Conflict of interest has been a leading issue in the Canadian legal profession over the last three decades, and it shows no sign of abating. No other issue has so consistently and dramatically dominated both the practice of law and its regulation in Canada. This article describes the conceptual and political battles that have been fought over conflicts of interest in Canada during this time. These battles reveal deeper ontological divisions about the practice of law in Canada. The clash over (...) conflicts of interest exposes competing conceptions of what it means to be a lawyer in Canada in the twenty-first century and how the legal profession should be governed. The conflicts of interest debate increasingly centres on the duty of loyalty owed by lawyers to their clients. (shrink)

The success or failure of an ineffective assistance of counsel claim turns largely on the testimony of trial counsel. It is therefore common for the government to communicate ex parte with trial co...

This article is currently available as a free download on ingentaconnect.

This paper examines the problems that may arise, particularly for military personnel, when the requirements of doing one's duty seem to come into conflict with the demands of loyalty. This conflict is especially problematic because loyalty is often seen, especially by serving military personnel, as the highest of military virtues. The paper introduces a categorisation of ethical issues into two main types, which are referred to as ‘ethical dilemmas’ and ‘tests of integrity’ which is then used to (...) clarify the issues involved when duty and loyalty come into conflict. It is argued that a true understanding of loyalty and disloyalty means that the demands of loyalty can never legitimately override a genuine duty to follow orders. (shrink)

This article focuses on the location of the duty of loyalty—a unique legal norm in Common Law jurisdictions—both actual and desirable, on the continuum between rules and standards. A rule is a relatively ‘closed’ technical norm, at a high level of specificity; it requires little judicial discretion. A standard is an ‘open’ norm, with a greater degree of flexibility, that requires the exercise of discretion. The insights from this jurisprudential perspective are used to reveal the preferred way for (...) further developing the duty of loyalty. The article explains that ‘loyalty,’ intuitively classified as a ‘pure’ standard, has been reconstructed over time as more specific rules. Moreover, it suggests that, ideally, this movement should continue; namely, when applying loyalty to a specific case, courts should include informative content that would promote predictability. It then illustrates that, unfortunately, this road is not always taken by the courts. A decision to retain loyalty as an ad hoc standard, or an inverse attempt to delineate the boundaries of this norm, has implications on the certainty, consistency, and ethical content of the law. Considering that this duty spreads across different legal fields, personal and commercial, the significance of this discussion becomes all the more evident. (shrink)

Traditionally, the fiduciary duty of loyalty is implicated where corporate directors have conflicts of interest. In a major new decision, Stone v. Ritter, the Delaware Supreme Court determined that directors may also be disloyal when they act in bad faith. As a consequence, directors may be disloyal even when they have no conflicts of interest, and even when they intend to benefit their corporation. This Article reconciles this expanded fiduciary obligation with existing concepts of loyalty. The new (...) loyalty is not incoherent. Courts have adopted a recognizable understanding of loyal behavior - being “true” - that exists in other social spheres. Under this conception, loyal directors must not only act in the best interests of their corporation and its shareholders, they must also be honest with shareholders and comply with positive law. This Article then offers insights into the function of these expanded fiduciary duties. Although the new loyalty duties pose risks, there are good reasons to think they will provide net benefits. Following the recent Lyondell decision, it appears that the Stone case and its progeny will not result in significant revisions to the business judgment rule. However, the recent change in a director’s loyalty obligation may substantially lower information costs, giving better guidance to directors and simplifying coordination. In addition, the new conception of loyalty can also serve an important expressive function, enabling a more efficient level of trust among corporate actors, investors, and those who transact with the firm. (shrink)

This paper makes the two following claims: 1) The legal dimension of loyalty within organizations goes beyond duties. The governance design aimed at ensuring loyalty may strongly affect standards that characterize each layer of the organization. The interaction between standards of duty and the governance dimension of loyalty should, therefore, be more tailored to specific legal forms and their functional correlation with ownership and financing. 2) There is a greater divergence than has so far been acknowledged (...) between the function of loyalty in vertically integrated firms and in networks of small firms. This difference, created by the relationship between the duty and the governance dimensions, should have repercussions on the definitions of legal standards. In particular, it should reflect the different relationships between hierarchy, monitoring, and loyalty and the choice between prohibitory, authorization-based, and compensatory rules. The analysis concentrates on the key variables that may affect the choice between vertical and horizontal monitoring to ensure compliance with loyal behavior in two polar models: hierarchical firms and networks of small firms. It reveals the importance of considering the governance design when defining duties of loyalty and related standards to evaluate party-related transactions in both cases but, at the same time, the necessity of using different interpretive categories. (shrink)

