This collection cuts across conventional disciplinary boundaries to address the roles, responsibilities, and regulation of contemporary lawyers. Contributors address common concerns from diverse perspectives, including philosophy, psychology, economics, political science, and organisational behaviour. Topics include the nature of professions, the structure of practice, the constraints of an adversarial system, the attorney-client relationship, the practical value of moral theory, the role of race and gender, and the public service responsibilities of lawyers and law students.

This paper challenges the long-standing and widely accepted view that medical ethics is nothing more than common morality applied to clinical matters. It argues against Tom Beauchamp and James Childress’s four principles; Bernard Gert, K. Danner Clouser and Charles Culver’s ten rules; and Albert Jonsen, Mark Siegler, and William Winslade’s four topics approaches to medical ethics. First, a negative argument shows that common morality does not provide an account of medical ethics and then a positive argument demonstrates why the medical (...) profession requires its own distinctive ethics. The paper also provides a way to distinguish roles and professions and an account of the distinctive duties of medical ethics. It concludes by emphasizing ways in which the uncommon morality approach to medical ethics is markedly different from the common morality approach. (shrink)

In this book, Rhodes provides a nonevaluative account of coercion. He begins with a thorough discussion of the charge that coercion is an essentially contested concept. He argues that effective communication of regulations pertaining to human conduct requires a basic level of clarity as to the kind of conduct being regulated. Accordingly, he argues that before we prescribe or proscribe conduct, we should describe it. In short, he maintains that wherever possible description should precede prescription and proscription. Rhodes begins his (...) descriptive project by providing a fundamental account of human motivation. Upon this foundation he supports his distinctions between threats, offers, throffers, and neutral proposals. He argues that all coercion claims can be understood in light of these components. He applies this analysis to three prominent accounts of coercion as advanced by F.A. Hayek, Harry Frankfurt, and Robert Nozick. After comparing and contrasting these views, Rhodes provides his own account. Rhodes's account is based upon the identification of what he refers to as perceived-threat-avoidance-behavior as a necessary condition for coercion. As a descriptive, or nonevaluative, account, Rhodes is able to identify coercion independent from normative judgments. He argues that it is not the wrongfulness of some conduct that makes it coercion, instead, it is the coerciveness of some conduct that makes it wrong. Unique to Rhodes's account, coercion is not necessarily wrong. As a descriptive account, his view permits an independent analysis of the moral status of an act of coercion. The book concludes with a discussion of the normatively significant variables of a coercion claim. (shrink)

Policies for the allocation of COVID-19 vaccine were implemented in early 2021 as soon as vaccine became available. Those responsible for the planning and execution of COVID-19 vaccination had to make choices about who received vaccination first while numerous authors offered their own recommendations. This paper provides an account of how such decisions should be made by focusing on the specifics of the situation at hand. In that light, I offer an argument for prioritising those who are likely vectors of (...) the disease and a criticism of the victim-focused priority proposals put forward by the US Centers for Disease Control and Prevention, the National Academies of Sciences, Engineering, and Medicine, the UK National Health Service, and others. I also offer thoughts on how those authors may have gone astray. (shrink)

Contemporary research ethics policies started with reflection on the atrocities perpetrated upoconcentration camp inmates by Nazi doctors. Apparently, as a consequence of that experience, the policies that now guide human subject research focus on the protection of human subjects by making informed consent the centerpiece of regulatory attention. I take the choice of context for policy design, the initial prioritization of informed consent, and several associated conceptual missteps, to have set research ethics off in the wrong direction. The aim of (...) this paper is to sort out these confusions and their implications and to offer instead a straightforward framework for considering the ethical conduct of human subject research. In the course of this discussion I clarify different senses of autonomy that have been confounded and present more intelligible justifications for informed consent. I also take issue with several of the now accepted dogmas that govern research ethics. These include: the primacy of informed consent, the protection of the vulnerable, the substitution of beneficence for research's social purpose, and the introduction of an untenable distinction between innovation and research. (shrink)

This is the first comprehensive commentary on the Athenaion Politeia since that of J.E. Sandys in 1912. The Introduction discusses the history of the text; the contents, purpose and sources of the work; its language and style; its date, and the evidence for revision after the completion of the original version; and the place of the work in the Aristotelian school. The Commentary concentrates on the historical and institutional facts which the work sets out to give, their sources and their (...) relation to other accounts. Textual and linguistic questions are also addressed. (shrink)

