This article raises an issue about corporate political activity that is different from those typically addressed by business ethicists. It examines the role‐model status and obligations of the business leaders who direct such activity. This approach has two potential benefits. First, since ethicists often appeal to role‐model obligations and many are concerned about corporate political activity, business ethics literature would benefit from expanding the examination of role‐model status and obligations to encompass (...) the business leaders who direct political activity. Second, it will help ethicists determine what we should demand from business leaders who direct such activity. This is important given the U.S. Supreme Court's Citizens United decision in 2010 that guarantees corporations the free‐speech right to make political expenditures in support of political causes. I seek to demonstrate that we should hold business leaders morally accountable for how they direct political activity because of their role‐model status that arises from their greater fame, authority, or power than ordinary persons possess. (shrink)

abstract Much of the public criticism of many public figures, such as that of Michael Phelps, Lindsay Lohan, and Bill Clinton, accuses those persons of failing as role models. The criticism often ascribes to public figures role‐model status in a general sense that encompasses their behaviour in aspects of life beyond the fields for which they are known. I argue that, because of privacy considerations, we are unjustified in ascribing broadly to public figures role‐model status (...) in the general sense. Unless public figures hold themselves out to be role models regarding other aspects of life, we are justified in demanding only that they be good role models with respect to their behaviour in their particular fields. To make my arguments, I demonstrate that: 1) we are justified in ascribing role‐model status to individuals far less often than most believe; 2) legitimate role‐model obligations typically do not extend as far into role models' lives as most believe; and, 3) those who try to convince public figures to be better role models should redirect their efforts toward educating young people about who are proper role models and about what aspects of role‐models' lives young people should imitate. (shrink)

As a result of workplace clean air regulations and strict guidelines imposed by the Joint Commission on Accreditation of Healthcare Organizations in 1993, most hospitals in the United States are now virtually smoke free. Although evidence suggests that these restrictions both cause smoking employees to consume fewer cigarettes per day and induce some employees to quit smoking entirely, the policies have also driven many healthcare providers—including physicians—onto the public sidewalks for their cigarette breaks. Patients entering many hospitals pass white-coated medical (...) students and residents puffing away at the curbside. (shrink)

Role modelling communicates a standard of behavior to another person. Silent role modelling occurs when this standard can be communicated without articulating reasons for the action; articulate role modelling occurs when it is necessary to articulate reasons in order to effectively role model the standard of behavior, and to avoid misinterpretation. Nurses are role models in virtue of the respect and admiration given to the nursing profession. As such, nurses have role model (...) obligations. This paper examines nurses' role model obligations for healthy behaviors and pandemic precautions. Research often identifies nurses as role models for healthy behavior, despite the fact that nurses are typically no healthier than the general population. This paper argues that nurses do not have a duty to role model healthy behaviors. The ability to adopt healthy behaviors is affected by numerous personal and individual factors. For a nurse to share their struggles to adopt healthy behaviors as articulate ‘imperfect’ role models violates their right to privacy. By contrast, nurses do have a moral duty to role model pandemic precautions during the COVID-19 pandemic, such as correctly wearing appropriate masks, maintaining social distancing, avoiding gatherings of multiple households when pandemic precautions are not being taken, and staying up to date on vaccination. Nurses’ duty to role model pandemic precautions does not involve sharing any personal information. Nurses have a duty to be silent role models when the risk of misinterpretation is low, and a duty to be articulate role models, who explicitly communicate reasons for the role modelled behavior, when necessary to ensure they are not misinterpreted. When articulate role modelling goes beyond the minimal role modelling duty, and imposes a comparative cost to the nurse, articulate role modelling is not obligatory, but supererogatory. (shrink)

The current discussion of consumerism in higher education focuses largely on what the providers are obliged to do for the consumers, against the background of rising tuition fees. This framework does not always sit comfortably with lecturers in the context of a learning and teaching relationship, as it appears to ignore the reciprocal obligations lecturers and students have to one another. The purpose of this article is to offer an alternative view of what lecturers and students are obliged to (...) do in the learning and teaching relationship, if learning is to be effective. I argue, drawing on Aristotle's function argument, that both students and lecturers in higher education have moral role obligations; that these moral role obligations are derived from the functions of the roles being voluntarily undertaken by each party; that therefore, by ascertaining the functions of a student and of a lecturer, both a descriptive purpose and a normative purpose will be revealed for each; and that using moral role obligations as a basis for the student/lecturer relationship offers a less contentious alternative to the consumerist model. (shrink)

In the United Kingdom (UK), ethical guidance for doctors assumes a therapeutic setting and a normal doctor–patient relationship. However, doctors with dual obligations may not always operate on the basis of these assumptions in all aspects of their role. In this paper, the situation of UK occupational physicians is described, and a set of models to characterise their different practices is proposed. The interaction between doctor and worker in each of these models is compared with the normal doctor–patient (...) relationship, focusing on the different levels of trust required, the possible power imbalance and the fiduciary obligations that apply. This approach highlights discrepancies between what the UK General Medical Council guidance requires and what is required of a doctor in certain roles or functions. It is suggested that using this modelling approach could also help in clarifying the sources of moral conflict for other doctors with “dual obligations” in their various roles. (shrink)

Do famous athletes have special obligations to act virtuously? A number of philosophers have investigated this question by examining whether famous athletes are subject to special role model obligations (Wellman 2003; Feezel 2005; Spurgin 2012). In this paper we will take a different approach and give a positive response to this question by arguing for the position that sport and gaming celebrities are ‘ambassadors of the game’: moral agents whose vocations as rule-followers have unique implications for (...) their non-lusory lives. According to this idea, the actions of a game’s players and other stakeholders—especially the actions of its stars—directly affect the value of the game itself, a fact which generates additional moral reasons to behave in a virtuous manner. We will begin by explaining the three main positions one may take with respect to the question: moral exceptionalism, moral generalism, and moral exemplarism. We will argue that no convincing case for moral exemplarism has thus far been made, which gives us reason to look for new ways to defend this position. We then provide our own ‘ambassadors of the game’ account and argue that it gives us good reason to think that sport and game celebrities are subject to special obligations to act virtuously. (shrink)

This paper investigates the semantic treatment of conditional obligation, explicit permission (often called positive permission), and prohibition based on models with agents and branched time. In such models branches (rather than moments) are taken as basic, and the branching provides a way to represent the indeterminism which is normally presupposed by talk of free will, responsibility, action and ability. Careful treatment of the relation between ability and responsibility avoids many common problems with accounts of conditional obligation. Recognition of the generality (...) often involved in conditional obligations makes possible a sensitive way of expressing some kinds of general prohibitions, which in turn makes it possible to account for the special role of explicit permission. (shrink)