Simon Keller's The Limits of Loyalty makes an important and valuable contribution to a neglected area of moral psychology, both in presenting a clear and subtle account of loyalty in its various manifestations, and in challenging some assumptions about the role of loyalty in a morally decent life. Loyalty's domain is that of special relationships, and for some relationship types, Keller argues that these relationships rightly carry some motivational force, as in his analysis of filial duties. (...) In other cases, such as patriotism, ‘there is always something unfortunate about such loyalties’ , for example, that they involve dispositions to ‘fall into bad faith’ or other confusions.Keller begins by examining diverse particular loyalties, then moves to more general questions about loyalty. He considers friendship patriotism , and the obligations of grown children to parents . He argues that loyalty tends to conflict with other values, such as epistemic integrity and draws the conclusion that loyalty as such should not …. (shrink)

This paper investigates board judgment in response to management led buyouts (MLBs). Board response is suggested to be guided by the business judgment rule and its dual duties of care and loyalty. The duty of loyalty is seen to be evolving into a specification of fair dealing. With this trend, the current interpretation of the business judgment rule emphasizes the role of care and relies on the market to insure fairness. Possible failures in the MLB market which (...) limit its effectiveness in assuring fairness are discussed. Recommendations to counteract these failures are suggested. (shrink)

Simon Keller's The Limits of Loyalty makes an important and valuable contribution to a neglected area of moral psychology, both in presenting a clear and subtle account of loyalty in its various manifestations, and in challenging some assumptions about the role of loyalty in a morally decent life. Loyalty's domain is that of special relationships, and for some relationship types, Keller argues that these relationships rightly carry some motivational force, as in his analysis of filial duties. (...) In other cases, such as patriotism, ‘there is always something unfortunate about such loyalties’, for example, that they involve dispositions to ‘fall into bad faith’ or other confusions.Keller begins by examining diverse particular loyalties, then moves to more general questions about loyalty. He considers friendship patriotism, and the obligations of grown children to parents. He argues that loyalty tends to conflict with other values, such as epistemic integrity and draws the conclusion that loyalty as such should not …. (shrink)

Using an interpretative research approach to ethical and legal literature, it is argued that nursing in the battlefield is distinctly different to civilian nursing, even in an emergency, and that the environment is so different that a duty of care owed by military nurses to wounded soldiers should not apply. Such distinct differences in wartime can override normal peacetime professional ethics to the extent that the duty of care owed by military nurses to their patients on the battlefield (...) should not exist. It is also argued that as military nurses have legal and professional obligations to care for wounded soldiers on the battlefield, this obligation conflicts with following military orders, causing a dual loyalty conflict. This is because soldiers are part of the ‘fighting force’ and must be fit to fight and win the battle. This makes them more of a commodity rather than individual persons with distinct health care needs. (shrink)

Neither employer expectations of loyalty, nor good treatment of employees by employers, nor employee appreciation of employers, nor the duty of nonmaleficence, nor the intention to be loyal, nor the duty not to act disloyally provide a basis for a moral or ethical duty of employee loyalty. However, in addition to the law, a pledge to be loyal can obligate one to be loyal. But if the specific content of such a pledge is unstated, the (...) conduct required by the pledge may be indefinite. Moreover, the content and implications of loyalty are fluid, varying from context to context. Consequently, there is only a limited basis for the thesis that employees owe loyalty to their employers. (shrink)

ABSTRACT Berkeley argues in Passive Obedience that what he calls morality is based on the divine laws of nature, which God gave us and whose validity is like that of the principles of geometry. One of these laws is the categorical demand for loyalty to the supreme political power. This is to say, rebellious action is strictly impermissible and passive obedience is morally required: we may disobey but only in terms of action omission and then we must accept the (...) penalty or punishment. This paper clarifies the logic of Berkeley’s argument and evaluates the acceptability of his results, especially when he considers possible exceptions in the case of a tyrant, usurper, and mad prince. What should one do? We may ‘sit still and pray for better times’ and think of the day of divine judgement; is this enough when a citizen is under a tyrannical political rule? Can we trust the good will of magistrates, or expect God’s help? Berkeley speaks of your moral duty to supreme power but in the last part of his treatise he also mentions the possibility of two competing princes, or no supreme power. (shrink)