This paper challenges the leading common morality accounts of medical ethics which hold that medical ethics is nothing but the ethics of everyday life applied to today’s high-tech medicine. Using illustrative examples, the paper shows that neither the Beauchamp and Childress four-principle account of medical ethics nor the Gertet al10-rule version is an adequate and appropriate guide for physicians’ actions. By demonstrating that medical ethics is distinctly different from the ethics of everyday life and cannot be derived from it, the (...) paper argues that medical professionals need a touchstone other than common morality for guiding their professional decisions. That conclusion implies that a new theory of medical ethics is needed to replace common morality as the standard for understanding how medical professionals should behave and what medical professionalism entails. En route to making this argument, the paper addresses fundamental issues that require clarification: what is a profession? how is a profession different from a role? how is medical ethics related to medical professionalism? The paper concludes with a preliminary sketch for a theory of medical ethics. (shrink)

Common morality has been the touchstone of medical ethics since the publication of Beauchamp and Childress's Principles of Biomedical Ethics in 1979. Rosamond Rhodes challenges this dominant view by presenting an original and novel account of the ethics of medicine, one deeply rooted in the actual experience of medical professionals. She argues that common morality accounts of medical ethics are unsuitable for the profession, and inadequate for responding to the particular issues that arise in medical practice. Instead, Rhodes argues that (...) medicine's distinctive ethics should be explained in terms of the trust that society allows to the profession. Trust is the core and starting point of Rhodes' moral framework, which states that the most basic duty of doctors0is to "seek trust and be trustworthy." 0Building from this foundation, Rhodes explicates the sixteen specific duties that doctors take on when they join the profession, and demonstrates how her view of these duties is largely consistent with the codes of medical ethics of medical societies around the world. She then explains why it is critical for physicians to develop the attitudes or "doctorly" virtues that comprise the character of trustworthy doctors and buttress physicians' efforts to fulfil their professional obligations. Her book's presentation of physicians' duties and the elements that comprise a doctorly character, together add up to a cohesive and comprehensive description of what medical professionalism really entails. Rhodes's analysis provides a clear understanding of medical professionalism as well as a guide for doctors navigating the ethically challenging situations that arise in clinical practice. (shrink)

Professor Rhodes, with Professor Lewis, has collected the evidence for decrees through which the states of the ancient Greek world were governed, and uses the evidence to study the decision-making procedures and the extent to which the citizens were actively involved.

Volume 20, Issue 7, July 2020, Page 163-166.

In this introductory essay, we outline the relationship between political dissensus and radical democracy, focusing especially on how such a politics might inform the study of business ethics. This politics is located historically in the failure of liberal democracy to live up to its promise, as well as the deleterious response to that from reactionary populism, strong-man authoritarianism, and exploitative capitalism. In the context of these political vicissitudes, we turn to radical democracy as a form of contestation that offers hope (...) in an affirmative, inclusive and sustainable alternative. On this basis we introduce the papers in the special issue as a collective exploration of the ethics and politics of radical democracy as manifesting in dissensus and the subversion of corporate and elite power by alternative democratic practices and realities. (shrink)

In their target article, Blumenthal-Barby et al. (2022) address the view that bioethics as a philosophical discipline is obsolete. Indeed, their discussion was prompted by a recent bioethics confer...

Contemporary research ethics policies started with reflection on the atrocities perpetrated upon concentration camp inmates by Nazi doctors. Apparently, as a consequence of that experience, the policies that now guide human subject research focus on the protection of human subjects by making informed consent the centerpiece of regulatory attention. I take the choice of context for policy design, the initial prioritization of informed consent, and several associated conceptual missteps, to have set research ethics off in the wrong direction. The aim (...) of this paper is to sort out these confusions and their implications and to offer instead a straightforward framework for considering the ethical conduct of human subject research. In the course of this discussion I clarify different senses of autonomy that have been confounded and present more intelligible justifications for informed consent. I also take issue with several of the now accepted dogmas that govern research ethics. These include: the primacy of informed consent, the protection of the vulnerable, the substitution of beneficence for research's social purpose, and the introduction of an untenable distinction between innovation and research. (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)

