In the last decades the ethics of virtue became the central issue of ethical research. This leads to the question, whether the ethics of virtue is an alternative or a complementary theory to the deontological ethics. The question then is, whether the ethics of virtue can be fully independent of moral rules and which of the issues of the ethics of virtue can not, due to their specific character, be resolved in the frame of (...) deontological ethics. The attention is paid to the vigorous aspects as well as to the blind spots of this theory. The deontological approaches and the approaches based on virtue are seen by the author as two different, limited, partially overlapping, but mutually independent ethical perspectives. For her the discussions about whether these ethical systems are alternative or complementary are the discussions concerning the grounds of ethics. (shrink)

황금률의 윤리에 관한 기존의 연구들은 주로 황금률과 상호주의 그리고 사랑의 법간의 관계를 다루어왔다. 황금률에 관한 기존의 이러한 연구들은 중대한 한계를 노정하고 있다. 이러한 연구들은 무엇보다도, 황금률이 제시되는 텍스트를 선택적으로 취함으로써, 황금률의 특징에 대한 혼동을 초래할 뿐만 아니라, 동일한 텍스트에 나타나는 다양한 도덕규범들에 대해 일관적인 설명을 결여하고 있다. 이러한 한계들로 인하여 기존의 연구들은 황금률의 윤리가 가지는 독특성을 보여주지 못하고 있는데, 그 독특성은 이 논문에서 제시하는 간접적 삼자관계의 논리로 표현될 수 있는 것이다. 간접적 삼자관계는 텍스트 내에 혼재한 다양한 도덕규범들의 관계를 일관적으로 설명하고 (...) 황금률의 성격을 해명하는 한 가지 방법을 제시한다. (shrink)

Connecting several strands of Aristotle's thought, Zoli Filotas sheds light on one of the axioms of Aristotle's ethics and political philosophy - that every community has a ruler - and demonstrates its relevance to his ideas on personal relationships. Aristotle and the Ethics of Difference, Friendship, and Equality reveals a pluralistic theory of rule in Aristotle's thought, tracing it through his corpus and situating it in a discussion among such figures as Gorgias, Xenophon, and Plato. Considering the similarities (...) and differences among various forms of rule, Filotas shows that for Aristotle even virtuous friends must exercise a version of rule akin to that of slaveholders. He also explores why Aristotle distinguishes the hierarchical rule over women from both the mastery of slaves and the political rule exercised by free and equal citizens. In doing so, he argues that natural and social differences among human beings play a complex, and troubling, role in Aristotle's reasoning. Illuminating and thought-provoking, this book reveals Aristotle's ambivalence about political relations and the equal treatment they involve and offers an engaging inquiry into how he understood the common structures of human relationships. (shrink)

In Ethics Beyond Rules Keith Stanglin offers a clear and accessible resource for Christians who want to lead ethical lives today. Stanglin's easy-to-understand Christian ethic doesn't have a long list of rules to follow but instead bases moral decision-making on Christian love.

Rarely do we come across a book that has the force and cogency to provoke us to reevaluate the most fundamental tenets of psychoanalysis. One of the most brilliant psychoanalytic scholars of our time, M. Guy Thompson revolutionizes our understanding of the axiomatic principles upon which psychoanalysis is based. Through a careful exegesis of Freud's texts, he persuasively shows how the fundamental rule of psychoanalysis is not merely a vehicle for free association but, more importantly, a pledge to honesty. Contextualized (...) in the subjective lived experience each analyst faces, Thompson demonstrates how Freud's technical mandates are nothing less than ethical imperatives by which to live, authentically. This fascinating exploration into the philosophical dimensions of psychoanalysis offers a compelling contribution to the clinical application of psychoanalytic doctrine that will be of interest to psychoanalytic practitioners of all persuasions. (Jon Mills). (shrink)

In recent years rule-scepticism has been dominant among experts concerning Aristotle’s ethics. The present paper addresses three points that speak for this sceptical attitude: (i) Aristotle’s caveat against precision in ethics; (ii) the emphasis on the particular conditions of actions and on experience; (iii) the fact that moral education relies on habituation rather than teaching. At a closer look it emerges that all these considerations presuppose universal rules, laws, and institutions rather than exclude them, for they concern (...) the adjustment of universal principles to particular cases. Knowledge of these principles may not be necessary in routine cases, but the emphasis on a master-science that provides the laws necessary for every well-functioning community and the appropriate education of the citizens shows that these principles are the indispensable foundation of both ethics and politics. It is Aristotle’s aim to provide the groundwork of such a master science that is the common concern of his ethics and politics. (shrink)