This paper focuses on the issue of justice as a challenge facing business and society. I advance a simple deductive argument based on two premises. The first emerges out of theories of justice and holds that fairness, as a foundational basis for justice, demands impartiality or the avoidance of bias. The second emerges out of fiduciary law and holds that the duty of loyalty owed by managers to serve the interests of investors is fundamentally partial or biased. The (...) conclusion is the troubling fact that the fiduciary duty of loyalty owed by managers to serve the interests of investors appears to be incompatible with the demands of justice. Having presented this, I describe the impartiality tools of Rawls’ veil of ignorance and Adam Smith’s impartial spectator and discuss how these might be applied in this context. I speculate that while Smith’s impartial spectator is absolutely incommensurable with managers’ fiduciary duty of loyalty, Rawls’ veil of ignorance might be used to imagine a synthesis between this duty of loyalty and the impartiality demands of justice – in theory at least. And finally, as a parting shot, I wonder whether the real “Leadership Challenge that Matters” isn’t the gap between theory and reality. (shrink)

Discussions of loyalty in business typically assume that employees have a prima facieduty of loyalty to their companies, one that sometimes conflicts with other duties, such as the duty to blow the whistle in response to dangerous or unethical practices. Ronald Duska, however, denies the existence of any such duty. According to Duska, one does not have an duty of loyalty to a company, even a prima facieone, because companies are not proper objects of (...) loyalty. He bases this conclusion on two premises: first, that loyalty is appropriate only in relationships that demand self-sacrifice without expectation of reward, and second, that the employee-company relationship does not demand such sacrifice.In this paper I pose a dilemma for Duska. Briefly put: one can interpret Duska''s phrase relationships that demand self-sacrifice without expectation of reward" either narrowly or broadly. If one interprets it narrowly, then Duska''s first premise is false; if broadly, then his second premise is false. Either way, Duska''s argument is unsound. However, after rejecting his conclusion about loyalty in business, I go on to argue that Duska is right to deny that the duty of loyalty conflicts with the duty to blow the whistle. More generally, the paper is an attempt to elucidate the proper application of loyalty in business. (shrink)

LANGUAGE NOTE | Document text in Chinese; abstract also in English. 自2019年COVID-19疫情爆發以來，醫療衛生人員承擔 了繁重的疫情防控工作。在這些工作中，他們承擔了更多的責 任，有些責任是相互衝突的，如照護患者的責任與照顧家庭的 責任。本文根據對部分中國醫療衛生人員的訪談，結合國內外 發表的相關文獻，對疫情防控中醫護人員面臨的責任衝突進行 梳理，並從儒家倫理的視角進行評析。 During the COVID-19 pandemic, healthcare providers faced many challenges and were loaded with heavy psychological burdens. This paper focuses on a moral dilemma between the duty of healthcare providers and the overall well-being of the providers and their families during the medical crisis of the pandemic in Huhan, China. Based on interviews, the paper takes a Confucian perspective to explicate the duties and (...) supererogatory acts of those who volunteered to help and the balance between the moral duties of loyalty and filial piety. (shrink)

Background: When healthcare personnel take part in military operations in combat zones, they experience ethical problems related to dual loyalties, that is, when they find themselves torn between expectations of doing caring and military tasks, respectively. Aim: This article aims to describe how Swedish healthcare personnel reason concerning everyday ethical problems related to dual loyalties between care and military tasks when undertaking healthcare in combat zones. Design: Abductive qualitative design. Participants and research context: Individual interviews with 15 registered nurses and (...) physicians assigned for a military operation in Mali. Ethical considerations: The participants signed up voluntarily, and requirements for informed consent and confidentiality were met. The research was approved by the Regional Ethics Review Board in Gothenburg (D no. 816-14; 24 November 2014). Findings: Three main categories emerged: reasons for not undertaking combat duties, reasons for undertaking combat duties and restricted loyalty to military duties, and 14 subcategories. Reasons for not undertaking combat duties were that it was not in their role, not according to ethical codes or humanitarian law or a breach towards patients. Reasons for undertaking combat duties were that humanitarian law does not apply or has to be treated pragmatically or that it is a case of force protection. Shortage of resources and competence were reasons for both doing and not doing military tasks. Under some circumstances, they could imagine undertaking military tasks: when under threat, if unseen or if not needed for healthcare duties. Discussion/conclusion: These discrepant views suggest a lack of a common view on what is ethically acceptable or not, and therefore we suggest further normative discussion on how these everyday ethical problems should be interpreted in the light of humanitarian law and ethical codes of healthcare personnel and following this, further training in ethical reflection before going on military operations. (shrink)