A common refrain in and outside academia is that prominent sports figures ought to engage more in the public discourse about political issues. This idea parallels the idea that athletes ought to be role models in general. This paper first examines and critiques the “athlete as role model” argument and then applies this critique to the “athlete as political activist” argument. Appealing to the empirical political psychological literature, the paper sketches an argument that athlete activism might actually (...) do more harm than good. (shrink)

This paper examines the relationship between educators' epistemic character and their professional responsibilities, arguing that the role of educator carries unique epistemic obligations. Drawing on virtue epistemology and the ethics of belief, Jeff Standley contends that these obligations stem from education's core epistemic aims: cultivating knowledge and understanding, teaching reliable methods of inquiry, and fostering intellectual virtues. The paper demonstrates how educators' epistemic character influences their ability to navigate complex epistemic environments, serve as role models, and (...) avoid impediments to teaching caused by evidentially unsupported beliefs. While acknowledging that perfect epistemic character is unattainable, Standley argues for a “good enough” standard where educators must at minimum avoid significant intellectual vices that could hinder responsible epistemic inquiry and harm student development. He concludes by considering practical implications for educator recruitment and development, advocating for greater attention to epistemic qualities in these processes. (shrink)

Front-line employees (FELs) facing double challenges of handling demanding supervisors and irresponsible customers in organizational settings. Performance of service organizations exceedingly reliant on knowledge sharing within organizational employees. FLEs develop the destructive emotions of revenge attitude from abusive supervision and customers’ mistreatment and diminish knowledge sharing. This work aims to determine the effect of abusive supervision (ABS) and customer mistreatment (CMT) on the development of revenge attitude (RVA) and felt obligation (FTO) reduces the knowledge hiding behaviors. Moreover, the FLEs categorical (...) factors of work experience and gender vary the effect of knowledge hiding. Survey data from 201 FLEs police officers. Structural equation modeling partial least square regression (PLS-SEM) SmartPLS 3.1 was utilized to test the model. Study results confirm that ABS and CMT significantly impact the RVA, and FTO reduces the RVA. Moreover, RVA influences the evasive, playing dumb, and rationalized knowledge hiding behaviors, and FTO significantly streamlined the knowledge hiding behaviors. FLEs personal attributes of experience and gender moderates the knowledge hiding behaviour and analysed with PLS multiple group analysis (MGA). The study contributes to the knowledge hiding in service work settings FLEs facing internal and external pressures. Service firms need to train the FLEs to manage the customer with the established working standards and work with the supervisor exceeding expectations. Study limitations and future research opportunities were reported at the end. (shrink)

In this article, I provide a new account of the basis of medical researchers' ancillary care obligations. Ancillary care in medical research, or medical care that research participants need but that is not required for the validity or safety of a study or to redress research injuries, is a topic that has drawn increasing attention in research ethics over the last ten years. My view, the relationship‐based approach, improves on the main existing theory, Richardson and Belsky's ‘partial‐entrustment model’, (...) by avoiding its problematic restriction on the scope of health needs for which researchers could be obligated to provide ancillary care. Instead, it grounds ancillary care obligations in a wide range of morally relevant features of the researcher‐participant relationship, including the level of engagement between researchers and participants, and weighs these factors against each other. I argue that the level of engagement, that is, the duration and intensity of interactions, between researchers and participants matters for ancillary care because of its connection to the meaningfulness of a relationship, and I suggest that other morally relevant features can be grounded in researchers' role obligations. (shrink)

The paper first summarizes the author's decision-theoretical model of moral behavior, in order to compare the moral implications of the act-utilitarian and of the rule-utilitarian versions of utilitarian theory. This model is then applied to three voting examples. It is argued that the moral behavior of act-utilitarian individuals will have the nature of a noncooperative game, played in the extensive mode, and involving action-by-action maximization of social utility by each player. In contrast, the moral behavior of rule-utilitarian individuals (...) will have the nature of a cooperative game, played in the normal mode, and involving a firm commitment by each player to a specific moral strategy (viz. to the strategy selected by the rule-utilitarian choice criterion) — even if some individual actions prescribed by this strategy, when considered in isolation, should fail to maximize social utility. The most important advantage that rule utilitarianism as an ethical theory has over act utilitarianism lies in its ability to give full recognition to the moral and social importance of individual rights and personal obligations. It is easy to verify that action-by-action maximization of social utility, as required by act utilitarianism, would destroy these rights and obligations. In contrast, rule utilitarianism can fully recognize the moral validity of these rights and obligations precisely because of its commitment to an overall moral strategy, independent of action-by-action social-utility maximization. The paper ends with a discussion of the voter's paradox problem. The conventional theory of rational behavior cannot avoid the paradoxical conclusion that, in any large electorate, voting is always an irrational activity because one's own individual vote is extremely unlikely to make any difference to the outcome of any election. But it can be shown that, by using the principles of rule-utilitarian theory, this paradox can easily be resolved and that, in actual fact, voting, even in large electorates, may be perfectly rational action. More generally, the example of rule utilitarianism shows what an important role the concept of a rational commitment can play in the analysis of rational behavior. (shrink)

In this paper I criticise an influential version of associative theory of political obligation and I offer a reformulation of the theory in ‘quasi-voluntarist’ terms. I argue that although unable by itself to solve the problem of political obligation, my quasi-voluntarist associative model can play an important role in solving this problem. Moreover, the model teaches us an important methodological lesson about the way in which we should think about the question of political obligation. Finally, I suggest (...) that the quasi-voluntarist associative model is particularly attractive because it manages to combine the main thrust of the traditional associative view with the most attractive feature of transactional theories, while avoiding at the same time the main problems that afflict each of these two approaches. (shrink)

As members of the largest and most trusted healthcare profession, nurses are role models and critical partners in the ongoing quest for the health of their patients. Findings from the American Nurses Association Health Risk Appraisal suggested that nurses give the best patient care when they are operating at the peak of their own wellness. They also revealed that 68% of the surveyed nurses place their patients’ health, safety, and wellness before their own. Globally, several nursing codes of ethics (...) include the requirement of self-care. Often, these codes embed the responsibility to protect and promote one’s own health within the clearly described obligation to provide safe patient care. The American Nurses Association Code of Ethics for Nurses is unique in that it states explicitly that nurses must adopt self-care as a duty to self in addition to their duty to provide care to patients. One of the basic assumptions of Watson’s Philosophy and Science of Caring is that caring science is the essence of nursing and the foundational disciplinary core of the profession. Watson’s theory of human caring provides support for the engagement in self-care. Two important value assumptions of Watson’s Caritas are that “we have to learn how to offer caring, love, forgiveness, compassion, and mercy to ourselves before we can offer authentic caring and love to others” and we also must “treat ourselves with loving-kindness and equanimity, gentleness, and dignity before we can accept, respect, and care for others within a professional caring-healing model.” Embedded within several caritas processes is an outline for a holistic approach to caring for self and others that can guide nurses to improve their mental, physical, emotional, and spiritual health. (shrink)