In this paper, we explore and describe what is needed to allow connected and automated vehicles to break traffic rules in order to minimise road safety risk and to operate with appropriate transparency. Reviewing current traffic rules with particular reference to two driving situations, we illustrate why current traffic rules are not suitable for CAVs and why making new traffic rules specifically for CAVs would be inappropriate. In defining an alternative approach to achieving safe CAV driving (...) behaviours, we describe the use of ethical goal functions as part of hybrid AI systems, suggesting that functions should be defined by governmental bodies with input from citizens and stakeholders. Ethical goal functions for CAVs would enable developers to optimise driving behaviours for safety under conditions of uncertainty whilst allowing for differentiation of products according to brand values. Such functions can differ between regions according to preferences for safety behaviours within that region and can be updated over time, responding to continual socio-technological feedback loops. We conclude that defining ethical goal functions is an urgent and necessary step from governmental bodies to enable the safe and transparent operation of CAVs and accelerate the reduction in road casualties they promise to achieve. (shrink)

Harm-reduction approaches are used to reduce the burden of risky human behaviour without necessarily aiming to stop the behaviour. We discuss what an introduction of harm reduction for doping in sports would mean in parallel with a relaxation of the antidoping rule. We analyse what is ethically at stake in the following five levels: (1) What would it mean for the athlete (the self)? (2) How would it impact other athletes (the other)? (3) How would it affect the phenomenon of (...) sport as a game and its fair play basis (the play)? (4) What would be the consequences for the spectator and the role of sports in society (the display)? and (5) What would it mean for what some consider as essential to being human (humanity)? For each level, we present arguments for and against doping and then discuss what a harm-reduction approach, within a dynamic regime of a partially relaxed antidoping rule, could imply. We find that a harm-reduction approach is morally defensible and potentially provides a viable escape out of the impasse resulting from the impossibility of attaining the eradication of doping. The following question remains to be answered: Would a more relaxed position, when combined with harm-reduction measures, indeed have less negative consequences for society than today9s all-out antidoping efforts that aim for abstinence? We provide an outline of an alternative policy, allowing a cautious step-wise change to answer this question and then discuss the ethical aspects of such a policy change. (shrink)

Examines the place of rules in virtue ethics, and concludes by reviewing examples that the idea that virtue ethics can have no place for rules is groundless.

Mike Schutt dissects ABA Model Rule 8.4(g), exposing its vagueness, excessive breadth, and prima facia viewpoint discrimination.

Some philosophers argue that throughout its long history, Confucian ethics have stressed character formation or personal cultivation of virtues. Thus, it seems appropriate to characterise Confucian ethics as ethics of virtue. in this book, the author attempts to critique the apparent similarity and show, on the contrary, that Confucian ethics are better conceived of as a unique kind of ethics, in which rule-based morality and virtues are united. Through a unique analysis of Confucian ethics (...) and comparison between Confucian ethics and some Western ethical theories, the author also hopes to generate suggestions and ideas on how to integrate or unify rule and virtue in one moral theory. (shrink)

Like every major new technology, genetic engineering is affecting the hopes and fears of many people. The risks involved are perceived differently by different groups. One group regards genetic engineering as a simple extension of older techniques with no special risks, e.g. traditional breeding. This conservative denial of special risks is confronted with a different kind of conservatism from a group which, in the name of the preservation of nature, opposes any kind of genetic engineering. A third group, rooted in (...) the liberal tradition, is prepared to accept the risks of genetic engineering as long as they are outweighed by prospective benefits. The liberal as well as the two conservative approaches, however, face serious difficulties in trying to develop a sound ethical argument concerning genetic engineering. In order to avoid these difficulties, an ethical approach focused on paradigmatic examples of good and evil is proposed. Such examples constitute rules of moral description, much as standards of measurement constitute rules of physical description. These rules are elaborated and interpreted in processes of social learning. In the present state of development of genetic engineering, such social learning requires appropriate institutional procedures. (shrink)

A new examination of the ethical dictum, ‘The Golden Rule’ exploring its formulation and significance in relation to the world’s major religions.>.