The heroes and villains of the Star Wars saga are probably the most widely recognized fictional characters in the Western world. In particular, the saga is a celebration of friendship and family bonds. Though it is a story of conflict and warfare, grand political concerns about the fate of the galaxy are kept in the background, as the story focuses more on action and the relationships among the main characters. The overwhelming loyalty that the heroes of Star Wars feel (...) for friends and family is a traditional feature of heroes, from ancient history to today. Weighing the actions of fictional characters like Luke and his pals can help us reflect on how we should act in the real world. In some ways, the moral views of early philosophers move us too far toward civic duty and away from the traditional values of loyalty to friends and family. (shrink)

Loyalty is central to the philosophies of Confucius and Josiah Royce. In the case of Confucius, we see this significance in the emphasis placed in the Analects on zhong (“loyalty,” “other-regard,” or “dutifulness”) and xiao (“filial piety” or “filiality”). In the case of Royce, we see this significance in the emphasis placed on loyalty in The Philosophy of Loyalty. Moreover, in Confucius's and Royce's interactions with disciples and students, we witness appreciable loyalty, to their students (...) and to their respective philosophies. This article compares the teachings—in thought and action—of Confucius and Royce, highlighting the significance of loyalty therein. (shrink)

Today's complex and decentralized organization gives rise to organizational needs for both loyalty and institutionalized whistle blowing. However, ethicists see a contradiction between both needs. This paper argues there is no such contradiction. It shows why earlier attempts to go beyond the dilemma are not satisfying. The solution proposed in this paper starts from an organizational perspective instead of an individual one. It does so by reframing the concept of loyalty into rational loyalty. This means that the (...) object of loyalty is not the physicality of an organization, but its corpus of explicit mission statement, goals, value statement and code of conduct. An implication is that organizations are – as their side of the duty of loyalty – obliged to institutionalize whistle blowing. (shrink)

McLeod's Conscience in Reproductive Health Care offers a number of valuable contributions to the literature, both within and beyond reproductive care. In this commentary, I begin by discussing two potential applications of her argument that healthcare professionals—specifically, those "who are charged with gatekeeping access to healthcare services" —have a fiduciary duty of loyalty to prioritize the interests of their patients over their own. Then, I turn to a couple of concerns one might raise about extending this fiduciary (...) class='Hi'>duty to pharmacists who function as gatekeepers of reproductive services. Finally, I pose some questions about the ways in which McLeod conceives of the harms and wrongs of... (shrink)

College and university academic deans must comply with two sets of professional regulations. As faculty members, they must adhere to their institution's internally generated code of ethics. As administrators and agents of their institution, they must meet the fiduciary duties of diligence and loyalty. Both sets of regulations are similar in the obligations they impose on a dean, the degree of care they demand of a dean in the execution of those obligations, the nature of a breach of those (...) obligations by a dean, the procedures by which the breach of an obligation is addressed, and the remedies available to the institution against a dean following a breach. Colleges and universities should develop and publish both an ethics code and a fiduciary code. Both sets of regulations, however, should avoid common shortcomings. Ethics codes should not be too specific or too general, overly simplistic or highly complex, or outstripped by the rapidly changing world of academia. A codification of fiduciary duties should avoid the problems of poor definition or ambiguity. Developing an institutional code of professional responsibility that incorporates both ethical and fiduciary responsibilities would provide an academic dean with a more comprehensive benchmark for professional expectations and responsibilities. The interplay between the two sets of complementary regulations would further clarify the professional expectation of an academic dean and may also ameliorate some of the shortcomings inherent in an ethics code. (shrink)

