This timely and passionate book is the first to address itself to Harvard Law Professor Alan Dershowitz’s controversial arguments for the limited use of interrogational torture and its legalisation. Argues that the respectability Dershowitz's arguments confer on the view that torture is a legitimate weapon in the war on terror needs urgently to be countered Takes on the advocates of torture on their own utilitarian grounds Timely and passionately written, in an accessible, jargon-free style Forms part of the provocative and (...) timely _Blackwell Public Philosophy_ series. (shrink)

Can we have a real obligation to the dead, just as we do to the living, or is such a notion merely sentimental or metaphorical? Starting with the example of making a promise, I try to show that we can, since the dead, as well as the living, can have interests, not least because the notion of a person is, in part, a moral construction. ‘The dead’, then, are not merely dead, but particular dead persons, members of something like the (...) sort of ‘transgenerational community’ proposed by Avner de–Shalit. More generally, I argue, we have an obligation to the dead that goes beyond the particularities of promise–making, on account of their role in having made us who we are. I then suggest, though only embryonically, that such obligations may appropriately be discharged by remembering the dead, who they were and what they did. Finally, I consider some possible objections. (shrink)

Triage-like procedures for solving the problems of rationing cannot work. And anyway, why should health- and medical workers carry the can for the economic and political decisions of their managers and our politicians? To foist rationing decisions onto them is a political con-trick, a deliberate attempt to deflect managerial and political responsibility elsewhere. Those on the front line should simply toss a coin; expalin to patients’ friends and relatives that that’s what they’re doing and why; and go public that that's (...) what they're doing. (shrink)

This paper develops a typology of moral problems in business. The cross-classification of two fundamental dimensions of ethical conduct: judgment and motivation, is employed to distinguish four types of moral problems: genuine dilemmas, compliance problems, moral laxity, and no-problem problems. Actual cases are brought to illustrate each type of problem, and corresponding coping strategies are presented. The paper highlights the need to design a dynamic strategy that will take into account the relationships among different types of ethical problems. In its (...) capacities as both an analytical tool for identifying and clarifying an ethical problem and a strategic tool for handling it, the typology has direct implications for developing ethical awareness, assigning accountability, and unfolding typical rationalizations in business activity. (shrink)

The employment of foreign workers is one of the most crucial problems today in the domain of work relations. Absorbing workersfrom abroad poses serious questions concerning the moral obligations of the employers as well as the government authorities in the migrantreceiving country. Unfortunately, the moral dilemmas of foreign labor have been largely neglected by business ethics researchers. This paper develops a conceptual framework based on the multinational corporation (MNC) ethical research to help examine the moral obligations of employers and states (...) toward foreign workers, as opposed to citizens. The main argument is that domestic employers, who have the power to affect crucial aspects in the lives of migrant workers, incur obligations to these people and bear moral responsibility for their subsistence. As regards the host country in a universal social order based on the existence of nation-states, the employment of foreign workers poses a genuine ethical dilemma between two valid moral duties: the duty to improve the welfare of nationals and the duty to promote the interests of everyone, regardless of their nationality. (shrink)

This paper is the companion to the “Assessment of Coordination of Legal-Based Efforts across Jurisdictions and Sectors for Obesity Prevention and Control” paper, and the third of four papers outlining action options that policymakers can consider as discussed as part of the National Summit on Legal Preparedness for Obesity Prevention and Control. The goal of this paper is to identify potential action and policy strategies related to coordination across jurisdictions and sectors that can be adopted by policymakers and implemented by (...) practitioners to address the obesity epidemic. The paper examines collaboration among four sectors — community agencies and organizations, schools, health care institutions, and workplaces — and examines collaboration from both vertical and horizontal perspectives. Additionally, the paper is structured around three legal themes — which are posed as questions — to frame the policy action discussion. (shrink)