Professionals often believe that they must “exercise judgment” in making decisions critical to other people’s lives. The relative superiority of statistical prediction rules to intuitive judgment for combining incomparable sources of information to predict important human outcomes leads us to question this personal input belief. Some professionals hence use SPR’s to “educate” intuitive judgment, rather than replace it. In psychology in particular, such amalgamation is not justified. If a well‐validated SPR that is superior to professional judgment exists in a (...) relevant decision making context, professionals should use it, totally absenting themselves from the prediction. (shrink)

It has recently been argued that the following Rule should be part of any characterization of science: Claims concerning specific disputed facts should be endorsed only if they are sufficiently supported by the application of validated methods of research or discovery, and moreover that acceptance of this Rule should lead one to reject religious belief. This paper argues, first, that the Rule, as stated, should not be accepted as it suffers from a number of problems. And second, that even if (...) the Rule were to be acceptable, it should not lead one to reject religious belief. (shrink)

In On Virtue Ethics I offered a criterion for a character trait's being a virtue according to which a virtuous character trait must conduce to, or at least not be inimical to, four ends, one of which is the continuance of the human species. I argue here that this does not commit me to homosexuality's being a vice, since homosexuality is not a character trait and hence not up for assessment as a virtue or a vice. Vegetarianism is not (...) up for such assessment either, for the same reason, but, as a practice, may well be required by the virtue of compassion, and sacrificing one's life for an animal or alien may be required by courage. The clause about the continuance of the human species in my criterion does not specify a foundational value, because, following McDowell, I reject foundationalism. (shrink)

In light of a history of an unethical news media system used by the state as an instrument of oppression, media ethics in South Africa is intended to uphold the foundational tenets of journalism and play a pivotal role in addressing issues of diversity, equity, and social justice. Most recently, the 2021 Inquiry into Media Ethics and Credibility report instructed media watchdogs, such as the South African Press Council, to track data concerning ethical breaches based on the potential (...) that such data can contribute to transparency and accountability. This study examines the trends in ethical issues raised in rulings by the South African Press Council (PCSA) over the period 2018–2022. Our analysis found that most of the South African news media publications registered with PCSA have a good track record when it comes to upholding ethical standards. However, a few publications have a disproportionate share of the complaints against them. (shrink)

Using chess decision making as a model for ethical decision making, I show that ethical decisions rarely involve the conscious application of moral rules. I discuss the metaethical and normative implications of this aspect of ethical decision making in terms of the moral philosophies of Sartre, Hare, and Aristotle. I conclude with a discussion of the implications of the chess model in research and teaching in applied ethics.

It has recently been argued that the following Rule should be part of any characterization of science: Claims concerning specific disputed facts should be endorsed only if they are sufficiently supported by the application of validated methods of research or discovery, and moreover that acceptance of this Rule should lead one to reject religious belief. This paper argues, first, that the Rule, as stated, should not be accepted as it suffers from a number of problems. And second, that even if (...) the Rule were to be acceptable, it should not lead one to reject religious belief. (shrink)

Preview: /Review: Martha Nussbaum, The Cosmopolitan Tradition: A Noble but Flawed Ideal, 310 pages./ For decades Martha Nussbaum allied herself whole-heartedly with cosmopolitanism. No longer. She appealed at length to the righteousness of Stoic cosmopolitanism in past publications such as Cultivating Humanity in 1997. Now, according to The Cosmopolitan Tradition, that founding ideal cannot be right. She presently advocates what may be called “ethical nationalism” since no system of political internationalism could be good enough. A reassessment of cosmopolitanism by this (...) unimpeachable expert must be considered carefully. Despite saying that “cosmopolitanism” is a term “too vague to be useful,” her chapters are replete with tenets taken as essential to this tradition that she must reluctantly abandon. To reach higher for social justice, ethical nations should “Brexit” from frail international systems still failing the multitudes. Rights are global, but enforcement is local. (shrink)

