The paper is about Kant’s moral psychology, a complex analysis and philosophical reflection on the tension of human will as arbitrium sensitivum in acting consistently as ratio essendi. It explores the tension of fallibility of the human will. In Kant’s notion of practical freedom he points to the dynamics of the will—Wille and Willkur—and how it creates tension between choice and culpability. This occurs specifically in the Willkur’s function as the arbiter. I explore the impact of Willkur’s arbitration in self-determination, (...) especially the important call of obedience to the Wille. I conclude with an emphasis on the challenge for Kantian will to operate towards unity which enables the agent to be authentically autonomous. (shrink)

Sometimes ignorance is an excuse. If an agent did not know and could not have known that her action would realize some bad outcome, then it is plausible to maintain that she is not to blame for realizing that outcome, even when the act that leads to this outcome is wrong. This general thought can be brought to bear in the context of climate change insofar as we think (a) that the actions of individual agents play some role in realizing (...) climate harms and (b) that these actions are apt targets for being considered right or wrong. Are agents who are ignorant about climate change and the way their actions contribute to it excused because of their ignorance, or is their ignorance culpable? In this paper I examine these questions from the perspective of recent developments in the theories of responsibility for ignorant action and characterize their verdicts. After developing some objections to existing attempts to explore these questions, I characterize two influential theories of moral responsibility and discuss their implications for three different types of ignorance about climate change. I conclude with some recommendations for how we should react to the face of the theories' conflicting verdicts. The answer to the question posed in the title, then, is: "Well, it's complicated.". (shrink)

There are many actions that we attribute, at least colloquially, to states. Given their size and influence, states are able to inflict harm far beyond the reach of a single individual. But there is a great deal of unclarity about exactly who is implicated in that kind of harm, and how we should think about responsibility for it. It is a commonplace assumption that democratic publics both authorize and have control over what their states do; that their states act in (...) their name and on their behalf. In Not In Their Name, Holly Lawford-Smith approaches these questions from the perspective of social ontology, asking whether the state is a collective agent, and whether ordinary citizens are members of that agent. If it is, and they are, there’s a clear case for democratic collective culpability. She explores alternative conceptions of the state and of membership in the state; alternative conceptions of collective agency applied to the state; the normative implications of membership in the state; and both culpability (from the inside) and responsibility (from the outside) for what the state does. Ultimately, Lawford-Smith argues for the exculpation of ordinary citizens and the inculpation of those working in public services. (shrink)

Andrew Simester’s new book, Fundamentals of Criminal Law: Responsibility, Culpability, and Wrongdoing, is a masterful analysis of the doctrines of the general part of the criminal law and the multiple, overlapping functions that those doctrines serve. Along the way, Simester makes explicit what criminal law theorists routinely presuppose—that the ordinary words “blameworthiness” and “culpability” pick out the same moral concept. This essay argues that this assumed equivalence is mistaken: two concepts are in play, not one. Roughly, to be blameworthy is (...) to be justly liable to blaming practices in virtue of being at fault, and to be culpable is to act in a fashion that manifests or issues from insufficient concern for morally weighty interests. Culpability is not identical to blameworthiness, but rather a ground of blameworthiness: to be culpable is one way to be at fault, thus one way to be blameworthy. More importantly, culpability is not the exclusive ground of blameworthiness; an agent can be at fault, hence blameworthy, without being culpable. This essay defends these conceptual claims and draws forth some implications for two theses that Simester advances: that it is morally permissible to punish persons for criminal negligence and that it is unjust to punish persons who don’t deserve it. (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)

In recent years, philosopher Jeff McMahan has solidified an influential view that moral desert is irrelevant to the ethics of self-defense. This work aims to criticize this view by demonstrating that there are cases in which moral desert has a niche position in determining whether it may be permissible to kill a person in self- (or other-)defense. This is done by criticizing McMahan’s Responsibility Account of liability as being overly punitive against minimally responsible threateners (MRTs), and by demonstrating, through reference (...) to Saba Bazargan’s Hybrid Account of liability to defensive harm, that further justification than mere liability is necessary in the justification of killing these kinds of threateners. It is also argued that other kinds of justifications like lesser-evil justifications are not necessarily strong enough to justify killing MRTs, even on top of established liability. This paper puts forward the view that, where a strong enough moral difference between threatener and innocent victim cannot be established, a justification on the basis of the implications of prior moral acts might, on some occasions, give us reasons to kill or not kill MRTs in self-defense. (shrink)