Addressing concerns about the treatment of psychopaths, Grant Gillett and Flora Huang (2013) argue that we ought to accept a relational or holistic view of psychopathy and APSD rather than the default biomedical-deficit model since the latter “obscures moral truths about the psychopath”. This change in approach to the psychopath will both mitigate at least some of their moral responsibility for the harms they cause, and force communities to incur special obligations, so they claim, because the harms endured (...) by psychopaths will be understood as part of the cause for the harms they are guilty of committing. However, as I will argue, even if we accept that a relational or holistic approach is better suited to understand psychopathy (which is itself contentious), it does not follow that their responsibility is mitigated in a way that causes communities to have special obligations to them as Gillett and Huang suggest. A diagnosis of APSD or psychopathy does not, prima facie, exculpate an agent or suggest a different way of treating them. My discussion will focus on the widely accepted excusing conditions one must meet for responsibility to me mitigated and conclude, contra Gillett and Huang, that psychopaths are no different from you or I with regards to having a causal history that leads to action. Outside forces play a role in all of our behavior. If the psychopath is owed anything because of the way they have come to understand the world then we all are owed that same debt. (shrink)

In this issue of The Journal of Clinical Ethics, Professor Ruth Tallman argues that pediatricians ought to support adolescent football players in their athletic goals. She does not deny that doing so means “helping children hurt themselves”; rather she argues that this would be consistent with a shared decision-making model in which both the physician and the patient seek to promote the patient’s well-being in light of the patient’s own goals. I argue that this ignores the role of (...) the parents, meaning that Tallman is suggesting “helping parents allow their children to hurt themselves.” As a general pediatrician, I would classify this as child neglect, if not downright child abuse. I argue that pediatricians should counsel directively against youth tackle football, employ a deliberative approach to shared decision making within the triadic doctorpatient- parent relationship, and support youth sport policies that seek to reduce traumatic brain injury by advocating for flag football, by prohibiting checking in boys’ ice hockey, and by minimizing heading the ball in soccer below a certain age. (shrink)

The public health benefits of herd immunity are often used as the justification for coercive vaccine policies. Yet, ‘herd immunity’ as a term has multiple referents, which can result in ambiguity, including regarding its role in ethical arguments. The term ‘herd immunity’ can refer to (1) the herd immunity threshold, at which models predict the decline of an epidemic; (2) the percentage of a population with immunity, whether it exceeds a given threshold or not; and/or (3) the indirect benefit (...) afforded by collective immunity to those who are less immune. Moreover, the accumulation of immune individuals in a population can lead to two different outcomes: elimination (for measles, smallpox, etc) or endemic equilibrium (for COVID-19, influenza, etc). We argue that the strength of a moral obligation for individuals to contribute to herd immunity through vaccination, and by extension the acceptability of coercion, will depend on how ‘herd immunity’ is interpreted as well as facts about a given disease or vaccine. Among other things, not all uses of ‘herd immunity’ are equally valid for all pathogens. The optimal conditions for herd immunity threshold effects, as illustrated by measles, notably do not apply to the many pathogens for which reinfections are ubiquitous (due to waning immunity and/or antigenic variation). For such pathogens, including SARS-CoV-2, mass vaccination can only be expected to delay rather than prevent new infections, in which case the obligation to contribute to herd immunity is much weaker, and coercive policies less justifiable. (shrink)

How does a role—whether in business, law, government, or some other institution—change what is morally permissible or obligatory? Here I present three options and argue for the third. On the balancing model, a role simply gives its occupant additional normative reasons, to be weighed against all other normative reasons. On the shielding model, a role comes with its own moral code, blocking the force of all role-external reasons. On the filtering model, a (...) class='Hi'>role selectively filters its occupant’s reasons for action, creating obligations or permissions to act on a narrowed range of considerations. I argue that the filtering model offers a superior analysis of the ethics of roles, including the concepts of professional integrity and discretion. I focus on three difficult cases: a nuclear safety regulator, a criminal defense lawyer, and a corporate lobbyist. I conclude by discussing the implications of the filtering model for business ethics. (shrink)

The role of corporate counsel in the corporate governance process has been long overlooked. This paper uses recent comments by Breeden as the springboard for a discussion of the issues surrounding significant roles for lawyers in corporations. It considers these both from a practical and a theoretical perspective and identifies why it is problematic merely to assume hiring lawyers will ensure good compliance both in terms of legal and ethical obligations.

Rational choice models are characterized by the image of the self-interested Homo economicus. The role of moral concerns, which may involve a concern for others' welfare in people's judgments and choices, questions the descriptive validity of such models. Increasing evidence of a role for perceived moral obligation within the expectancy-value-based theory of reasoned action and the theory of planned behavior indicates the importance of moral-normative influences in social behavior. In 2 studies, the influence of moral judgments on attitudes (...) toward food produced with the use of genetic engineering techniques and toward meat consumption is addressed. The reasons participants provide for their moral judgments indicate some foci of their moral concerns. The results of both studies corroborate earlier findings that perceived moral obligation has independent effects on behavioral intentions; they also provide evidence that such judgments may affect attitudes themselves. The results are discussed in relation to the need for attitude-behavior models to reflect the role of moral evaluations in judgment and choice. (shrink)

Is parental control over children best understood in terms of trusteeship or similar fiduciary obligations? This essay contemplates the elements of legal trusts and fiduciarity as they might relate to the moral relationship between children and parents. Though many accounts of upbringing advocate parent-child relationship models with structural resemblance to trust-like relationships, it is unclear who grants moral trusts, how trustees are actually selected, or how to identify proper beneficiaries. By considering these and other classical elements of relationships of (...) trust, this essay seeks to clarify and explore the trust model’s role, if any, in understanding children’s rights. Such exploration raises the possibility that another element of common law, the duty to rescue, may serve to enhance the trust model of children’s rights. (shrink)