Utilising science and technology to maximize human performance is often an essential feature of military activity. This can often be focused on mission success rather than just the welfare of the individuals involved. This tension has the potential to threaten the autonomy of soldiers and military physicians around the taking or administering of enhancement neurotechnologies (e.g., pills, neural implants, and neuroprostheses). The Hybrid Framework was proposed by academic researchers working in the U.S. context and comprises “rules” for military neuroenhancement (...) (e.g., ensuring transparency and maintaining dignity of the warfighter). Integrating traditional bioethical perspectives with the unique requirements of the military environment, it has been referenced by military/government agencies tasked with writing official ethical frameworks. Our two-part investigation explored the ethical dimensions of military neuroenhancements with military officers – those most likely to be making decisions in this area in the future. In three workshops, structured around the Hybrid Framework, we explored what they thought about the ethical issues of enhancement neurotechnologies. From these findings, we conducted a survey (N = 332) to probe the extent of rule endorsement. Results show high levels of endorsement for a warfighter’s decision-making autonomy, but lower support for the view that enhanced warfighters would pose a danger to society after service. By examining the endorsement of concrete decision-making guidelines, we provide an overview of how military officers might, in practice, resolve tensions between competing values or higher-level principles. Our results suggest that the military context demands a recontextualisation of the relationship between military and civilian ethics. (shrink)

After preliminaries concerning different accounts of the good and the distinction between actual-consequence consequentialism and expected-value consequentialism, this paper explains why consequentialists should prescribe a moral decision procedure dominated by rules. But act-consequentialists deny rules have a role in the criterion of moral rightness. Prescribing a decision procedure dominated by rules and then denying rules a role in the criterion of rightness can be problematic. Rule-consequentialism gives rules roles first in the decision procedure agents should (...) use and second in the criterion of moral rightness. But giving rules this second role has attracted objections, some of which are outlined and answered here. The final section of the paper considers some recent developments. (shrink)

Turning to a brief consideration of United States foreign policy, Hoffmann points to particular moral difficulties in U.S. stances and urges the development of superpower rules that are effective and ethical.

The author discusses the rational argumentation of the values from a proposal defended by the legal philosopher Robert Alexy. The paper shows that discourse for Alexy is essentially a regulated activity. A model of certain rules ensure the rationality and correctness of practical discourse oriented towards resolving conflicts of value. Firstly, the types of rules responsible for the rationality of practical argumentation are described. Secondly, some open problems relating to the claim to correctness of reasoned practical discourse are (...) posed, namely problems derived from the idea of consensus and that of a single correct answer to certain practical issues that include conflicts of values and raise basic disagreements. (shrink)

An ethic of the fitting: a conceptual framework for nursing practiceNurses are expected to act within an ethos of care cognisant of duty, the right, and the good. Concepts of virtue theory, utilitarianism and deontology are used to outline a conceptual ethical framework for nurses in practice. This ‘Moebius’ framework aims to locate the virtues in a symbiotic relationship with the principles of utilitarianism and deontology. Under this framework, fitting ethical responses are sought. Within an ethic of the fitting, (...) class='Hi'>rules and principles do not guarantee the most ethically justifiable outcomes. Within the Moebius approach, the nurse ought to respond with a sense of compassion that befits the moment rather than adhere to a rule at all costs. (shrink)

ABSTRACT:While tone at the top is widely regarded as an important predictor of ethical behavior in organizations, we argue that recent research overlooks the various conflicting ethical tones present in many multi-organizational work settings. Further, we propose that the resolution processes promulgated in many firms and professional associations to reconcile this conflict reinforce the tone at the bottom or a tone at the top of the employee’s organization, and that both of these approaches can conflict with the tone at the (...) top of other important organizations such as professional and regulatory organizations. Here we adapt Integrative Social Contract Theory’s priority rules to propose a multi-tone reconciliation process which prioritizes conflicting ethical tones based upon features of the organization and the effects on society. Using three contextualizations, we demonstrate the effectiveness of the multi-tone reconciliation process over current processes. We conclude with recommendations for future research and implications for practice. (shrink)