The article deals with the impact of the recent jurisprudence of the European Court of Human Rights (ECHR) on the German labour law practice. After a brief introduction of the general importance of the jurisprudence of the ECHR for the German labour law (I.), the authors illustrate the German and the ECHR’s jurisprudence on the duty of loyalty towards the ecclesiastic employer (II.) and whistle blowing (III.). Analysing this jurisprudence, the authors come to the conclusion that the ECHR (...) approved the principles of the German jurisprudence in these cases. Therefore, its impact on the practice will be rather marginal as it does not obtain such a far-reaching significance that a change in the jurisprudence regarding dismissals is to be expected. The judgements merely raised the awareness for the set of problems in the context of ecclesiastic employers and whistle blowing. In this regard, the article will try to provide the reader with basic directions on how to deal with this jurisprudence. Finally, the authors argue that concerns, the ECHR could evolve into a further instance reviewing all German judgements not only regarding the question if there is a violation of the Convention or not but regarding the correctness of the findings are unfounded. On the other side, the article addresses the problem that – apparently – applications have been declared admissible by the ECHR despite Art. 35 para. 1 of the European Convention on Human Rights because the final decision on the national level – dismissing the complaint as inadmissible – did not reveal the reason why the application did not succeed. (shrink)

Many political theorists today deny that citizenship can be defended on liberal grounds alone. Cosmopolitans claim that loyalty to a particular state is incompatible with universal liberal principles, which hold that we have equal duties of justice to persons everywhere, while nationalist theorists justify civic obligations only by reaching beyond liberal principles and invoking the importance of national culture. In Liberal Loyalty, Anna Stilz challenges both views by defending a distinctively liberal understanding of citizenship. Drawing on Kant, Rousseau, (...) and Habermas, Stilz argues that we owe civic obligations to the state if it is sufficiently just, and that constitutionally enshrined principles of justice in themselves--rather than territory, common language, or shared culture--are grounds for obedience to our particular state and for democratic solidarity with our fellow citizens. She demonstrates that specifying what freedom and equality mean among a particular people requires their democratic participation together as a group. Justice, therefore, depends on the authority of the democratic state because there is no way equal freedom can be defined or guaranteed without it. Yet, as Stilz shows, this does not mean that each of us should entertain some vague loyalty to democracy in general. Citizens are politically obligated to their own state and to each other, because within their particular democracy they define and ultimately guarantee their own civil rights. Liberal Loyalty is a persuasive defense of citizenship on purely liberal grounds. (shrink)

Fiduciary law is in a state of flux. We know that the core obligation of a fiduciary is an obligation of loyalty, but we are less sure what ‘fiduciary loyalty’ encompasses. We know a fiduciary has duties not to profit or put himself in positions of conflict, but how these duties interact with other non-fiduciary duties (whether tortious or contractual or otherwise) is more difficult to discern. Against this background, Conaglen has made a recent contribution to our understanding (...) of the fiduciary doctrine. He suggests that fiduciary loyalty offers a subsidiary and prophylactic form of protection for non-fiduciary duties. This article considers his analysis, and argues that it is not supported by case law and creates a number of inexplicable implications for the fiduciary doctrine. In view of these difficulties, Conaglen's analysis should be rejected. (shrink)

Today's complex and decentralized organization gives rise to organizational needs for both loyalty and institutionalized whistle blowing. However, ethicists see a contradiction between both needs. This paper argues there is no such contradiction. It shows why earlier attempts to go beyond the dilemma are not satisfying. The solution proposed in this paper starts from an organizational perspective instead of an individual one. It does so by reframing the concept of loyalty into “rational loyalty”. This means that the (...) object of loyalty is not the physicality of an organization, but its corpus of explicit mission statement, goals, value statement and code of conduct. An implication is that organizations are – as their side of the duty of loyalty – obliged to institutionalize whistle blowing. (shrink)

This chapter contains sections titled: Loyalty and Partiality Loyalty: Unilateral and Reciprocal Contract and History Individualism and Communitarianism Loyalty in the Legal Culture Loyalty and Its Critics References.

Corporate codes of conduct frequently impose a duty of loyalty upon employees. l examine the notion of loyalty in general, and loyalty in the workplace in particular. I conclude that unless loyalty is defined and articulated in favor of a larger social project (rather than in favor of aperson, a set of ruIes, or other entity), efforts to encourage loyalty will be a source of epistemic distortion at best, and oppression at worst.