Under the “Willful Ignorance Principle,” a defendant is guilty of a crime requiring knowledge he lacks provided he is ignorant thanks to having earlier omitted inquiry. In this paper, I offer a novel justification of this principle through application of the theory that knowledge matters to culpability because of how the knowing action manifests the agent’s failure to grant sufficient weight to other people’s interests. I show that, under a simple formal model that supports this theory, omitting inquiry manifests precisely (...) the same degree of disregard of others’ interests as manifested in knowingly acting criminally. Several surprising implications of this view are described, including that when the agent’s method of inquiry has a non-zero false positive rate, his omission of inquiry does not make the same contribution to his culpability as knowledge, while it does, by contrast, when the false negative rate is non-zero. (shrink)

To realize the full potential of solar photovoltaics (PV), PV adopters need to adapt their energy demand to the production of self-generated solar energy as much as possible (i.e., use their PV sustainably). In a longitudinal questionnaire study (N = 74) in the Netherlands, we compared the intention to use PV in a sustainable way before the installation of PV with actual PV use. Wave 1 took place before respondents adopted PV, while Wave 2 took place after they installed PV. (...) We examined whether potential differences between actual sustainable PV use and initial intentions may have implications for how people see themselves and for the motivation they ascribe to their decision to adopt PV. Our results show that the vast majority of people use their PV in a less sustainable way than they anticipated. Furthermore, after the installation of PV, respondents are less likely to see themselves as a sustainable PV user and less likely to believe that PV have positive environmental consequences than before the installation, while environmental self-identity did not differ pre and post-installation of PV. Moreover, the stronger the discrepancy between intended and actual sustainable use of the PV, the less likely people were to see themselves as a sustainable PV user and as a person who acts pro-environmentally in general. These findings suggest that it is important to support people to use their PV in a sustainable way to facilitate them to act upon their intentions. (shrink)

Recent writers on negligence and culpable ignorance have argued that there are two kinds of culpable ignorance: tracing cases, in which the agent’s ignorance traces back to some culpable act or omission of hers in the past that led to the current act, which therefore arguably inherits the culpability of that earlier failure; and non-tracing cases, in which there is no such earlier failure, so the agent’s current state of ignorance must be culpable in its own (...) right. An unusual but intriguing justification for blaming agents in non-tracing cases is provided by Attributionism, which holds that we are as blameworthy for our non-voluntary emotional reactions, spontaneous attitudes, and the ensuing patterns of awareness as we are for our voluntary actions. The Attributionist explanation for why some non-tracing cases involve culpability is an appealing one, even though it has limited scope. After providing a deeper account of why we should take the Attributionist position seriously, I use recent psychological research to argue for a new account of the conditions under which agents are culpable for straightforward instances of blameworthy acts. That account is extended to blameworthiness for non-voluntary responses. I conclude that even when the agent’s failure to notice arises from a nonvoluntary objectionable attitude, very few such cases are ones in which Attributionism implies that the agent is blameworthy for her act. (shrink)

Health professionals had difficulty choosing the right time to discuss life-sustaining treatments (LSTs) since the Korean Act was passed in 2018. This study aimed to understand how patients decide to undergo LSTs in clinical practice and to compare the perceptions of these decisions among health professionals, patients, and families with suggestions to support the self-directed decisions of patients. A retrospective observational study with electronic medical records (EMRs) and a descriptive survey was used. The data obtained from the EMRs included all (...) adult patients who died in end-of-life care at a university hospital in 2021. We also conducted a survey of 214 health professionals and 100 patients and their families (CNUH IRB approval no. 2022-07-006). Based on the EMR data of 916 patients in end-of-life care, 78.4% signed do-not-attempt-resuscitation consents, 5.6% completed the documents for LSTs, and 10.2% completed both forms. LST decisions were mostly made by family members (81.5%). Most survey participants agreed that meaningless LSTs should be suspended, and the decision should be made by patients. Patients and family members (42–56%) and health professionals (56–58%) recommended discussing LST suspension when the patient is still conscious but with predicted deterioration of their condition. The suffering experienced by the patient was considered to be a priority by most patients (58%) and families (54%) during the decision-making process, while health professionals considered “the possibility of the patient’s recovery” to be the highest priority (43–55%). There is still a significant discrepancy in the perceptions of LST decisions among health professionals, patients, and their families despite high awareness of the Act. This situation makes it challenging to implement the Act to ensure respect for the rights of patients to self-determination and dignified end-of-life. Further effort is needed to improve the awareness of LSTs and to clarify the ambiguity of document preparation timing. (shrink)

Suppose two people are about to drown. We are in a position to save only one, so the other will have to die. One of the two has just culpably killed an innocent person, but has no intention of killing anybody else and there is no reason to expect that he will. Everything else being equal, should we give them an equal chance of being saved by flipping a coin? In this paper I argue that we should not. I argue (...) that the implications of a person's moral culpability for (recent or prospective) harm to a particular victim should transfer to other conflict situations in which the wrongdoer might find him or herself. This requires establishing the extent to which a person's contributing to harming another person — and his moral culpability for that harm — impinges on our decision making in situations where it is possible only to assist either the wrongdoer or some other person that is not his victim. (shrink)