Background Speaking up to safeguard patients is a crucial ethical and moral obligation for nurses, but it is also a difficult and potentially dangerous component of nursing work. Health advocacy is gaining impetus in the medical literature, despite being hampered by barriers resulting in many nurses in Ghana remaining mute when faced with advocacy-required situations. We explored situations that thwart nurses from performing their health advocacy role. Research question What would cause nurses to take no action when they witness (...) situations that require them to act as health advocates for their clients or communities? Research Design An inductive, descriptive qualitative design was used to collect and analyse data on barriers that prevent nurses from practising their health advocacy role in Ghana. Individual one-on-one in-depth interviews were conducted using a semi-structured interview guide. The data were analysed using qualitative content analysis. Participants and research context Twenty-four professional nurses and midwives registered with the Nursing and Midwifery Council were recruited from three regional hospitals in Ghana. These public hospitals were chosen from the upper, middle and coastal regions. Ethical considerations The UKZN Ethics Review Committee in South Africa and the GHS Ethics Review Committee in Ghana both gave their approval for this study. Findings Intrapersonal barriers, interpersonal barriers, and structural barriers emerged as major obstacles that nurses experience when performing their health advocacy role. Conclusions Barriers to health advocacy have undermined nurses' ability to function as health advocates and are preventing them from utilising their health advocacy position in nursing practise. Giving nursing students positive role models in the classroom and in the clinic can help them become more effective health advocates. (shrink)

Narrator Ron Howard tells us that Arrested Development is the “story of a wealthy family who lost everything, and the one son who had no choice but to keep them all together.” The cult-classic follows Michael Bluth – the middle son of an inept, philandering, corrupt real-estate developer, George Bluth Sr., who is arrested for white-collar crimes. Constantly faced with crises created by his eccentric family, Michael does his best to preserve the family business, put out fires, and serve as (...) a role model for his teenage son, George Michael. The Bluths’ misadventures raise the question, what, if anything, do adult children owe their parents? This chapter explores the relationships between the members of the Bluth family and argues that Arrested Development makes the case that, insofar as adult children “owe” their parents anything, such an obligation is grounded in a sense of friendship – a voluntarily entered relation that can be terminated at any time. As a result, Arrested Development challenges the often-unquestioned assumption that children owe their parents special consideration simply in virtue of the parent-child relationship. (shrink)

Many academic philosophers and ethicists are appointed to teach ethics to medical students. We explore exactly what this task entails. In South Africa the Health Professions Council's curriculum for training medical practitioners requires not only that students be taught to apply ethical theory to issues and be made aware of the legal and regulatory requirements of their profession, it also expects moral formation and the inculcation of professional virtue in students. We explore whether such expectations are reasonable. We defend the (...) claim that physicians ought to be persons of virtuous character, on the grounds of the social contract between society and the profession. We further argue that since the expectations of virtue of health care professionals are reasonable, it is also sound reasoning to expect ethics teachers to try to inculcate such virtues in their students, so far as this is possible. Furthermore, this requires of such teachers that they be suitable role models of ethical practice and virtue, themselves. We claim that this applies to ethics teachers who are themselves not members of the medical profession, too, even though they are not bound by the same social contract as doctors. We conclude that those who accept employment as teachers of ethics to medical students, where as part of their contractual obligation they are expected to inculcate moral values in their students, ought to be prepared to accept their responsibility to be professionally ethical, themselves. (shrink)

Are professional roles bound by the norms of ordinary morality? This article begins with a discussion of two existing models that give contrary answers to this question; the practice model detaches professional ethics from ordinary morality, while the translation model denies any real divergence. It is argued that neither model can give a satisfying account of how professional roles ground distinct claims that are morally authoritative. The promise model is articulated and defended, wherein the obligations (...) of professional roles are grounded in an act of self-binding by the profession; the public is the promisee, and thereby entitled to make role-dependent claims. This model retains a connection to ordinary morality, but does not reduce role authority to individual conscience. Legitimate promises bind the role holder even in the face of moral disagreement. (shrink)

Background Based on the principle of informed consent, doctors are required to fully inform patients and respect their medical decisions. In China, however, family members usually play a special role in the patient’s informed consent, which creates a unique “doctor-family-patient” model of the physician-patient relationship. Our study targets young doctors to investigate the ethical dilemmas they may encounter in such a model, as well as their attitudes to the family roles in informed consent. Methods A questionnaire was (...) developed including general demographic characteristics, the fulfillment of the obligation to fully inform, who will be informed, and the ethical dilemmas in decision-making. We recruited a total of 421 doctors to complete this questionnaire, of which 368 met the age requirements for this study. Cross tabulation and Pearson’s chi-squared test were used to analyze the differences between types of patients for categorical variables, and a p-value < 0.05 was considered statistically significant. Results Our data shows that only 20 doctors (5.40%) stated “informing the patient alone is sufficient” when it comes to informing patients of their serious conditions. The rest of the participants would ensure that the family was informed. When facing elderly patients with decision-making capacity, the data was statistically different (3.8%; P < 0.001) The primary reason for ensuring that family members be informed differs among the participants. In addition, when family members asked doctors to conceal the patient’s medical condition for the best interests of patients, 270 doctors (73.4%) would agree and cooperate with the family. A similar proportion (79.6%) would do so when it comes to elderly patients. Conclusions (1) Chinese doctors pay extra attention to informing the patient’s family, which may not be in the patient’s best interests. (2) Chinese doctors treat adult (but not elderly) patients and elderly patients differently when it comes to informing family members. (3) When family members request that doctors withhold information from patients “in the best interest of the patient,” the majority choose to comply with the request, although this may cause them distress. (shrink)

In this paper, I first consider three possible explanations for why celebrities typically apologise publicly and sometimes also include their fans among the targets of their apology. I then identify three moral dangers of celebrity apologies, the third of which arises specifically for fan-targeted apologies, and each of which teaches us important lessons about the practice of celebrity apologies. From these individual lessons, I draw more general lessons about apologies from those with elevated social positions and the powers they are (...) associated with. (shrink)

Cet ouvrage réunit huit études témoignant, dans une perspective pluridisciplinaire, du renouveau scientifique dans la description et l'explication de l'action. Adoptant tour à tour le point de vue de l'analyse sociologique, de la réflexion philosophique, des sciences économiques et de la théorie des jeux, les auteurs abordent des questions fondamentales pour la compréhension de la conduite individuelle et de l'interaction sociale. Les théories de la décision ont fait progresser, au cours des dernières décennies, la modélisation abstraite de l'action et des (...) situations collectives. Le pari relevé ici consiste à s'interroger sur l'articulation entre la description ou la modélisation d'une part, et la compréhension véritable d'autre part. Les auteurs sont amenés à étudier plus particulièrement le rôle de la connaissance dans l'action individuelle, et la dimension axiologique (ou la rationalité " en valeur ") de la reconnaissance de normes ou de critères pour la conduite. Ces contributions mettent en évidence l'obligation, pour le théoricien, de prendre au sérieux les " raisons de l'action " dont l'acteur lui-même peut prendre conscience. Par là, elles fournissent des outils pour réaliser le projet qui gouverne l'évolution présente de l'individualisme méthodologique : élargir le modèle classique du choix rationnel pour lui permettre d'intégrer les aspects cognitifs et axiologiques de la rationalité pratique. L'ouvrage s'adresse aux sociologues, aux économistes, aux politologues et aux philosophes. Il intéressera, plus généralement, tous ceux qui souhaitent s'informer des développements et des problèmes méthodologiques actuels des sciences sociales théoriques. (shrink)