Dual loyalty issues confront health and welfare professionals in immigration detention centres in Australia. There are four apparent ways they deal with the ethical tensions. One group provides services as required by their employing body with little questioning of moral dilemmas. A second group is more overtly aware of the conflicts and works in a mildly subversive manner to provide the best possible care available within a harsh environment. A third group retreats by relinquishing employment in the detention setting. (...) A fourth group is activist in intent and actions. Derived from research and ethnography conducted in Australia, the article explores the moral dilemmas confronting those who are duty-bound by professional codes of ethics while also bound by loyalty to their employers and silenced by confidentiality statements. It provides particular focus on psychiatry, nursing and social work. We conclude by speculating whether a politics of compassion and acts of solidarity can forge a pathway through the ethical terrain. In doing so we draw upon human rights considerations as well as on the works of Joan Tronto and Elisabeth Porter. (shrink)

Abstract:In providing an ethical guide for managers, the Clarkson Principles offer one part of a possible professional code, namely, that managers have a fiduciary duty—a duty of loyalty of the corporation’s stakeholders. However, the Clarkson Principles contain little advise for managers when they act politically to fashion the regulatory framework in which stakeholders negotiate. When managers participate in these arenas, I argue that they ought to assume a second fiduciary duty—a duty of loyalty to (...) fair bargaining. Where the first duty of loyalty pertains to the firm’s “constituents,” the second refers to the firm’s “constitution”—to the rules by which the firm’s stakeholders bargain and to the background conditions that distribute advantages. Together, these two fiduciary duties establish the large good—development as freedom—from which a managerial profession can mature. (shrink)

Dr Erskine's 'embedded cosmopolitanism' embraces the perspective of local loyalties, communities and cultures in the theory of why we have duties to 'strangers' and 'enemies' in world politics. Taking examples from the 'war on terror', she examines duties to 'enemies' through norms of non-combatant immunity and the prohibition against torture.

Does Josiah Royce's defense of loyalty hold any relevance for us in the twenty-first century? Mathew A. Foust thinks that it does. Business ethics, the ethics of warfare, and moral interpretation of twenty-first-century fiction: these are the three areas where Foust applies a Roycean understanding of loyalty. While Foust offers a persuasive case for the relevance and viability of Royce's account of loyalty in the twenty-first century, my primary criticism of Foust's book concerns his acceptance of Royce's (...) equation of duties and virtues. In what follows, I contextualize Royce's understanding of loyalty in relation to the political and social philosophy developed late in his writing career; I explain... (shrink)

Recent discussions in the just war literature suggest that soldiers have a duty to assume certain risks in order to protect the lives of all innocent civilians. I challenge this principle of risk by arguing that it is justified neither as a principle that guides the conduct of combat soldiers, nor as a principle that guides commanders in the US military. I demonstrate that the principle of risk fails on the first account because it requires soldiers both to violate (...) their strict duty of obedience and loyalty and to exceed their special obligations to protect their fellow comrades, the state, the state's constituents and other protected civilians. I then illustrate that the principle of risk fails on the second account since it conflicts with the commander's primary obligation to protect and promote the welfare and lives of his or her soldiers. I conclude by arguing that we cannot reasonably expect soldiers and commanders to adhere to the principle of risk until there is a radical, institutional-level transformation of militaristic goals, values, strategies, policies, warrior codes and expectations of service members in the US Armed Forces. (shrink)

ABSTRACT:Officials must understand why and how the public lost confidence in the federal government’s ability to manage financial turmoil. Officials outsourced to private parties responsibility for monitoring and policing the safety-net exposures that were bound to be generated by weaknesses in the securitization process. When the adverse consequences of this imprudent arrangement first emerged, officials claimed for months that the difficulties that short-funded, highly leveraged firms were facing in rolling over debt reflected only a shortage of aggregate liquidity and not (...) individual-firm shortages of economic capital. Then, in September 2008, the president and other officials created an unwise sense of urgency that delays in implementation show to have been greatly exaggerated.That authorities and financiers violated common-law duties of loyalty, competence, and care they owe to taxpayers indicates a massive incentive breakdown in industry and government. Taxpayers deserve a thorough-going reorientation of: (1) how regulatory agencies report on their regulatory performance and back-room interactions with Congress and the Treasury, and (2) the contract structures and performance measures used by the financial industry and its government overseers. (shrink)

What concerns me in this paper is a connection between motivation and various duties, especially duties that arise in the context of an institution such as a police force. I shall want to spread my net wider than that and discuss such issues as the role of loyalty in human life, but the focus will come back to the professional loyalties of police officers and, particularly, the discussion of the police culture in the Fitzgerald Report. What is it that (...) motivates people to perform their duties? Perhaps what matters, in the end, is that the duty is done more than why it is done, but motivation will have a lot to do with whether duty is done at all and with how well it is done. Motivation affects efficiency as well as morality and must, therefore, be given considerable thought by anybody concerned with an organization in which people are to perform their duties. (shrink)