Despite its focus on consent the new Human Tissue Act 2004 allows for testing without consent where a relative could benefitIn recognition of the fact that genetic test results in people can have implications for close relatives, the new Human Tissue Act 2004 allows for a direction to access a person’s tissue so that testing can be carried out for the benefit of a relative, without the consent of that person. Clinical practice governed by common law and statute, before (...) this act, acknowledged that the disclosure, without consent, of the results of a genetic test, is ethically permissible in extreme situations for the benefit of a relative. New testing for the benefit of a relative without donor consent challenges the principle that informed or adequate consent should be obtained before a genetic test with considerable predictive powers is carried out. The debate surrounding the analogous situation of HIV testing concluded that in very rare cases, disclosure of an HIV result without consent may be justified, but testing without consent is a professional misconduct. This part of the legislation is controversial and deserves further debate. The Human Tissue Authority should take measures to limit the potential harm that can be caused by this provision.IntroductionAfter much debate, the new Human Tissue Act 2004 was passed by parliament in November 2004. Implementation of this act may be staggered, but it will be fully operational in May 2006. This act has several provisions that have implications in clinical practice for the use of stored tissue or samples containing cells. These provisions allow the Human Tissue Authority to permit access to human tissue for the purpose of obtaining scientific or medical information about a person for the benefit of another family member, without the consent of the donor . …. (shrink)

Quentin Skinner’s appropriation of speech act theory for intellectual history has been extremely influential. Even as the model continues to be important for historians, however, philosophers now regard the original speech act theory paradigm as dated. Are there more recent initiatives that might reignite theoretical work in this area? This article argues that the inferentialism of Robert Brandom is one of the most interesting contemporary philosophical projects with historical implications. It shows how Brandom’s work emerged out of the broad (...) shift in the philosophy of language from semantics to pragmatics that also informed speech act theory. The article then goes on to unpack the rich implications of Brandom’s inferentialism for the theory and practice of intellectual history. It contends that inferentialism clarifies, legitimizes, and informs intellectual historical practice, and it concludes with a consideration of the challenges faced by inferentialist intellectual history, together with an argument for the broader implications of Brandom’s work. (shrink)

An ingenious argument – we may call it the Argument from Excuse – purports to show that the Standard View of Ignorance is false and the New View of Ignorance is true. On the former, ignorance is lack of knowledge; on the latter, ignorance is lack of true belief. I defend the Standard View by arguing that the Argument from Excuse is unsound. I also argue that an implication of my case is that Factual Ignorance Thesis (FIT) is false. According (...) to FIT, whenever an agent A acts from factual ignorance, A is morally blameworthy (culpable) for the act only if A is morally blameworthy (culpable) for the ignorance from which A acts. (shrink)

Although the literature on corporate social responsibility has discussed the scope and meaning of CSR extensively, confusion still exists regarding how to define the concept. One controversial issue deals with the changing legal status of CSR. Based on a review of CSR definitions and meta-studies on CSR definitions, we find that the majority of definitions leans toward voluntary CSR. However, some recent regulatory amendments toward mandatory CSR have called into question the established idea of CSR as merely a managerial tool (...) of self-regulation. In this paper, we juxtapose the evolution of CSR in India against the scholarly literature discussing voluntary-versus-mandatory CSR to understand the recent shift toward a new conceptualization of CSR as a form of co-regulation that includes elements of both voluntary and mandatory regulation. The Indian Companies Act 2013 is a remarkable example in that it replaced an older version from 1956, taking a bold step toward the integration of voluntary and mandatory aspects in the application of CSR. We present practical implications of the Indian case for businesses and discuss implications for CSR theory development; we particularly consider the evolution of the business and society relationship from a voluntary soft law approach to CSR to an increasingly hard law approach and transitory hybrid forms in-between like soft–hard law and hard–soft law. (shrink)

The Law Commission for England and Wales has published for consultation a proposal for an offence of first degree murder. A person found guilty of this offence whether as a principal or an accomplice will receive a mandatory sentence of life imprisonment. It is argued that the conditions for liability as an accomplice put forward by the Commission do not fulfil the Commission's aspiration for a "parity of culpability" between principals and accomplices. The discussion has general implications for the (...) reform of complicity laws. (shrink)

In this short article I examine whether and how one’s minor culpability in giving rise to an instance of otherwise justified defense affects the defense and affects the act giving rise to it.