The developing academic field of machine ethics seeks to make artificial agents safer as they become more pervasive throughout society. In contrast to computer ethics, machine ethics is concerned with the behavior of machines toward human users and other machines. This study aims to use an action-based ethical theory founded on the combinational aspects of deontological and teleological theories of ethics in the construction of an artificial moral agent (AMA).,The decision results derived by the AMA are (...) acquired via fuzzy logic interpretation of the relative values of the steady-state simulations of the corresponding rule-based fuzzy cognitive map (RBFCM).,Through the use of RBFCMs, the following paper illustrates the possibility of incorporating ethical components into machines, where latent semantic analysis (LSA) and RBFCMs can be used to model dynamic and complex situations, and to provide abilities in acquiring causal knowledge.,This approach is especially appropriate for data-poor and uncertain situations common in ethics. Nonetheless, to ensure that a machine with an ethical component can function autonomously in the world, research in artificial intelligence will need to further investigate the representation and determination of ethical principles, the incorporation of these ethical principles into a system’s decision procedure, ethical decision-making with incomplete and uncertain knowledge, the explanation for decisions made using ethical principles and the evaluation of systems that act based upon ethical principles.,To date, the conducted research has contributed to a theoretical foundation for machine ethics through exploration of the rationale and the feasibility of adding an ethical dimension to machines. Further, the constructed AMA illustrates the possibility of utilizing an action-based ethical theory that provides guidance in ethical decision-making according to the precepts of its respective duties. The use of LSA illustrates their powerful capabilities in understanding text and their potential application as information retrieval systems in AMAs. The use of cognitive maps provides an approach and a decision procedure for resolving conflicts between different duties.,This paper suggests that cognitive maps could be used in AMAs as tools for meta-analysis, where comparisons regarding multiple ethical principles and duties can be examined and considered. With cognitive mapping, complex and abstract variables that cannot easily be measured but are important to decision-making can be modeled. This approach is especially appropriate for data-poor and uncertain situations common in ethics. (shrink)

Starting from a pragmatist point of view the paper dismisses the argument that ethical conduct is always based on knowledge of justifying and applying rules. In a first section I show that Plato and Kant already claimed that the originality of the ethical can’t be represented as either propositional knowledge or a norm, but is instead given to us in a way that is never fully available for our rational grasp. In a second section, I will address the ethical (...) conclusions James and Dewey draw from the fact that ethical demands can’t be translated into forms of knowledge. In a third section, I conclude with an argument for the originality of the ethical based on the thoughts of Stanley Cavell, stating that it is always something more than a mere competence in the sense of a knowledge of rules. (shrink)

Several bioethicists have recently discussed the complexity of defining human death, and considered in particular how our definition of death affects our understanding of the ethics of vital organ procurement. In this brief paper, we challenge the mainstream medical definition of human death—namely, that death is equivalent to total brain failure—and argue with Nair-Collins and Miller that integrated biological functions can continue even after total brain failure has occurred. We discuss the implications of Nair-Collins and Miller’s argument and suggest (...) that it may be necessary to look for alternative biological markers that reliably indicate the death of a human being. We reject the suggestion that we should abandon the dead-donor criteria for organ donation. Rather than weaken the ethical standards for vital organ procurement, it may be necessary to make them more demanding. The aim of this paper is not to justify the dead donor rule. Rather, we aim to explore the perspective of those who agree with critiques of the whole brain and cardiopulmonary definitions of death but yet disagree with the proposal that we should abandon the dead-donor rule. We will consider what those who want to retain the dead-donor rule must argue in light of Nair-Collins and Miller’s critique. (shrink)

In designing regulation, as has long been recognized in the academic literature, there is a tension between reliance on fixed mechanical “bright line” rules and the flexibility offered by granting a degree of discretion to the regulator subject to guiding principles. The failure of principles-based financial regulation a decade ago reinforced a trend towards mechanical rules. This essay, drawing on practical experience gleaned in the years following the Global Financial Crisis, argues that both are needed; indeed, in many (...) cases, the regulatory policymaker needs some discretion if it is to be sufficiently intrusive. Although regulatory discretion brings its own risks, the growing complexity of products and markets suggests a tilt towards granting greater discretion to the regulator in preference to over-complicating mechanical rules. (shrink)

(2010). Ethical Rules for Human Subjects Research: A Case Where the “Is” Must Inform the “Ought”. The American Journal of Bioethics: Vol. 10, No. 6, pp. 14-15.