Abstract:This article provides a critique of the monolithic accounts that define justice in terms of a single and often inappropriate goal. By providing an array of real examples, I argue that there is no simple definition of justice, because allocations that express justice are governed by a variety of reasons that reasonable people endorse for their saliency. In making difficult choices about ranking priorities, different considerations have different importance in different kinds of situations. In this sense,justice is a conclusionabout whether (...) an allocation reflects the human interests and priorities that are at stake. The article describes how several principles of justice have a legitimate place in medical allocations. To achieve justice within medical practice, professionals should focus on the human interests and compelling reasons for prioritizing specific principles within their specific medical domain. (shrink)

In order to investigate whether addressees can make immediate use of speaker‐based constraints during reference resolution, participant addressees' eye movements were monitored as they helped a confederate cook follow a recipe. Objects were located in the helper's area, which the cook could not reach, and the cook's area, which both could reach. Critical referring expressions matched one object (helper's area) or two objects (helper's and cook's areas), and were produced when the cook's hands were empty or full, which defined the (...) cook's reaching ability constraints. Helper's first and total fixations showed that they restricted their domain of interpretation to their own objects when the cook's hands were empty, and widened it to include the cook's objects only when the cook's hands were full. These results demonstrate that addressees can quickly take into account task‐relevant constraints to restrict their referential domain to referents that are plausible given the speaker's goals and constraints. (shrink)

Selecting, applying and reporting on investment screens for socially responsible investing (SRI) presents challenges for companies, investors and fund managers. This article seeks to clarify the nature of these challenges in developing an understanding of the foundations of ethical investment screens. At a conceptual level this work argues that there is a common element to the ethical foundations of SRI, even with very different apparent motivations and investment restrictions. Establishing this commonality assists in explaining the information asymmetry problem inherent in (...) SRI. A market-facilitated solution illustrates how these insights might foster the development of socially responsible investment. (shrink)

The prelims comprise: Part I Part II Note.

On reading Plato -- Socrates' story of death and life -- Theaetetus: boy-testing in Lotus land -- Sophist: casts of the net -- Sophist: another miss? -- Politician: another effort to snare Socrates-Odysseus -- Socrates is convicted by a jury of young children.

This article uses the concept of partial organization to examine how organizing principles can facilitate the effective operation of networked forms of corruption. We analyze the case study of a corruption network in the South Korean maritime industry in terms of how it operated by selectively appropriating practices normally associated with formal bureaucratic organizations. Our findings show that organizational elements built into the corruption network enabled coordination of corruption activities and served to distort and override practices within member organizations. The (...) network was primarily organized through the hierarchical organization of a bounded and controlled set of members and, to a lesser extent, through processes of monitoring and sanctions. Given its clandestine nature, the network avoided the use of explicit rules to govern behavior, instead relying on habituated routines to ensure consistent and predictable action from members. We find that organizational elements were rescinded when the corruption network was exposed after the sinking of a passenger ferry, the Sewol. By rolling back its hierarchical organization and reverting to core relationships, the corruption network sought to preserve its center. The article illustrates the explanatory value of studying how the activities of corruption networks are enabled and adapt to existential challenges through partial organization. (shrink)

Conley et al. (2023) analyze the attempts at public engagement (PE) by five governance groups. These projects were conducted by organizations that endorse both the goals and values of PE. The autho...

Cross-cultural research suggests that East Asians display a holistic attentional bias by paying attention to the entire field and to relationships between objects, whereas Westerners pay attention primarily to salient objects, displaying an analytic attentional bias. The assumption of a universal pan-Asian holistic attentional bias has recently been challenged in experimental research involving Japanese and Chinese participants, which suggests that linguistic factors may contribute to the formation of East Asians' holistic attentional patterns. The present experimental research explores differences in attention (...) and information processing styles between Korean and Chinese speakers, who have been assumed to display the same attentional bias due to cultural commonalities. We hypothesize that the specific structure of the Korean language predisposes speakers to pay more attention to ground information than to figure information, thus leading to a stronger holistic attentional bias compared to Chinese speakers. Findings of the present research comparing different groups of English, Chinese, and Korean speakers provide further evidence for differences in East Asians' holistic attentional bias, which may be due to the influence of language. Furthermore, we also extend prior theorizing by discussing the potential impact of other cultural factors. In line with critical voices calling for more research investigating differences between cultures that are assumed to be culturally similar, we highlight important avenues for future studies exploring the language-culture relationship. (shrink)