In Regina v. Murray, (2000, Ont S.Ct.J.) the learned trial judge, Justice Gravely, errs in his interpretation and application of the law of mens rea in the offense of willfully attempting to obstruct justice under section 139(2) of the Criminal Code of Canada. In view of his findings of fact and law, including the determination that the accused knowingly and intentionally committed the actus reus of the offense and the absence of any suggestion that he lacked awareness of any relevant (...) facts, there is no question in law but that Kenneth Murray was liable to be, and actually should have been, convicted. Nonetheless, the trial judge concluded that Murray’s alleged belief, that his actions were required by his duty to his client, raised a reasonable doubt about his intention to obstruct justice and entitled him to be acquitted. -/- In his reasons for judgment, the trial judge analyzes mens rea as if there is a “color of right” defense to the offense of obstruction of justice. In law, however, no such defense exists to this offense. Consequently, even if Mr. Murray did “honestly believe” that he had a duty to his client not to disclose the existence of the video tapes, that belief could not provide him with an exculpatory defence. In Canada, pursuant to common law and section 19 of the Criminal Code, mistakes of law do not excuse accused persons from responsibility for criminal conduct in the absence of a statutory exception. No exception exists for the offense of obstruction of justice. Yet the Crown did not choose to appeal and thereby signaled its acceptance of the legal analysis adopted by the trial judge. By contrast, if the analysis proposed in this piece had been adopted, the Crown should have prevailed at trial and, if unsuccessful at trial, would have had a right of appeal on a question of law. -/- At least two tendencies converge as significant influences shaping the outcome in the Murray case. The central tendency, discussed in Part I of this article, is the trial judge’s treatment of the accused’s alleged mistake about his legal duty as if it were a mistake about a question of fact which therefore could give rise to a reasonable doubt about intention or culpable awareness. This approach to mistaken beliefs ignores the distinction between mistakes of law and mistakes of fact, and then characterizes all mistakes as mistakes of fact. Unfortunately, this is not uncommon in the case law. In recent years however, as explained below, the judiciary has rejected that approach in a number of leading cases and ruled that mistakes which are actually mistakes about the meaning, scope, or application of the law are subject to the general rule and do not provide an accused with an exculpatory defense. The relationship between mistake of law and mens rea in Canadian criminal law has also been the subject of critical scholarly comment in Canada in recent years. The Murray decision provides evidence that, despite clarification by the Supreme Court, in some lower courts the unrefined approach to mistaken belief continues to shape the legal analysis of criminal culpability, even when the mistaken belief is overtly a belief about the law. This will not change until the proper characterization of mistaken beliefs as legal or factual becomes a deliberate and common-place aspect of case analysis at the trial court level. -/- The other tendency, discussed in Part III of this article, is one that often appears as a companion to the first - the judicial tendency to perceive and invoke analytical legal ambiguity in favour of accuseds more readily in cases in which the impugned conduct involves the discretionary exercise of authority which, when used appropriately, is fully legitimate and essential to the normal functioning of the existing socio-legal order. Of course, courts are strongly influenced by the arguments put to them by counsel. And counsel, acting on behalf of client groups with particular group interests may, consciously or unconsciously, favour the development of those lines of analysis which are protective of that interest or associated institutional interests. One of the reasons for scrutinizing the Murray case is that it provides a concrete context for discussion of those issues in relation to an actual decision made by Crown prosecutors. The case provides an occasion to examine a specific example of the exercise of prosecutorial discretion, its implications for the administration of criminal justice, and its broader potential impact on the public interest. [See also errata in UNBLJ 2002 volume 52 at pp 309-310.]. (shrink)

Congress implemented the Medicaid Act in 1965, acting pursuant to its Spending Clause authority to “provide for the…general Welfare.” Over time, the Act has been amended more than 50 times. Most recently, as part of the Patient Protection and Affordable Care Act, Congress required participating states to extend Medicaid eligibility to childless, non-disabled, and non-elderly adults with incomes below roughly 133% of the federal poverty level.Within hours of President Obama signing the ACA into law, four lawsuits were filed challenging the (...) con-stitutionality of the ACA, including a case in Florida that eventually made its way to the Supreme Court as National Federal of Independent Business v. Sebelius. As part of this case, officials from 26 states argued that Congress was improperly coercing them into participating in the Medicaid expansion. (shrink)

In this article we investigate whether non-culpably benefiting from wrongdoing or injustice generates a moral requirement to disgorge these benefits in order to compensate the victims. We argue that a strong requirement to disgorge such benefits is generated only if other conditions or factors are present. We identify three such factors and claim that their presence would explain why the normative features of certain types of cases of benefiting from wrongdoing differ from cases of benefiting from simple misfortune or bad (...) luck. (shrink)