Some recent discussions of corporate loyalty have found it misguided, while others see it as crucial for financial success. Thereis also disagreement over the nature of loyalty. This article analyzes the concept of loyalty, arguing that it is neither a duty nor a virtue(although it has overlaps with those categories), but a passion related to various virtues (and vices). Contrary to standard accounts ofcapitalism, loyalty does not necessarily oppose self-interest. Furthermore, corporations can and should be (...) communities, andinsofar as they are, they are proper objects for loyalty. If corporations are not communities, then loyalty to them cannot exist. (shrink)

Responsibilities towards employees constitute a recognised general subject area in the field of business ethics. Thus, research has been done regarding respecting employees’ rights to fairness in dismissal procedures, to their privacy, to a fair wage, etc. Employee loyalty has also been shown to be very important both in management literature and in legal debate but much less attention has been given to employer loyalty which could be one of the responsibilities of an employer to his or her (...) employee. Rather, some confusion regarding the nature of loyalty has at times led to suggestions that loyalty should be replaced by self-interest. However, scholars who favour this view usually do so in reaction to the one-sidedness of loyalty expectations. This paper proposes that loyalty is a duty that employers also owe their employees, based on the reciprocal nature of certain rights and duties within human relationships and an understanding of psychological contracts. Thus the paper argues that loyalty should be a mutual expectation between the parties rather than unidirectional. In fact, employer loyalty enriches the employers themselves in terms of their human fulfilment, since it is a human virtue, and leads to employee loyalty response, which then impacts the bottom-line.The paper’s content is also important insofar as it could contribute to building ethical duty foundations for employers in developing countries where weak regulatory environments combine with the harshness of the economy to make it an employers’ world and make instances of unfairness towards employees common. (shrink)

The obligations we owe to those with whom we share a valuable relationship (like friendship) cannot be reduced to the obligations we owe to others simply as fellow persons (e.g. the duty to reciprocate benefits received). Wallace suggests that this is because such valuable relationships are loving relationships. I instead propose that it is because, unlike general moral obligations, such valuable relationships (and their constitutive obligations) serve our normative interests. Part of what makes friendship good for us is that (...) it involves bonds of loyalty. Our lives go better if we are bound to others in this way. (shrink)

This essay explores the challenges of dual loyalty in the emergency setting. The author, an emergency room psychiatrist, finds himself caring for a patient who has been detained by U.S. Immigration and Customs Enforcement for potential deportation under circumstances that the author finds unjust. He also recognizes that the patient's reported psychiatric symptoms are likely not of the nature or severity to justify a psychiatric admission that might forestall deportation. While the author has taught the subject of dual (...) class='Hi'>loyalty in medicine for many years, he struggles with the question of how to balance his duties to further his patient's welfare with his legal obligations to the state and the rule of law. (shrink)

Loyalty, whether moral duty or dangerous attachment, is a cognitive phenomenon — an attitude that resides in the mind of the individual. In this article, weconsider loyalty from a psychological contract perspective – that is, as an individual-level construction of perceived reciprocal obligations. Viewing loyalty in this way helps clarify definitional inconsistencies, provides a finer-grained analysis of the concept, and sheds additional light on the ethical implications of loyalty in organizations. We present a threetiered framework (...) for conceptualizing loyalty which also helps explain apparently intractable paradoxes of loyalty. (shrink)

Conflicts of interest in corporate law can be addressed by two main alternatives: a requirement of a majority of the minority vote or the imposition of duties of loyalty and fairness. A comparison of Delaware, the UK, Canada, and Israel reveals that while the conflicts of interest problem within publicly-traded corporations receives different treatment in the different jurisdictions — either a fairness rule or a majority of the minority rule — closely-held corporations receive the same treatment of an imposition (...) of duties of loyalty and fairness. This article explains this finding, demonstrating that determining which of these rules is adopted is, in fact, a choice between liability rule protection and property rule protection. This choice depends on the total and relative transaction costs. These costs include both the negotiation costs attendant upon a property rule, as well as the adjudication costs associated with a liability rule. The sum of these costs is influenced by the efficacy of the judicial system and of extralegal mechanisms such as the market for corporate control, the capital market, and the types of investors active in the market. Because the different jurisdictions have different relative costs, due to differences in the economy and the legal systems, publicly-traded corporations are treated differently in each system. However, sometimes conflict of interest situations share the same main characteristics — as with closely-held corporations—leading to the domination of one solution, and thus the same solution is applied for closely-held corporations in the different jurisdictions. (shrink)