Section 75 of the Criminal Justice Act (CJA) of 2003 overturned the principle in English law that a person cannot be retried for an offense of which he has been acquitted, recognizing advances in forensic science that uses modern analysis of DNA in adducing in evidence. The special plea of autrefois acquit can be overturned based on finding of compelling evidence after a previous acquittal of a suspect who can now be tried again for the same offense. The double jeopardy (...) arises only after a lawful acquittal or autrefois convict of the accused for the first offense and these principles have allowed exceptions to the rule against double jeopardy developed by the courts. There is an analogous rule in common law courts based on the unreasonable splitting of the case when there is a severing of indictments which overrides the bar on the accused being retried for the same offense. This paper examines the difficulty of trying a defendant fairly in the English courts when the defense has pleaded an abuse of process and there is no clear overall argument for trial. This question needs an appraisal of legal ethics in criminal courts because a retrial of the accused on the same charge breaches the autrefois acquit doctrine, and severing of an indictment can cause the fair trial process to be undermined. (shrink)

In this paper I explore what the P4C philosophical novel can contribute to deciding how we should use ethical rules in moral education. As I see it the philosophical novel urges us to regard ethical rule-following with some suspicion. Instead we are directed to appreciate the particular contexts and circumstances of ethical thinking, saying, and doing. But if we don’t teach ethics by the rules, then what is the alternative pedagogy? One possibility is to cultivate ethical expertise (...) by analogy to an epistemic skill model of practical activity, as some moral particularists have urged. Employing a skill model has significant implications for teaching ethics in a wide range of institutional settings where general rules and principles typically prevail. (shrink)

Germany is an interesting case with respect to the governance of reprogenetics. It has a strong profile in the technosciences and high aims regarding the global bioeconomy, yet her regulation of human genetics, reproductive medicine and embryo research has for a long time been rather restrictive. German biopolitical exceptionalism has often been explained by reference to Catholicism and the legacy of the Nazi past. The Germans, so goes the common story, have learnt the lessons of history and translated them into (...) unconditional respect for human dignity, which in turn translates into unconditional protection of human life, including the human embryo, and the firm repudiation of any eugenic distinction between ‘life worth to live’ and ‘life not worth to live’. This, however, is not the whole story. Alongside deontological strictness we find another strand of governing body politics and reprogenetics in Germany, the rule-and-exception model, running from the mid-1970s abortion law via the 2002 Stem Cell Act to the 2011 regulation of pre-implantation genetic diagnosis. In contrast to the former, that strongly draws on Kant and his concept of human dignity, the latter bears resemblances to Carl Schmitt's concept of state of exception. The article will show that the rule-and-exception model builds the exception into the rule and transforms the meaning and mandate of ethics, namely from safeguarding ethical standards to deciding about the exception. Given that the exception has now tended to become the rule, the question is whether the lessons of history will govern German reprogenetics for much longer. (shrink)

This paper provides an ethical intepretation of the Nash choice rule. In a setting in which (cardinal) utilities are interpersonally comparable, this procedure is characterised by an impartiality requirement and by the assumption that choices are not responsive to the agents' relative ability to convert resources into utility.

Drawing on previous empirical research, we provide an exemplary narrative to illustrate how patients have experienced hospital care organized according to evidence‐based fast‐track programmes. The aim of this paper was to analyse and discuss if and how it is possible to include patients’ individual perspectives in an evidence‐based practice as seen from the point of view of nursing theory. The paper highlights two conflicting courses of development. One is a course of standardization founded on evidence‐based recommendations, which specify a set (...) of rules that the patient must follow rigorously. The other is a course of democratization based on patients’ involvement in care. Referring to the analysis of the narrative, we argue that, in the current implementation of evidence‐based practice, the proposed involvement of patients resembles empty rhetoric. We argue that the principles and values from evidence‐based medicine are being lost in the transformation into the current evidence‐based hospital culture which potentially leads to a McDonaldization of nursing practice reflected as ‘one best way’. We argue for reviving ethics of care perspectives in today's evidence practice as the fundamental values of nursing may potentially bridge conflicts between evidence‐based practice and the ideals of patient participation thus preventing a practice of ‘McNursing’. (shrink)

. In this paper, we consider the nature of recent corporate abuses both in the U.S. and in Europe, and how globalization has had an impact on amplifying their consequences. We discuss the rules-based and principles-based remedies that have been proposed in each region, respectively. With a focus on the U.S. Sarbanes-Oxley Act (SOA), we examine the principles forwarded by this act, and how it addresses those principles with specific rules and governance mechanisms. Invoking Integrative Social Contracts Theory (...) (ISCT), we conclude with a reconciliation of the principles and rules-based approaches to corporate governance as suggested by theory. (shrink)