This paper reviews the AWARE(TM) software distributed by the Electric Power Research Institute (EPRI). The program is designed to facilitate the Federal Energy Regulatory Commission (FERC) license renewal process for US hydropower installations. The discussion reviews the regulatory, legal, and social contexts that give rise to the creation and distribution of AWARE(TM). The principal legal impetus for AWARE(TM) is the Electric Consumer Protection Act (ECPA) of 1986 that directs FERC to give equal consideration to power and non-power resources during relicensing. (...) The software is reviewed in this paper from several perspectives including those of natural resource economics, systems modeling, and the social context within which FERC licensing decisions are made. We examine both the software and its underlying methodology and find significant problems with each. Because of its flaws, AWARE(TM) does little to further ECPA's equal consideration requirement. We find that the conservation and restoration impact of ECPA for US fisheries could be seriously hampered by the widespread use of AWARE(TM). (shrink)

While the ethical implications of corporate actions have received increasing attention, one important area overlooked by both researchers and corporate codes of ethics is the significant ethical implications of corporate records management practices. This article discusses the operational and strategic purposes of modern corporate records management programs—including scorched earth programs which seek to reduce exposure to potential liability by eliminating documentary evidence from corporate files that could be used to establish culpability in future governmental investigations or in litigation (...) by persons injured by corporate actions. As a first step toward developing relevant ethical guidelines and decision criteria for socially-responsible records management practices, the ethical values of freedom of choice and avoidance of harm are applied to various corporate decisions as to (1) which information should be retained as records and for how long, (2) subsequent disclosure or non-disclosure of that information and to whom, and (3) decisions as to when information in corporate records may properly be destroyed. (shrink)

Rescued in 1972 from a storeroom in which rats and seeping water had severely damaged the fifty-year-old manuscript, this text is the earliest major work (1919-1921) of the great Russian philosopher M. M. Bakhtin. Toward a Philosophy of the Act contains the first occurrences of themes that occupied Bakhtin throughout his long career. The topics of authoring, responsibility, self and other, the moral significance of "outsideness," participatory thinking, the implications for the individual subject of having "no-alibi in existence," the (...) difference between the world as experienced in actions and the world as represented in discourse--all are broached here in the heat of discovery. This is the "heart of the heart" of Bakhtin, the center of the dialogue between being and language, the world and mind, "the given" and "the created" that forms the core of Bakhtin's distinctive dialogism. A special feature of this work is Bakhtin's struggle with the philosophy of Immanuel Kant. Put very simply, this text is an attempt to go beyond Kant's formulation of the ethical imperative. Toward a Philosophy of the Act will be important for scholars across the humanities as they grapple with the increasingly vexed relationship between aesthetics and ethics. (shrink)

Most philosophers and psychologists who have explored the psychology of climate change have focused only on motivational issues—getting people to act on what morality requires of them. This is misleading, however, because there are other psychological processes directed not at motivation but rather our ability to grasp the implications of climate change in a general way—what Stephen Gardiner has called the ‘grasping problem’. Taking the grasping problem as my departure point, I draw two conclusions from the relevant psychological literature: (...) 1) ethicists and policy makers should focus less on changing individuals’ behaviors and more on changing policy; and 2) even though solutions to climate change must come at the level of policy, progress on this front will be limited by incompatible moral norms. (shrink)

The same aggressive act will – all else being equal – have a different behavioral significance according to whether it is performed by a man or a woman. Such a perspective should have profound implications for legal and psychiatric practice, and for social policy in general.

This paper examines the role of the straight-commissioned salesperson in the context of agency theory and asserts that because the agent acts to benefit two principals, potential conflicts of interest arise. Temporal differences in receipt of rewards create a major conflict, while the firm's exhibition of both espoused and actual behaviors and information asymmetries intensify this conflict. Finally, in light of these inconsistencies, the ethical implications of the straight-commission compensation system are examined.

Surface acting is a heavy emotional and cognitive task practiced by nurses, which has negative consequences on their wellbeing. The shortage of nurses along with the occurrence of the COVID-19 pandemic has worsened the situation. Based on job demands-resources and conservation of resources theories, this study aims to investigate the adverse impact of practicing SA and buffering effect of a sense of community on job stress and cognitive weariness among Iranian nurses confronting COVID-19. As this study is written within the (...) scope of Frontiers’ call for research on “Spirituality in the workplace,” the findings suggest that the aforementioned factors are in significant positive relationships. Furthermore, the empirical evidence indicates that there is a significant indirect effect of SA on CW through JS. In addition, results reveal that there is a buffering effect of SOC on the SA and JS relationship, while there is no significant moderation effect regarding the JS and cognitive weariness association. The findings of this study provide theoretical and practical implications within the scope of spirituality in the workplace. (shrink)