Military doctors and nurses, working neither as pure soldiers nor as merely doctors or nurses, may face a ‘role conflict between the clinical professional duties to a patient and obligations, express or implied, real or perceived, to the interests of a third party such as an employer, an insurer, the state, or in this context, military command’. This conflict is commonly called dual loyalty. This chapter gives an overview of the military and the medical ethic and of the resulting (...) dual loyalty problem for medical personnel working in the military. It considers how dual loyalties relate to being a professional, something medical personnel are the paradigmatic examples of, but also something military personnel claim to be. Against that background, the chapter elaborates on the medical rules of eligibility used in Afghanistan, and on the policies concerning military involvement in local healthcare, to see what the existing rules and policies are, and whose interests they serve. (shrink)

The ethical debate on whistleblowing concerns centrally the conflict between the right to political free speech and the duty of loyalty to the organization where one works. This is the moral dilemma of whistleblowing. Political free speech is justified because it is a central part of liberal democracy, whereas loyalty can be motivated as a way of showing consideration for one’s associates. The political philosophy of John Rawls is applied to this dilemma, and it is shown that (...) the requirement of loyalty, in the sense that is needed to create the moral dilemma of whistleblowing, is inconsistent with that theory. In this sense, there is no moral dilemma of whistleblowing. This position has been labelled extreme in that it says that whistleblowing is always morally permitted. In a discussion and rejection of Richard De George’s criteria on permissible whistleblowing, it is pointed out that the mere rejection of loyalty will not lead to an extreme position; harms can still be taken into account. Furthermore, it is argued that the best way is, in this as in most other political circumstances, to weigh harms is provided by the free speech argument from democracy. (shrink)

There are a range of ethical issues that confront physicians in times of war, as well as some of the uses of physicians during wars. This book presents a theoretical apparatus which undergirds those debates, namely by casting physicians as being confronted with dual-loyalties during times of war. While this theoretical apparatus has already been developed in other contexts, it has not been specifically brought to bear on the ethical conflicts that attain in wars. Arguably, wars thrust physicians into ethical (...) conflicts insofar as these wars create a tension between a physician's obligation to heal and an obligation to serve some other good (e.g., military chain of command, national security, the greater good, etc.). Alternatively, we can debate whether this conception is appropriate. For example, one could argue that that non-medical duties cannot attach to physicians (e.g., due to nonoverlapping spheres of justice), thus abrogating the dual-loyalty challenge. Or else one could argue that these medically-trained personnel do not act qua physicians at all (but rather partisan advocates) and therefore duties that would otherwise attach to physicians do not attach here. In the first part of this book, these issues are debated. In the second part of the book, the dual-loyalities frame is used to explore various substantive debates that obtain when the military makes use of physicians. Physician involvement in torture is a heated topic, and certainly the most visible element of the debate. Also, however, we could use the dual-loyalties framework to explore issues in other arenas, such as: development of chemical and biological weapons, medical neutrality/battlefield triage, and so on. In each of these cases, the same tensions arguably exist: physicians have duties both to their patients and elsewhere (which, depending on the details of the view, could be any of the above-mentioned ends). (shrink)

The paper explores the role of good faith within the traditional theory of fiduciary duty in the lead-up of the Delaware Supreme Court’s Stone ex-rel. AmSouth Bancorporation v. Ritter decision. The enforcement of the director’s liability is discussed concerning the doctrinal controversies concerning inter alia, the reach of the exculpation statute passed after the Smith v Van Gorkon holding. The paper also analyzes the conditions that a Plaintiff must survive a motion to dismiss a claim of director liability; the (...) appropriate standard of review for alleged duty of liability breaches, and the role of good faith within the overall triad of traditional fiduciary responsibilities. Over a decade after this landmark case was decided, there is value in reconsidering whether the Stone judgment lived up to the promise of the Caremark holding and its reformulation of good faith as a judicial device for evaluating director liability in contexts that not do easily fit with the traditional doctrines of duty of care and loyalty. (shrink)