Many indigenous communities were dispossessed of their land during the period of colonial rule. This long process resulted in forced demographic removals and perennial poverty. Nowadays these communities, especially Third World groups, seek redress of this situation through legal processes of land restitution. This process is met by resistance from landowners in these countries, the colonial powers of old, as well as from big corporations that benefited from the dispossession. The investigation undertaken in this article addresses the ethics of (...) land reform from a Christian ethical perspective. The policy of land restitution in South Africa is used as a case study, but the results of this research are also applicable to other parts of the world where land restitution is considered. The article first evaluates the biblical teachings of land and land reform and their implications for modern ethics. In the light of these issues, the article addresses the question of whether land ownership can be considered as a fundamental human right. The article also focuses on the legality of expropriation and dispossession of land for the purposes of restitution. Moreover, guidelines for fair and legal restitution within the context of Christian ethics and legal philosophical principles are proposed. (shrink)

An introduction to the philosophy of law, which offers a modern and critical appraisal of all the main issues and problems. This has become a very active area in the last ten years, and one on which philosophers, legal practitioners and theorists and social scientists have tended to converge. The more abstract questions about the nature of law and its relationship to social norms and moral standards are now seen to be directly relevant to more practical and indeed pressing questions (...) about the justification of punishment, civil disobedience, the enforcement of morality, and problems about justice, rights, welfare, and freedom. David Lyons is a shrewd, clear and systematic guide through this tangled area. The book presupposes no formal training in law or philosophy and is intended to serve as a textbook in a range of introductory courses. (shrink)

It is commonly accepted that the golden rule—most often formulated as "do unto others as you would have them do unto you"—is a unifying element between many diverse religious traditions, both Eastern and Western. Its influence also extends beyond such traditions, since many non-religious individuals hold up the golden rule as central to their lives. Yet, while it is extraordinarily important and widespread, the golden rule is often dismissed by scholars as a vague proverb that quickly leads to absurdities when (...) one attempts to formulate it in clear terms. In this book, Harry J. Gensler defends the golden rule and addresses all of the major philosophic objections, pointing out several common misunderstanding and misapplications. Gensler first discusses golden-rule reasoning and how to avoid the main pitfalls. He then relates the golden rule to world religions and history, and to areas like moral education, egoism, evolution, society, racism, business, and medicine. The book ends with a discussion of theoretical issues . Ethics and the Golden Rule offers two introductory chapters, the first is simpler and the second more technical; a reader may start with either or both. One can then read any combination of further chapters, in any order, depending on one’s interests; but Chapters 13 and 14 are technical and assume one has read Chapter 2. This is "a golden-rule book for everyone," accessible to a wide readership. (shrink)

Recent calls have been made to move professional standards to a more principles-based perspective, supposing that emphasizing broad principles would eliminate the legalistic focus that rules may encourage, and accountants’ behavior would be more ethical and uniformly so. However, this supposition has yet to be empirically tested. The AICPA Code of Professional Conduct (Code) provides guidance in both forms: principles and rules. This experiment examines how the form of the Code affects independence judgments in a client acceptance context. (...) We also examine the potential for levels of moral development to influence the effectiveness of the Code.We find that subjects are more likely to consider their independence impaired, and are more likely to reject a questionable audit engagement, when rules-based (principles-based) reasoners are provided with Code rules (principles). Given the popularity of the view that rules-based standards are undesirable, these findings have significant implications for the profession as principles-based ethical standards are discussed. (shrink)

This essay addresses the collapse/incoherence problem for normative frameworks that contain both fundamental values and rules for promoting those values. The problem is that in some cases, we would bring about more of the fundamental value by violating the framework’s rules than by following them. In such cases, if the framework requires us to follow the rules anyway, then it appears to be incoherent; but if it allows us to make exceptions to the rules, then the (...) framework “collapses” into one that doesn’t make use of rules in the first place. The chapter begins with an examination of happiness and truth as fundamental values in Mill’s work, which lead into parallel versions of the collapse/incoherence problem in ethics and epistemology. It then sets out the collapse problem for rule-consequentialist approaches in ethics, truth-directed accounts of justification in epistemology, and epistemological approaches to argument cogency. The chapter closes with discussion of two potential solutions to the problem. (shrink)