their behavior. Drawing, however, from certain lessons regarding the effects of coercion on responsibility, I propose that emotional impairment is a factor that should abate, perhaps even significantly, negative reaction to or treatment of such agents. (shrink)

Despite the fact that a number of economists and philosophers of late defend insider trading both as a viable and useful practice in a free market and as not immoral, I shall question the value of insider trading both from a moral and an economic point of view. I shall argue that insider trading both in its present illegal form and as a legalized market mechanism undermines the efficient and proper functioning of a free market, thereby bringing into (...) question its own raison d'etre. It does so and is economically inefficient for the very reason that it is immoral. Thus this practice cannot be justified either from an economic or a moral point of view. Insider trading is the reverse of speculation. It is reward without risk, wealth generated — and injury done to others — by an unfair advantage in information ... [T]he core principle is clear: no one should profit from exploitation of important information not available to the public. (shrink)

Since the fourth century, B.C.E., the Oath of Hippocrates has been the starting point in analyzing the obligations of physicians to protect the privacy and confidentiality interests of their patients. The pertinent provision of the Oath reads as follows: “What I may see or hear in the course of the treatment or even outside of the treatment in regard to the life of men, which on no account must be spread abroad, I will keep to myself, holding such things shameful (...) to be spoken about.”This part of the Oath is subject to more than one interpretation, but its commonly accepted meaning provides the ethical foundation for the physician’s duty of confidentiality. The Oath expressly declares that a physician’s obligation of confidentiality applies beyond matters of medical care. At a time when there were no hospitals or physician offices, patients received medical care in their homes or in public places. Physicians treating patients in their homes could be expected to see and hear a wide range of activities that might be considered embarrassing, immoral, or even illegal. (shrink)

[Selected as EDITOR'S CHOICE] Background: Extant surveys of people’s attitudes toward human reproductive cloning focus on moral judgments alone, not emotional reactions or sentiments. This is especially important given that some (esp. Leon Kass) have argued against such cloning on the grounds that it engenders widespread negative emotions, like disgust, that provide a moral guide. Objective: To provide some data on emotional reactions to human cloning, with a focus on repugnance, given its prominence in the literature. Methods: This brief mixed-method (...) study measures the self-reported attitudes and emotions (positive or negative) toward cloning from a sample of participants in the United States. Results: Most participants condemned cloning as immoral and said it should be illegal. The most commonly reported positive sentiment was by far interest/curiosity. Negative emotions were much more varied, but anxiety was the most common. Only about a third of participants selected disgust or repugnance as something they felt and an even smaller portion had this emotion come to mind prior to seeing a list of options. Conclusions: Participants felt primarily interested and anxious about human reproductive cloning. They did not primarily feel disgust or repugnance. This provides initial empirical evidence that such a reaction is not appropriately widespread. (shrink)

Whistleblowing refers to the disclosure by organization members of illegal, immoral, or illegitimate practices to persons or organizations that may be able to effect action. Most studies on the topic have been conducted in North American or European private sector organizations, and less attention has been paid to regions such as Turkey. In this study, we study the whistleblowing intentions and channel choices of Turkish employees in private and public sector organizations. Using data from 327 private sector and (...) 405 public sector employees, we find that public sector employees are more idealistic and less inclined to whistleblow externally and anonymously. Higher idealism among public sector employees does not moderate these effects. We find that private sector employees are more relativistic, and that they are more inclined to whistleblow through external and anonymous channels. More relativistic private sector employees are more likely to prefer external whistleblowing; however sector does not moderate the propensity to whistleblow anonymously. (shrink)

Three public opinion studies examined public attitudes toward prevalence reduction (PR; reducing the number of people engaging in an activity) and harm reduction (HR; reducing the harm associated with an activity) across a wide variety of domains. Studies 1 and 2 were telephone surveys of California adults’ views on PR and HR strategies for a wide range of risk domains (heroin, alcoholism, tobacco, skateboarding, teen sex, illegal immigration, air pollution, and fast food). “Moral outrage” items (immoral, disgusting, irresponsible, (...) dangerous) predicted preference for PR over HR, with disgust the most important predictor. In contrast, preferences were not predicted by whether the risk behavior was common, no one else’s business, or harmless. Study 3 explored whether there are domains where liberals might reject HR. A sample of liberal students preferred HR > PR for heroin, but PR > HR for ritual female circumcision; path analysis suggested that this reversal was explained by moral outrage rather than consequentialist judgments of harm to self and harm to others. (shrink)

Whistleblowing (WB) is the practice of reporting immoral or illegal behavior by members of a legitimate organization with privileged access to information concerning an alleged wrongdoing within that organization. A common critique of WB draws on its supposed consequence of generating a climate of mutual distrust. This wariness is heightened in the case of external WB, which may lead to weakening public trust in an organization by diminishing its credibility. Accordingly, even the defenders of WB have presented it (...) as an individual conscientious extrema ratio; the justification of WB as a dutiful practice has lost plausibility. Contrary to this view, we present WB as a specific instance of institutional and individual moral duties of public accountability in nonideal conditions. WB is thus justified as a dutiful corrective practice within a general normative theory of institutions because it qualifies the individual and institutional moral demands attached to rule-governed institutional roles. (shrink)