It is important to design digital infrastructure that can better accommodate multicultural and pluralistic views from its foundations. It is insufficient to look at only the responses and influences of culture on technology without considering how the technology can be adapted in anticipation of, and to support, pluralistic multicultural perspectives in its original design. This goes beyond the simple act of supporting multiple languages and interfaces, but should include the ability of digital and data infrastructure to capture and accommodate pluralistic (...) views, supporting multiple perspectives in the representation and processing of the data itself. In this work, we look at how rethinking the representation of data can allow us to more directly tackle domains that are typically hampered due to intercultural differences, and their inevitable losses in translation, particularly losses of valuable information like context and intention. When we refer to a loss of context and intention, we are referring to the loss of semantic information when practices such as referencing and citation are hard-coded to a particular set of cultural norms. We show that it is possible to expand the way in which we track referential data to capture richer semantic information regarding the contexts and intentions of the creators of this data, and thereby better serve the varied needs of those who consume, study, and refer to such data. We demonstrate this concept through a prototype system for a multicultural digital infrastructure, which we have namedMultiVerse, and discuss its ethical implications from the perspectives of ‘multistability’, Intercultural Information Ethics framework, and poststructuralism. (shrink)

THERE have been several attempts in recent philosophical discussion to present criteria for determining which words have ontological implications. I am going to concern myself with one attempt. The paradigm case argument has been appealed to in philosophical disputes ranging over such wide problem-areas as ‘other minds’, ‘freedom and determinism’ and ‘epistemological scepticism’. Reference has been made to paradigm cases in answering philosophers’ claims that ‘I can never know that another person is in pain’, ‘There are no acts (...) of free-will’ and ‘I can never know anything for certain’. (shrink)

The creation of humanity (Gn 1:26–2:25) marks the climatic point of the creation process because after it, God is said to have rested. A clear marker that humans are the epitome of creation is the fact that they were created in God’s image (Gn 1:26). Unlike animals, humans have the capacity to think, act with free will, exert self-control and also have a conscience. These distinctive characteristics earn humanity not only dominion over creation (Gn 1:28), but also the care towards (...) the created order. The fact of having been created in God’s image, imago Dei, or to be godlike, is therefore associated with certain rights and responsibilities over creation. Further, being created in God’s image implies that human life itself is sacred and thus should not be terminated in any way, either by the individual themself or by any other person(s) (Gn 9:6). Given that human life is so sacred, such a rationale is invoked in the absolute prohibition on murder. Above all, being created in God’s image connotes gender equality – ‘male and female he created them’ (Gn 1:27b). In view of the land reform exercise in Zimbabwe, so much has happened, but the big question which remains is whether women have received a fair share in the land redistribution exercise. Making a womanist contextual reading of Genesis 1:26, this article seeks to reflect on the Zimbabwean land reform exercise, challenging the lack of gender inclusion in the redistribution exercise. Contribution: Given that women theology is that of liberation, empowerment and affirmation, this research makes a unique contribution to women theologies as it pushes for women’s empowerment through fair land redistribution. By tapping into the implications of having been created in God’s image, the research has successfully argued that the current situation, whereby gender gaps in land ownership are still quite large, needs to be addressed as stewardship over creation was given to both men and women. (shrink)

BackgroundVerbal autopsy is a pragmatic approach for generating cause-of-death data in contexts without well-functioning civil registration and vital statistics systems. It has primarily been conducted in health and demographic surveillance systems (HDSS) in Africa and Asia. Although significant resources have been invested to develop the technical aspects of verbal autopsy, ethical issues have received little attention. We explored the benefits and burdens of verbal autopsy in HDSS settings and identified potential strategies to respond to the ethical issues identified.MethodsThis research was (...) based on a case study approach centred on two contrasting HDSS in Kenya and followed the Mapping-Framing-Shaping Framework for empirical bioethics research. Data were collected through individual interviews, focus group discussions, document reviews and non-participant observations. 115 participants were involved, including 86 community members (HDSS residents and community representatives), and 29 research staff (HDSS managers, researchers, census field workers and verbal autopsy interviewers).ResultsThe use of verbal autopsy data for research and public health was described as the most common potential benefit of verbal autopsy in HDSS. Community members mentioned the potential uses of verbal autopsy data in addressing immediate public health problems for the local population while research staff emphasized the benefits of verbal autopsy to research and the wider public. The most prominent burden associated with the verbal autopsy was emotional distress for verbal autopsy interviewers and respondents. Moral events linked to the interview, such as being unsure of the right thing to do (moral uncertainty) or knowing the right thing to do and being constrained from acting (moral constraint), emerged as key causes of emotional distress for verbal autopsy interviewers.ConclusionsThe collection of cause-of-death data through verbal autopsy in HDSS settings presents important ethical and emotional challenges for verbal autopsy interviewers and respondents. These challenges include emotional distress for respondents and moral distress for interviewers. This empirical ethics study provides detailed accounts of the distress caused by verbal autopsy and highlights ethical tensions between potential population benefits and risks to individuals. It includes recommendations for policy and practice to address emotional and moral distress in verbal autopsy. (shrink)