This article argues that conscious attention exists not so much for selecting an immediate action as for using the current task to focus specialized learning for the action-selection mechanism and predictive models on tasks and environmental contingencies likely to affect the conscious agent. It is perfectly possible to build this sort of a system into machine intelligence, but it would not be strictly necessary unless the intelligence needs to learn and is resource-bounded with respect to the rate of learning versus (...) the rate of relevant environmental change. Support for this theory is drawn from scientific research and AI simulations. Consequences are discussed with respect to self-consciousness and ethical obligations to and for AI. (shrink)

Guilt appeals have been found effective in stimulating ethical consumption behaviors in western cultures. However, studies performed in Confucian cultural contexts have found contradictory results. We aim to investigate the inconclusive results of research on guilt and ethical consumption and to explain the inconsistencies. We aim to better understand the influence of guilt on ethical consumption in a Chinese Confucian context and to explore the culturally relevant individual-level concept of interdependent self-construal as a moderator. We build our argument on the (...) Confucian ethics of ren-yi-li where the virtue of propriety specifies role-based obligations depending on the proximity of one’s relationship to others and may thus limit ethical behaviors that are directed to those who are relationally distant. We hypothesize a positive relationship between guilt and ethical consumption that is, however, negatively moderated by interdependent self-construal. Put another way, consumers who define themselves strongly through their relationships with close others are less likely to compensate for guilt through ethical consumption. We find the hypothesized model supported in a survey of 314 Chinese consumers. The results suggest that guilt appeals can stimulate ethical consumption in Confucian cultures. However, guilt appeals may not be enough, as the moderating effect suggests that they will be most effective when combined with an ethical consumption initiative that conforms to the Confucian li principle. As this principle implies prioritizing close over distant relationships, it follows that consumers may be more likely to respond to guilt appeals which are linked to ethical consumption initiatives whose beneficiaries they feel connected to. (shrink)

This paper presents a dynamic perspective in which the psychological contract is treated as a structured set of beliefs that are held by individual employees about the mutual obligations of the organization as employer and themselves as employees. This set of beliefs is assumed to produce a state of commitment to the organization in which the employee is willing to accept work roles and tasks offered by the organization, and to carry them out in accordance with certain standards. The (...) dynamic model that is presented can help to explain why the commitment of employees remains relatively stable over time, and why it may suddenly decrease or increase under circumstances that are perceived as critical by the employee. The model assumes that the employee's evaluation of the organization's behavior changes over time, but that the structure of the psychological contract and the associated commitment change only when certain limits are overstepped. This perspective on changes in the psychological contract transforms the concept into a powerful construct that may lead to fruitful research on the dynamics of organization-employee relationships. Implications for future research are discussed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE ROLE OF AN ULTIMATE AUTHORITY IN RESTORATIVE JUSTICE: A GIRARDIAN ANALYSIS Sara Osborne I. Restorative or Retributive Justice South African Episcopal Archbishop Desmond Mpilo Tutu's account of the gritty practicality of reconciliation versus retribution in his book, No Future Without Forgiveness, focuses long overdue attention on Restorative Justice, a law reform movement probably better known in international than in American legal circles. A persuasive assertion of Restorative (...) Justice advocates in their critique of increasingly retributive practices such as mandatory minimum sentencing, mandatory arrest, death penalty, juvenile incarceration, "three strikes" legislation, no parole, diminished prisoner services, to name a few, is that reintegrating offenders back into a community is a much more effective deterrence to anti-social violence than punishment alone. They have also observed that communitarian ideals and practices, more visible in traditional cultures1 are more conducive to Restorative goals ofreconciliation and reintegration than are practices of retributive justice rooted in ideals of individual rights. Therefore, such adjudicatory practices should serve as models for preferable alternatives. 1An examination ofrestorative justice under code-based systems of law (European, Roman Law) might also reveal more affinities since the focus ofthese systems is to define the permissible, rather than the impermissible. Code-based law begins with the commons; rightsbased law begins with the individual. 80Sara Osborne However, Western-style retributive justice remains the primary model for international law and Restorative Justice is the prophetic "outsider" voice. So, it is appropriate to ask to what extent and under what conditions are Western retributive justice systems able to incorporate or accommodate adjudicatory practices ofnon-Western or traditional cultures? How critical a factor is religion? These questions will appear wherever Western Law struggles to bring more cultural diversity under a unifying umbrella and they deserve close scrutiny. René Girard's insights into the relationship between law, religion, culture and violence are helpful in identifying practical implications ofthe restorative vision and systemic weaknesses ofretribution, and perhaps illuminating a third way. The metaphor of an organ transplant may be useful: without a genetic match between host and donor both risk destruction. It is the thesis of this paper that that genetic material is a very inclusive conceptualization of "religion" which I have named "Ultimate Authority," drawing on Girard's mimetic theory for the theoretical analysis. In other words, "religion" is indeed, always and everywhere, a critical factor in culture-specific institutions ofjustice. A Girardian understanding ofthe relationship between Ultimate Authority and criminaljustice systems indicates that while there are valuable lessons to be learned from trans-cultural dialogue, wholesale transplants may not be possible, or even advisable because conditions essential for comparable success do not exist in Western legal culture. This paper first presents some background about Restorative Justice, followed by an outline ofRené Girard's mimetic theory to define "Ultimate Authority." The second half of the paper describes alternative adjudicatory processes which have attracted the attention of Restorative Justice advocates and concludes with suggestions about future directions for criminal justice policy discussion. Restorative Justice is a movement which drew its initial energy from Civil Rights era non-violent social action. It has found avid supporters among those whose activism for socialjustice is faith-based as well as those whose activism is rooted in more secular communitarian ideologies. Perhaps because of its international following, a significant contribution ofthe movement has been to initiate trans-cultural dialogue about criminal justice, fostering an increased use of alternative dispute resolution techniques, primarily mediation. Restorative Justice doctrine insists that all crime is personal, evidence ofa broken relationship between victim, offender, and community. Restoring "right relationship" between all parties is both a moral and legal obligation; "justice" to be just must go well beyond addressing the specifics of the act which effected the break. In contrast, the focus of The Role ofAn Ultimate Authority81 retributive justice appears abstract, procedural, and narrow in pursuit of impartiality or neutrality, the ideal of Blind Justice.2 Howard Zehr, a consultant on criminal justice and a Canadian Mennonite who wrote the classic Restorative Justice primer, Changing Lenses: A New Focusfor Crime andJustice, describes the retributive criminaljustice process as "a drama between two abstractions," meaning a criminal and a victim, where the "victim" is even further abstracted... (shrink)