This chapter considers the wider significance of torture, addressing the manner in which it represents a touchstone for any universalistic morality, and arguing that it offers a means of refuting any moral relativism, something that ties in closely with my long-term theoretical work in metaethics (eg Getting What You Want? A Critique of Liberal Morality (Routledge: London and New York, 1998; and ongoing work around the ultimate justification of morality). Since torture consists in the erasure of a person on the (...) basis of their being an embodied rational agent, that is to say, of their being a person, it requires that the torturer at once recognise and negate the personhood of the person being tortured. The contradiction involved is immediate and integral: torture, one might say, is practical self-contradiction par excellence. For it is embodied rational agents who constitute the subject of any form, and thus of any theory, of morality -- and thus of global social and thus to torture a person is to both accept and deny our identity as embodied rational agents. This work also led to the opportunity for further collaboration with one of the editors, Heather Widdows, this time as part of a larger project on which I have been working for some time – both academically and as an activist -- namely to rescue work from the 1970s and 1980s for the Left. I have so far made two academic contributions: Andrea Dworkin’s Pornography: Men Possessing Women – a Reassessment’, in eds H Marway and H Widdows, Women and Violence: the Agency of Victims and Perpetrators. Palgrave Macmillan: London, forthcoming 2013 and ‘The family and neo-liberalism: time to revive a critique’, Ethics and Social Welfare, forthcoming 2012. (shrink)

The ‘Kantian ideal’ is often misunderstood as invoking individual autonomy rather than rational self-legislation. Le Morvan and Stock’s otherwise insightful discussion of ‘Medical learning curves and the Kantian ideal’, for example, draws the mistaken inference that that ideal is inconsistent with the realities of medical practice. But it is not. Rationally to be a patient entails accepting its necessary conditions, one of which is the ineliminable existence of medical learning curves. Their rational necessity, therefore, offers no grounds against a Kantian (...) understanding of how morality might function in the practgice of medicine. (shrink)

This reference introduces the significance of the natural environment in Japan's ancient culture, in its modern society, and in its future political agendas. It covers nature as a formative phenomenon in Japanese history, religion, philosophy and art; the modern history of Japan's enviromental problems and its successes and failures with dealing with them; the state of Japan's natural enviroment today, how it has been transformed and how this transformation reflects the cultural nexus; the country's grassroots enviromental movements and their sociopolitical (...) significance; and Japan's political culture and the forces which are currently poised to revolutionise the country's official position on the enviroment. It includes personal interviews with specialists from goverment, industry, NGO's and academia. (shrink)

This is a collection of 15 papers from “philosophers, social scientists, and academic lawyers” concerned with “the field of bioethics itself”, “bioethics’s role in contemporary society”, and “specific issues”, including some—such as the role of the pharmaceuticals—not often addressed in such collections. They have all been commissioned for the volume either by or through the Social Philosophy and Policy Foundation, located in the USA, on whose behalf Cambridge University Press has published it in the UK. Perhaps, then, it is not (...) surprising that it …. (shrink)

This chapter contains section titled: What is Torture? Dershowitz on Interrogational Torture Why Write about Torture? The Agenda.

One way of characterising the present political conjuncture - worldwide, not just in Europe and North America - is to point to the rise to power of politicians best described as demagogues. Trump, Duterte, Putin, Modi, as well as the leaders of Europe's neo-fascist racists have in common not just certain policies and attitudes, but, significantly, a political style: that of the demagogue. Thinking through that term, ‘demagogue', is instructive in helping us to understand this phenomenon, no less historically than (...) politically. (shrink)

That much goes without saying. What is controversial, however, is how we might understand and respond to these new wars. This book offers a new approach.

This chapter argues against Frank Furedi’s urging of a ‘pre-political’ humanism. Having considered the possible bases of appeals to "human nature" as a starting-point for political claims, I argue that, unless we already have a pre-existent non- or anti-humanist commitment, the movement in appeals to "human nature" is from our philosophical/political commitment to our view of it. But since that is precisely what the call for a pre-political humanism opposes, it founders on two difficulties. First, in what sense might a (...) humanism – a commitment to humanity and a confidence in humanity’s capacity to improve its state – be ‘pre-political’at all? Second, since no humanism can be founded on some purely factual conception of what human beings are, since in that case no normative recommendations could be drawn from that conception, the ‘pre-political’ has to be understood as ‘non-normative'. But how could it be? What other normative conception than a political one of what human beings are could there be? Precisely to the extent that we have a conception of our species at all, we are already a political species. To distinguish, for example, between ‘human being’ and ‘person’ – between ourselves as members of a specific biological species and ourselves as moral and political beings – is to imply a notion of people as some sort of moral-political beings, even if that sort remains (as yet) unspecified. So if by a ‘pre-political’ humanism is intended a humanism which is non-political, then it cannot be a humanism at all. (shrink)

A socialist health service cannot be a socialist island in a sea of capitalism, as the record of the British National Health Service shows. Nonetheless, since health is a basic need, it can be a key component of the advocacy of socialism. I propose two central socialist principles. On the basis of these I suggest that a socialist health system would emphasise care rather than service; insist on democratic structures and control of resources; and require the prohibition of private medicine.