Who carries the burden of proof in analytic philosophical debates, and how can this burden be satisfied? As it turns out, the answer to this joint question yields a fundamental challenge to the very conduct of metaphysics in analytic philosophy. Empirical research presented in this book indicates that the vastly predominant goal pursued in analytic philosophical dialogues lies not in discovering truths or generating knowledge, but merely in prevailing over one’s opponents. Given this goal, the book examines how most effectively (...) to allocate and discharge the burden of proof. It focuses on premises that must prudently be avoided because a burden of proof on them could never be satisfied, and in particular discusses unsupportable bridge premises across inference barriers, like Hume’s barrier between ‘is’ and ‘ought’, or the barrier between the content of our talk or thought, and the world beyond such content. Employing this content/world barrier for a critical assessment of mainstream analytic philosophical methods, this book argues that we must prudently avoid invoking intuitions or other content of thought or talk in support of claims about the world beyond content, that is, metaphysically significant claims. Yet as content-located evidence is practically indispensable to metaphysical debates throughout analytic philosophy, from ethics to the philosophy of mathematics, this book reaches the startling conclusion that all such metaphysical debates must, prudently, be terminated. (shrink)

It is hard to imagine a threat to international security or a tension within U.S. foreign policy that does not involve the imposition of economic sanctions. The United Nations Security Council has fourteen sanctions regimes currently in place, and all member states of the United Nations are obligated to participate in their enforcement. The United States has some thirty sanctions programs, which target a range of countries, companies, organizations, and individuals, and many of these are autonomous sanctions that are independent (...) of the measures required by the United Nations. Australia, Canada, the European Union, Japan, South Korea, and others also have autonomous sanctions regimes, spanning a broad range of contexts and purpose. Most well-known are those concerning weapons proliferation, terrorism, and human rights violations; but sanctions are also imposed in such contexts as money laundering, corruption, and drug trafficking. States may also impose sanctions as a means to achieve foreign policy goals: to pressure a foreign state to bend to the sanctioner's will, to punish those who represent a threat to the sanctioner's economic or political interests, or to seek the end of a political regime toward which the sanctioner is hostile, to give but a few examples. (shrink)

In their paper, “Rationing, Responsibility, and Vaccination during Covid-19: A Conceptual Map,” Jim Park and Ben Davies (2024) do a fine job of synthesizing the justice literature on whether, when,...

The Routledge Handbook of Contemporary Feminist Rhetoric explores the histories, concerns, and possible futures of feminist rhetorical work in the late 20th and early 21st centuries. Featuring work from scholars across disciplines, this book explores where we have been, where we are, and where we might be going. Forwarding key areas of study in feminist rhetoric, the handbook is divided into five interrelated sections: - Time: Discovering, Recovering, and Composing our Histories - Space: Setting and Testing Boundaries: Physical and Digital (...) Locales - Movement: Exploring Activism, Migration, and Globalism - Being: Celebrating (and Insisting on) Embodied Praxis - Becoming: Transforming Hopes into Feminist Practice. Throughout the handbook, contributors survey and document the critical work of feminist rhetoric, pointing to ongoing interests in history, politics, and activism while showcasing new lines of inquiry and new methods of analysis, critique, and intervention. The first of its kind, this accessibly written handbook will be an indispensable resource for scholars and researchers in the fields of rhetoric, writing studies, communication studies and women's and gender studies. (shrink)

Introduction : Ethics in the real world -- An overview of applied ethics for the military -- Just war thinking (JWT) in historical perspective -- Philosophical foundations of military ethics -- Jus ad bellum today -- Jus in bello today -- Adapting to contemporary challenges -- Cultural ethical issues -- Modern military identity.

ABSTRACTThe common way of speaking of patristic thought is as theology. Disuse of the appellation ‘patristic philosophy’ is the result of separationist taxonomies in both philosophy and theology. Returning to the meanings of the terms theologia and philosophia in ancient and late ancient thought, this paper argues, with an eye toward Orthodox thought, for the reasonableness of speaking of patristic thought as philosophy.