Most modern moral philosophy is what I call ‘Impersonalist.’ It claims, quite plausibly, that the particular identity of the moral agent has nothing to do with the rightness or bestness of a given course of action, with the overriding moral reasons supporting such an action, nor with the moral obligation placed upon the agent to perform it.In addition, the Impersonalist account assumes what I call a Humean model of practical reasoning, whereby perception, deliberation, decision, and action are all logically (...) separate stages.I challenge both the alleged moral irrelevance of the agent and the logical separation of the reasoning stages by invoking Peter Winch’s metaphor of a ‘moral perspective’: my perception andmy deliberation are both shaped by the perspective from within which I experience – and must experience – the world.Different people have different moral perspectives, and so they will consider different moral options as available and different reasons as relevant when considering the same situation. This is relativism, but only a benign form, and I explain why. (shrink)

I offer you some theories of intellectual obligations and rights (virtue Ethics): initially, RBT (a Right to Believe Truth, if something is true it follows one has a right to believe it), and, NDSM (one has no right to believe a contradiction, i.e., No right to commit Doxastic Self-Mutilation). Evidence for both below. Anthropology, Psychology, computer software, Sociology, and the neurosciences prove things about human beliefs, and History, Economics, and comparative law can provide evidence of value about theories of (...) rights. However, insofar as we have methods within Philosophy to help us formulate precise concepts of 'belief' and 'rights', methods that also help us to prove links (or absence thereof) amongst families of concepts of rights and belief, our discipline is in and of itself capable of sound reasoning about issues as puzzling as the following. Suppose a Jane who does not believe in God yet who believes she ought to so believe: Jane is undergoing doxastic moral regret (moral regret for lack of faith). We have all known such Janes and perhaps at one time or another even been one. Paradox: given RBT and NDSM, Jane as described not only does not exist, Jane cannot exist. Thus, to enrich the ways in which Philosophy need not get all its evidence from other academic disciplines, I present a brief introduction to what I call Neutral Universal Frames (NUFs). NUFs solve hard puzzles about interactions among modal concepts of belief and rights, concepts that occur in RBT, NDSM and the description of our Janes. NUFs for theories precisely articulated via any two or more modal concepts are a powerful and immensely general set of tools enabling us to define rich theories of truth ("models on frames") to test philosophical theories for internal consistency and to prove the existence of connections (or absence thereof) amongst alternative articulations of philosophical theories. NUFs thereby add to the constructive knowledge producing way Logics intersect with Philosophy of Religion. And we will soon see why Jane, be she named 'Jane' or known simply as you: cannot exist. Read on at your own risk. (shrink)

Expert nurses, as described by the work of Patricia Benner, are at the peak of clinical nursing practice and vitally important in ensuring the best possible patient care and clinical outcomes. The development of Benner's theory and its relationship with the Dreyfus model of skill acquisition provides context for understanding the progression necessary for expert development. Contemporary healthcare challenges present implications to the development of advancing levels of nursing practice. Engagement has been identified as critical to achieving expert practice. (...) I propose the incorporation of the philosophical framework of self‐appropriation from Benard Lonergan as a strategy to develop internal engagement in nurses to facilitate expert practice. I outline the synergy between Benner's theory and the work of Lonergan, which provide overlap and opportunity to overcome barriers to developing expert nursing practice. In the challenging climate of healthcare, there is an obligation to promote engagement and facilitate expert nurse development, necessary for patient outcomes as well as clinical role models, preceptors, and leaders to guide future nurses. (shrink)

In this article I give a critical evaluation of the use and limitations of null-model-based hypothesis testing as a research strategy in the biological sciences. According to this strategy, the null model based on a randomization procedure provides an appropriate null hypothesis stating that the existence of a pattern is the result of random processes or can be expected by chance alone, and proponents of other hypotheses should first try to reject this null hypothesis in order to demonstrate (...) their own hypotheses. Using as an example the controversy over the use of null hypotheses and null models in species co-occurrence studies, I argue that null-model-based hypothesis testing fails to work as a proper analog to traditional statistical null-hypothesis testing as used in well-controlled experimental research, and that the random process hypothesis should not be privileged as a null hypothesis. Instead, the possible use of the null model resides in its role of providing a way to challenge scientists’ commonsense judgments about how a seemingly unusual pattern could have come to be. Despite this possible use, null-model-based hypothesis testing still carries certain limitations, and it should not be regarded as an obligation for biologists who are interested in explaining patterns in nature to first conduct such a test before pursuing their own hypotheses. (shrink)

Sildenafil citrate (Viagra) and other newly released pharmaceuticals that assist erectile dysfunction may be one of the most important categories of drugs released in the past decade. Sildenafil is distinctive because it creates a new therapeutic relationship not only between patient and physician, but also with sexual partner(s). Physicians must first evaluate the patient comprehensively, addressing not only erectile function and sexual performance, but overall physical and mental health. Since the drug does impact others, an expanded model for informed (...) consent needs to be considered. Three models to consider include the public health one, ethically justified limits on confidentiality, and a biopsychosocial one. The biopsychosocial model may be preferred because it expands the patient-physician dyad to directly include others. Physicians also need to distinguish between professional, role-related obligations and personal conscience when treating patients whose sexual beliefs and practices differ from their own. Other ethical issues include inappropriate prescribing over the Internet, dealing with unrealistic patient expectations, and fairness in paying for treatment for sexual conditions in both men and women. With these proposed guidelines, physicians can continue to provide steady, reliable guidance for patients while working with yet another scientific advance in medicine. (shrink)

In the context of life sciences, we are constantly confronted with information that possesses precise semantic values and appears essentially immersed in a specific evolutionary trend. In such a framework, Nature appears, in Monod’s words, as a tinkerer characterized by the presence of precise principles of self-organization. However, while Monod was obliged to incorporate his brilliant intuitions into the framework of first-order cybernetics and a theory of information with an exclusively syntactic character such as that defined by Shannon, research advances (...) in recent decades have led not only to the definition of a second-order cybernetics but also to an exploration of the boundaries of semantic information. As H. Atlan states, on a biological level "the function self-organizes together with its meaning". Hence the need to refer to a conceptual theory of complexity and to a theory of self-organization characterized in an intentional sense. There is also a need to introduce, at the genetic level, a distinction between coder and ruler as well as the opportunity to define a real software space for natural evolution. The recourse to non-standard model theory, the opening to a new general semantics, and the innovative definition of the relationship between coder and ruler can be considered, today, among the most powerful theoretical tools at our disposal in order to correctly define the contours of that new conceptual revolution increasingly referred to as metabiology. This book focuses on identifying and investigating the role played by these particular theoretical tools in the development of this new scientific paradigm. Nature "speaks" by means of mathematical forms: we can observe these forms, but they are, at the same time, inside us as they populate our organs of cognition. In this context, the volume highlights how metabiology appears primarily to refer to the growth itself of our instruments of participatory knowledge of the world. (shrink)