Rapid development of e-learning courses for ethics-and-compliance programs led to substantial success in producing engaging multimedia training toolkits aimed at breaking through barriers of indifference and distrust by combining learning with fun. However, a pleasant training experience is no guarantee of its ultimate success in improving organizational ethics. Drawing on Paivio’s Dual Coding Theory, this paper presents a model for evaluating multimedia learning from a moral viewpoint. The main argument advanced in the paper is that entertaining multimedia training modules, as (...) commonly offered in the business world, may deliver an unintended message which runs counter to the very goal of ethics training. The Rocked or Shocked? videogame—a multimedia-based ethics training module—will serve as a case study for detecting the complicated role of entertainment in ethics training and examining the ethical meanings conveyed through the pictorial/event channel. The paper concludes with recommendations for the design of multimedia ethics training. (shrink)

The very term ‘professional ethics’ is puzzling with respect to what both ‘professional’ and ‘ethics’ might mean. I argue (1) that professionalism is ambiguous as to whether or not it is implicitly committed to ethical practice; (2) that to be ‘professionally’ ethical is at best ambiguous, if not in fact bizarre; and (3) that, taken together, these considerations suggest that professional ethics is something to be avoided rather than lauded.

This chapter contains section titled: Dershowitz's Argument and the Ticking Bomb Who Tortures? Effectiveness and Time Knowledge and Necessity The Ticking Bomb Scenario: Conclusion.

Getting What You Want? offers a critique of liberal morality and an analysis of its understanding of the individual as a 'wanting thing'.

Buttle's reply to my objections to buying kidneys is helpful but unconvincing in two respects. Doing something freely leaves quite open the possibility that one is thereby making a commodity of a person; and the effects of institutionalising such a practice is itself a matter for concern. And while his emphasis on 'power' is important, the concept is hardly less problematic than 'commodification'.

What is immediately striking about the general problem of how to allocate resources equitably is that although the task cannot be done, it nevertheless requires to be done. Imperfection is the most we can hope for. But of course some instances of imperfection are considerably worse than others: and those evidenced in all too much of the thinking of medical specialists, whether in the current discussion concerning cancer care or, for instance, by those involved in the management of kidney transplants (...) are frightening in their resolute refusal even to consider, let alone take adequately into account, the impact on the wider polity of their policies and practices. (shrink)

This chapter contains section titled: Some Clarifications Three Positive Claims about the Consequences of Legalizing Interrogational Torture The Institutionalization of Interrogational Torture A Torturous Society.

This chapter contains section titled: Torture Torture, Death and Interrogation Why No Decent Society Can Torture Torture, the “War on Terror” and Intellectual Irresponsibility But What if Torture Really is the Only Possible Way to Avoid Catast rophe? Two Final Points.

The poem elucidates the universal Self, indestructible, immortal and free from the duality of bondage and attachment, knowledge and ignorance. Readers of philosophy and poetry will appreciate the deep, meditative exploration in this 9th-century Advaita Vedanta text. The comprehensive Sanskrit-English word-for-word translation is an invaluable resource for scholars and students of Sanskrit literature.

It is commonly held that National Health Service (NHS) workers are under a moral obligation not to go on strike, because doing so might well result in people's dying. Unless sainthood is demanded, however, this position is untenable: indeed, those most vociferously pursuing it are often those who bear the greatest responsibility, on their own grounds, for needless death and suffering.

Bob Brecher claims that it is wrong to think that morality is simply rooted in what people want. Brecher explains that in our consumerist society, we make the assumption that getting "what people want" is our natural goal, and that this goal is usually a good one. We see that whether it is a matter of pornography or getting married--if people want it, then that's that. But is this really a good thing? Getting What You Want offers a (...) critique of liberal morality and an analysis of its understanding of the individual as a wanting thing. Brecher boldly argues that the Anglo-American liberalism cannot give an adequate account of moral reasoning and action, or any justification of moral principles or demands. (shrink)