This paper examines Lockie’s theory of libertarian self-determinism in light of the question of prediction: “Can we know (or justifiably believe) how an agent will act, or is likely to act, freely?” I argue that, when Lockie's theory is taken to its full logical extent, free actions cannot be predicted to any degree of accuracy because, even if they have probabilities, these cannot be known. However, I suggest that this implication of his theory is actually advantageous, because it is able (...) to explain and justify an important feature of the practices we use to determine whether someone has acted culpably: our hostility to the use of predictive evidence. (shrink)

I investigate the complex relationship between politics and philosophy by focusing on the notion of testimony. I argue that there is a necessary and fruitful tension between sapiential and political life. Testimony is characterized here as a free value-response in an intersubjective relation that requires empathy on both sides of the communication. This act of affirming a truth or value goes beyond the limits of prudent self-realization and self-preservation: authentic testimony requires some kind of self-sacrifice. I contrast this general image (...) of testimony to Jan Patočka’s interpretation of «care for the soul». Patočka, by following the early Husserl’s renewal of philosophy, managed to establish and to preserve the harmony between theory and praxis even during persecution of the communist regime. His courageous acts come close to and illuminate the testimony of Edith Stein, who set the measure for philosophical authenticity and self-donation. The comparison of these two testimonies helps to elaborate the notion of exemplary sapiential life — a highly relevant notion for politics. (shrink)

Church planting is an essential instrument in God’s hand to redeem humanity through the power of the gospel. Several church planters and locations have utilised several church planting methods at different eras. The aim of this article is to find out how it was done during the apostolic period and its significance to the body of Christ. The historical-analytical method was used to discover the scriptural foundations of church planting, patterns of church planting in the book of Acts, the (...) challenges accompanying the pattern and its implications for the contemporary church. Contribution: Therefore, the researcher believes that all Christian missionaries, missions agencies, church planters, missiologists and pastors will have a better understanding of how best to go about the business of Church planting in contemporary times as the article concludes that the church planting pattern in the book of Acts is fundamental and strategic in propagating the gospel in the world today. (shrink)

This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...) for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book contributes to the development of a coherent theory of action in philosophy. It provides a grounding in three of the most basic elements of criminal liability for legislators, judges, and the lawyers who argue to them. (shrink)

ABSTRACTDaoist ethics are difficult to pinpoint in a Western ethical framework. At times classic Daoist texts advocate for certain ways of life over others, yet at other times they rebel against the notions of right and wrong. This attitude about right and wrong, leads some to believe that Daoists are moral relativists who believe that right and wrong are merely an arbitrary valuing within the mind and that there is no justification for external moral critique. Others believe that there is (...) a Daoist ethic, but it advocates only not acting, in the literal sense, when we are faced with ethical choices. This paper attempts to show a coherent, universal ethic that can be inferred from a close reading of these texts. (shrink)

This paper acts as an introduction to a dossier centered on the ethical implications of Practicing Philosophy with Children and Adults. It identifies ethical themes in the P4C movement over three generations of theorists and practitioners, and argues that, historically and materially, the transition to a “new” hermeneutics of childhood that has occurred within the P4C movement may be said to have emerged as a response to the ever-increasing pressure of neoliberalism and a weaponized capitalism to construct public (...) policies in education on an over-regulated, prescribed, state-monitored, model. Could a new relationship to childhood provide the ethical and political agenda that our times require for doing philosophy with children with integrity? Could a radical listening and openness to childhood—which has been an intrinsic confessional characteristic of P4C pedagogy from the beginning--sustain the movement through these dark times? Finally, the paper presents a set of articles written in response to these questions: What, if any, should the ethical commitments of the P4C facilitator be? Is political/ideological neutrality required of the P4C facilitator? Is political neutrality possible? What constitutes indoctrination in educational settings? Are children more vulnerable to indoctrination than adults, and if so, what are the implications of that fact for the practice of P4C? What are the uses of P4C in the dramatically polarized ideological landscape we currently inhabit? What, if any, are the ethical responsibilities of a teacher engaging in philosophical practice? Are the philosophical practitioner’s ethical responsibilities similar or different when the subjects are children or adults? Does every methodology have a “hidden curriculum”? If so, what is the hidden curriculum of P4C? What distinguishes dialogical from monological practice? May one have the appearance of the other? Is the “Socratic method” as we conceive it dialogical? What, if any, are the uses of irony in philosophical practice? Should Socrates be considered a model for P4C practitioners? (shrink)