There exists a widespread consensus amongst contemporary jurisprudents, positivists and non-positivists alike, that the meaning of ‘obligation’ should not radically shift from law to morality, or any of the other domains of practical reason. Yet there is limited effort in contemporary discussions of legal obligation to engage with the metaphysics of normativity with an eye to a well-founded account of those elements that deliver its non-conditional character. On a recent occasion I discussed the shortcomings of a prominent positivist account of (...) legal obligation, that of Jules Coleman. In this chapter I turn to a prominent non-positivist account, the model of principle, and argue that, even though it identifies key elements or conditions of normativity simpliciter, it stops short of delivering a conclusive account of unconditional legal obligation, an account that would place legal obligation in the same continuum with all other types of obligation. Taking up from where the model of principle halts, I propose a complementary—if more fundamental—account of normativity simpliciter, which I dub the model of norms. I make a case for it, by looking into universal conditions of normativity and, in conclusion, offer some more specific remarks about the advantages of the model of norms over other competing models. Part 2 looks into the account of legal obligation tendered by the model of principle. According to it, law is an instance of action-directing action or action that purports to get other agents to comply with the ends it sets out to attain. The idea here is that the very logic of action-direction draws moral reasons—principles—into the picture of legal obligation, as the one item that can explain how and whether the facts of a social practice, which purports to direct action, come to acquire the status of reasons for action for the subjects of law. Subsequently, this model is contrasted with an alternative model of obligation that takes facts of authority to constitute reasons of action in virtue solely of their structure. In conclusion it is argued that, in contrast to the second model, the model of principle manages to capture what is distinctive about action-directing action in the domain of law—that is, the special normative significance of the possibility to coerce others under a scheme of public institutions. Part 3 opens by pointing to a more widespread worry that needs to be addressed before the model of principle can be deemed fit for the role it is employed—the worry relates to the ability of principles to constitute genuine reasons for action. In particular, the enquiry investigates the nature of principles and their ability to avoid certain flaws that might pertain to reasons for action in general. In taking up this line of enquiry the paper looks into the more general debate on normativity with a view to specifying requirements that anything which purports to be a reason ought to meet. I employ a rationalist analysis of normativity, which brings the idea that intentional thought is normative to bear on the analysis of the meaning of normative terms, such as ‘ought’, ‘obligation’, ‘duty’. In conclusion, I argue that the content of normativity consists in normative facts—ie norms—which purport to model the content of ideal—or counterfactual—states of the will. Such norms give exhaustively the content of normativity. In light of the above, part 4 advances a two-layered model of norms, with the higher level being populated by norms simpliciter, and the lower by norms in a domain. When considered jointly the two layers ground the possibility of non-conditional obligation without evoking moral realism and the concomitant suspicion of scepticism. On the face of it some key advantages of the model of norms are discussed over the two other models of legal obligation, that of principle and that of authority. On the one hand norms resist the ‘talking past each other objection’ which is commonly levelled against principles. On the other, norms are much better suited to account for the moral limits of action-directing action than either principles or facts of authority, for they illustrate cogently that the grounds of any reason for action already include a concern for others’ autonomy. (shrink)

In the book "When I needed a neighbour were you there? Christians and the Challenge of Poverty" I highlight the overwhelming evidence that involvement with poor people and the issues of poverty is a fundamental part of what it means to be Christian. The life and teaching of Jesus Christ suggest that all Christians should be seriously concerned about the plight of poor people. Why? Let me explain. Jesus is the foundation of the Christian faith and role model (...) for Christian behaviour in the world. In his life on earth he showed deep compassion for all people marginalized by society – for the poor, for widows, children, and the sick. Many of his stories and actions illustrate the extent to which he prioritized the relief of human suffering in his own ministry. The emphasis in the ministry of Jesus on compassion for marginalized people was nothing new in ancient Israel. A constant theme in the Old Testament was an imperative to show concern for marginalized people, especially widows, orphans, strangers, and poor people. As in the New Testament, caring for society’s vulnerable members was tied to the central religious obligations required of the ancient Israelites. I seek to uncover ethical values in the biblical texts that can enrich our understanding of how best to deal with poverty. This book is primarily directed at non-poor Christians to persuade them to take the plight of poor people more seriously. It also aims to present biblical perspectives on poverty that can be empowering to those who personally face the challenges of poverty. (shrink)

Unethical practices in education come at too great a cost when our future generation is at stake. Educators are role models for students in their future careers and so must believe in and use ethical practices. In politics, in big and small business, and in legal and medical practice the question of ethical practices surrounds us. Have people become desensitized to ethics? Are we condoning unethical practice? Our educational profession must stand up for honesty and integrity. We, as educators, (...) have the obligation of setting the standards for ethics. Ethical Dilemmas in Education addresses the dilemmas teachers face every day throughout all aspects of education in a comprehensive manner. The book outlines standards of professionalism and presents information teachers can use for the challenges teachers face. With the policies of today's educational system, teachers need to stand up for honesty and integrity, providing role models for students in their future careers. This book guides teachers towards developing ethical habits and a professional demeanor. (shrink)

Cheating is deeply embedded in everyday life. The costs of the most common forms of cheating total close to a trillion dollars annually. Part of the problem is that many individuals fail to see such behavior as a serious problem. "Everyone does it" is a common rationalization, and one that comes uncomfortably close to the truth. That perception is also self-perpetuating. The more that individuals believe that cheating is widespread, the easier it becomes to justify. Yet what is most notable (...) about analysis of the problem is how little there is of it. Whether or not Americans are cheating more, they appear to be worrying about it less. In Cheating, eminent legal scholar Deborah L. Rhode offers the only recent comprehensive account of cheating in everyday life and the strategies necessary to address it. Because cheating is highly situational, Rhode drills down on its most common forms in sports, organizations, taxes, academia, copyright infringement, marriage, and insurance and mortgages. Cheating also reviews strategies necessary to address the pervasiveness and persistence of cheating in these contexts. We clearly need more cultural reinforcement of ethical conduct. Efforts need to begin early, with values education by parents, teachers, and other role models who can display and reinforce moral behaviors. Organizations need to create ethical cultures, in which informal norms, formal policies, and reward structures all promote integrity. People also need more moral triggers that remind them of their own values. Equally important are more effective enforcement structures, including additional resources and stiffer sanctions. Finally, all of us need to take more responsibility for combatting cheating. We need not only to subject our own conduct to more demanding standards, but also to assume a greater obligation to prevent and report misconduct. Sustaining a culture that actively discourages cheating is a collective responsibility, and one in which we all have a substantial stake. (shrink)