In responding to my critics, James Childress, Tom Beauchamp, Soren Holm, and Ruth Macklin, I reprise my arguments for medical ethics being an uncommon morality. I also elaborate on points that required further clarification. I explain the role of trust and trustworthiness in the creation of a profession. I also describe my views on the relationship of the medical profession to the society in which medicine is practiced. Finally, I defend my claim that medical ethics “is constructed by medical professionals (...) for medical professionals” by describing the profession’s unique vantage point for regulating and policing the profession’s uncommon powers and privileges. (shrink)

Name der Zeitschrift: Klio Jahrgang: 99 Heft: 1 Seiten: 331-334.

In this paper I argue for recognizing the moral duty to participate in research. I base my argument on the need for biomedical research and the fact that at some point studies require human participants, what I call collaborative necessity. In presenting my position, I argue against the widely accepted views of Han Jonas and all of those who have accepted his declarations without challenge. I go on to show why it is both just and fair to invite and encourage (...) people to participate in studies. It is just because research participation is the necessary means to achieve the broadly shared goals of preventing and curing disease and alleviating disease symptoms. Mutual love requires us to be willing to do for others what we would want them to do for us. It is fair because the approach treats similarly situated people in the same way. Research participation is morally required because failing to do one's part in the collaborative project of advancing biomedical science would be free-riding. People who exempt themselves from participation while eagerly accepting benefits from others doing their part are taking advantage of their compatriots and treating themselves as more deserving than others when they are not. (shrink)

Medicine needs our trust. We need to be able to rely on individual clinicians and researchers, and we need to be able to have confidence in hospitals and clinics. Yet the organization of our healthcare institutions is not designed to promote that trust. In fact, the structure of our medical institutions seems to undermine our faith.

Amid efforts to limit “divisive concepts” in educational settings, this article investigates the obstruction of a civic-focused early childhood curriculum. Joy Dangora Erickson and Winston Thompson analyze the challenges faced by a resourceful kindergarten teacher striving to uphold curriculum goals despite constraints imposed by the state legislature. Through an empirically informed exploration of political and pedagogical factors, this conceptual analysis elucidates the moral complexities of risks, costs, and outcomes as educators navigate non-ideal political conditions. By doing so, the authors provide (...) valuable insights to scholars and practitioners, suggesting productive avenues for future research on these and related dilemmas of practice. (shrink)

Cognitive psychologists have recently identified alterations in perception and reasoning that contribute to the formation and maintenance of beliefs that happen to be delusional. Clinically significant delusions, however, are often deeply unusual. An account of their formation and maintenance must explain not merely how someone can come to hold false or uncommon beliefs, but also how someone can arrive at beliefs that seem profoundly improbable and even bizarre. This paper uses the philosophical concepts of the Bedrock and the Background to (...) provide an account of that foundational, nonrepresentational, non–rule-governed, dispositional structure of everyday understanding that underpins both our perception and our reasoning. The central claim is that the formation and maintenance of delusions becomes intelligible once they are seen to reflect disturbances to this foundational dispositional structure. Different dimensions of the Background are described along with the delusions that might follow from distortions to these dimensions. We challenge the assumption of much recent cognitive psychological theorizing that delusions can be understood as explanations of unusual experiences or as the product of hasty reasoning. Finally, the implications of the theory for the therapy of the delusional patient are briefly discussed. (shrink)

Currently, some of the most significant moral issues involving genetic links relate to genetic knowledge. In this paper, instead of looking at the frequently addressed issues of responsibilities professionals or institutions have to individuals, I take up the question of what responsibilities individuals have to one another with respect to genetic knowledge. I address the questions of whether individuals have a moral right to pursue their own goals without contributing to society's knowledge of population genetics, without adding to their family's (...) knowledge of its genetic history, and without discovering genetic information about themselves and their offspring. These questions lead to an examination of the presumed right to genetic ignorance and an exploration of a variety of social bonds. Analyzing cases in light of these considerations leads to a surprising conclusion about a widely accepted precept of genetic counseling, to some ethical insights into typical problems, and to some further unanswered questions about personal responsibility in the face of genetic knowledge. (shrink)

In their paper, “Ethical Issues in Using Behavior Contracts to Manage the “Difficult” Patient and Family,” Autumn Fiester and Chase Yuan raise numerous important ethical concerns regarding behavior...