I argue that biographical information is akin to other non-aesthetic, social, historical, or political information. As such, artist’s biographies are always relevant and important when interpreting art. While the meaning and value of a piece of art is not determined by any single piece of contextual information, neither is its meaning and value ever entirely separated from context. In some cases, however, a piece of art that is technically magnificent may be experienced as repugnant when the artist has committed egregious (...) acts. (shrink)

We assume that acting ethically is a skill. We then use a phenomenological description of five stages of skill acquisition to argue that an ethics based on principles corresponds to a beginner’s reliance on rules and so is developmentally inferior to an ethics based on expert response that claims that, after long experience, the ethical expert learns to respond appropriately to each unique situation. The skills model thus supports an ethics of situated involvement such as that of Aristotle, John Dewey, (...) and Carol Gilligan against the detached, rationalist ethics of Kant, John Rawls, Lawrence Kohlberg, and Jürgen Habermas. (shrink)

The central question in this article concerns the implications of developments in the rearrangement of tasks in health care, particularly for nurses in terms of their duties and responsibilities. Attention is focused on the transfer of medical tasks from physicians to nurses. An investigation was carried out on the impact of the rearrangement of tasks from the perspective of health care law on the legal framework of the nursing profession. From case law it can be concluded that a number (...) of specific conditions have to be met, such as mentoring, supervision and audit, orders and instructions, clear agreement about task allocation, comparing information, and making certain that the person who is given the instruction is sufficiently competent and experienced to carry it out. Although the rearrangement of tasks fits into the existing legal framework, changes in the health professions have to be met more flexibly. (shrink)

The principle of liberal neutrality requires governments to avoid acting to promote particular conceptions of the good life. Yet by determining who uses natural resources and how, environmental policy makers can affect the availability of resources needed by individuals to carry on meaningful lives and in doing so can effectively privilege some versions of the good life at the expense of others. A commitment to liberal neutrality by implication promotes environmental policy that accommodates competing activities in order to provide a (...) wide range of resources that can support diversity in individual lives. It also encourages caution with regard to legislation based on deep ecology, the intrinsic value of species, and the fear of impending environmental catastrophe. (shrink)

This paper considers the practical question of why people do not behave in the way they ought to behave. This question is a practical one, reaching both into the normative and descriptive domains of morality. That is, it concerns moral norms as well as empirical facts. We argue that two main problems usually keep us form acting and judging in a morally decent way: firstly, we make mistakes in moral reasoning. Secondly, even when we know how to act and judge, (...) we still fail to meet the requirements due to personal weaknesses. This discussion naturally leads us to another question: can we narrow the gap between what people are morally required to do and what they actually do? We discuss findings from neuroscience, economics, and psychology, considering how we might bring our moral behavior better in line with moral theory. Potentially fruitful means include nudging, training, pharmacological enhancement, and brain stimulation. We conclude by raising the question of whether such methods could and should be implemented. (shrink)

This paper examines the phenomenological considerations which govern an important transition in the thought of Edmund Husserl, namely his gradual disenchantment with the view that acts of the imagination are given to consciousness in the manner of a semblance, and his decision to replace it with the view that they should more accurately be understood to be reproductions of non-posited perceptions. The central conclusion of this paper will be that the logic of Husserl’s own analysis points to a further (...) phenomenological discovery that Husserl himself does not fully articulate, but which helps to explain his initial attraction toward an imagistic account of imagining. This is the finding that a structure homologous to picture-consciousness is liable to arise in the context of nested reproductions, and in particular that acts of remembering imagining bear the act-character of pictoriality. (shrink)

Neuroplasticity, the capacity of the brain to induce changes in response to environmental stimuli, entails a continuous rearrangement of the neural network through a complex interaction between genetics and environment. Within this process, the plastic brain uses its internal representations to predict future conditions and proactively proceed to actions. It can be said that plasticity demands a rethinking of the concept of determinism as the process of coming-to-be is directly related to modifications produced by experience. Pure determinism and complete randomness (...) are the two ends of a spectrum of positions relevant to the debate of the existence of free will. However, none conceptually supports free decision-making. How brain activity and the conscious experience of volition are related to one another has been a matter of significant research, with a plethora of findings indicating that early brain signals precede the self-reported time of the decision to act. The meaning of these findings, however, has been debated at both a theoretical and empirical level and the controversy is still ongoing. Consciousness is intertwined with free will along the dimension of time as it would otherwise be purposeless, taking place right at the next moment. Electrical activity of the brain is a measure of neurophysiological function and contributes to the understanding of processes that underlie high-order cognitive functions. A multidisciplinary approach in the study of free will could be designed in a way that philosophical concepts are connected to neural correlates by psychologically functionalizing them in terms of cognitive abilities. Such abilities are at the margins of conscious and nonconscious sensory information and are closely linked to brain processes of executive functions like attentional control and working memory. (shrink)