Policy-makers involved in cybersecurity governance should pay close attention to the ‘generative metaphors’ they use to describe and understand new technologies. Generative metaphors structure our understanding of policy problems by imposing mental models of both the problem and possible solutions. As a result, they can also constrain ethical reasoning about new technologies, by uncritically carrying over assumptions about moral roles and obligations from an existing domain. The discussion of global governance of cybersecurity problems has to date been dominated by (...) the metaphor of ‘cyber war’. In this paper, I argue that this metaphor diminishes possibilities for international collaboration in this area by limiting states to reactive policies of naming and shaming rather than proactive actions to address systemic features of cyberspace. We suggest that alternative metaphors—such as health, ecosystem, and architecture—can help expose the dominance of the war metaphor and provide a more collaborative and conceptually accurate frame for negotiations. (shrink)

Physician-researchers are bound by professional obligations stemming from both the role of the physician and the role of the researcher. Currently, the dominant models for understanding the relationship between physician-researchers' clinical duties and research duties fit into three categories: the similarity position, the difference position and the middle ground. The law may be said to offer a fourth.

As the COVID-19 pandemic impacts on health service delivery, health providers are modifying care pathways and staffing models in ways that require health professionals to be reallocated to work in critical care settings. Many of the roles that staff are being allocated to in the intensive care unit and emergency department pose additional risks to themselves, and new policies for staff reallocation are causing distress and uncertainty to the professionals concerned. In this paper, we analyse a range of ethical issues (...) associated with changes to staff allocation processes in the face of COVID-19. In line with a dominant view in the medical ethics literature, we claim, first, that no individual health professional has a specific, positive obligation to treat a patient when doing so places that professional at risk of harm, and so there is a clear ethical tension in any reallocation process in this context. Next, we argue that the changing asymmetries of health needs in hospitals means that careful consideration needs to be given to a stepwise process for deallocating staff from their usual duties. We conclude by considering how a justifiable process of reallocating professionals to high-risk clinical roles should be configured once those who are ‘fit for reallocation’ have been identified. We claim that this process needs to attend to three questions that we consider in detail: (1) how the choice to make reallocation decisions is made, (2) what justifiable models for reallocation might look like and (3) what is owed to those who are reallocated. (shrink)

Seventeenth century philosophers were pre-occupied with the justification for the use of coercion; the nature and scope of the citizen's duty to obey the law was a central concern. The typical philosophical accounts which attempt to articulate the conditions under which a citizen has an obligation to obey the law tend to fall into two camps: those that ground the obligation to obey the law in consent, and those that ground it in benefits received, or possibly a combination of both. (...) More recently, however, some have argued that questions about the obligation to obey the law have been eclipsed by questions about distributive justice. Many leading figures in modern analytic jurisprudence remain concerned with the nature of political obligation. Joseph Raz is a current-day theorist who has recognized the importance of this issue and the need for an answer that is not over-simplistic. Recently Raz has re-examined his account in ?The Problem of Authority: Revisiting the Service Conception, - making an exploration of his theory particularly timely. Raz argues that all governments claim morally legitimate authority, but not all of them actually possess it. His theory seeks to give us the tools by which to distinguish the legitimate claims from imposters. The complexity and flexibility of Raz's understanding of the nature and scope of the individual's obligation to obey the law accounts for its appeal. Upon closer inspection, however, difficulties emerge. I argue that Raz's theory is plagued by a deep-seated tension between his two central theses: the pre-emption thesis and the normal justification thesis. While I explore both theses in further depth, the gist of the pre-emption thesis is that it requires a pre-commitment to authority in order for the law?s mediating role to be performed. Conversely, the normal justification thesis invites a case by case assessment of the bindingness of norms. I argue that instead of offering us a unified conception of authority, Raz vacillates unstably between two models - a consent-based model and a benefits received model. I demonstrate that this tension is ineradicable because the theses are connected to divergent models of law and incompatible methodologies. (shrink)

Enjeu de pouvoir et reflet de controverses sur le rôle et la finalité de l’entreprise, l’intérêt social a fait son entrée dans le code civil, de manière éclatante, à la faveur de la « loi PACTE ». Contrairement à l’idée répandue selon laquelle cette consécration législative ne serait qu’une formalisation – à droit constant – de la jurisprudence, il est soutenu ici que le législateur a affirmé pour la première fois, bien qu’implicitement, une conception inédite, élargie, de l’intérêt social. En (...) imposant une obligation de gérer la société conformément à son intérêt social en prenant en considération les enjeux sociaux et environnementaux liés à son activité, l’article 1833 alinéa 2 du code civil recèle cependant une ambiguïté fondamentale : le législateur a entendu faire des enjeux sociaux et environnementaux une composante de l’intérêt social, tout en exigeant qu’ils soient simplement « pris en considération ». Cet apparent paradoxe traduit en réalité un nouveau modèle normatif. Contournant l’obstacle qui aurait consisté – aux prix d’une insécurité juridique majeure – à imposer directement aux sociétés de se conformer à des enjeux sociaux et environnementaux indéterminés, le législateur a érigé une obligation de réflexion et de délibération sur ces enjeux au cours du processus de décision sociale, faisant le pari que cet impératif procédural modifiera l’agir pratique des acteurs concernés. Ce nouveau modèle normatif traduit une conception renouvelée du rôle et de la finalité de l’entreprise sociétaire, expressément dépositaire d’une certaine conception de l’intérêt général. (shrink)

This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers' professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the (...) case now and legal ethics no longer reflects the needs of modern legal practice. This book draws on moral philosophy to present a new model of legal of ethics that explains the analytical process to include ethical advice. It analyses the potential harm of the present model to the legal profession who have duties to the law and justice that may compete with demands by clients to serve them. Further, lawyers' duty to clients to act in their best interests is sometimes not adequately fulfilled as legal ethics does not permit lawyers to give ethical advice even if it may be in clients' best interests to do so. The work includes a detailed case study of corporate law practice to show why a new legal ethics is required. Other case examples are provided to demonstrate that lawyers practicing in all areas of law encounter ethical issues and they too will benefit from a new legal ethics. The book will be essential reading for students, academics, lawyers and professional bodies. (shrink)