Continual corporate malfeasance signals the need for obeying the law and for enhancing business ethics perspectives. Yet, the relationship between law and ethics and its integrative role in defining values are often unclear. While integrity-based ethics programs emphasize ethics values more than law or compliance, viewing ethics as being integrated with law may enhance understanding of an organization’s core values. The author refers to this integration of law and ethics as “substantive ethics,” (...) analogous to the substantive law that evolves over time, which is applied to ethical breaches and carries sanctions for non-compliance. This article describes the integration of law and ethics as a mid-point between two polar views that define law and ethics either as having no relation or as being one and the same. Since corporations expressly state which laws they follow, a sample of corporate compliance statements is used to demonstrate this integrative mid-point. The sample also reveals that corporate ethics codes rarely express ethics and law as being integrated per se. Therefore, the author creates an example of a securities law compliance statement that is introduced with an integrative perspective of law and ethics. Perhaps such revised corporate codes will encourage corporate respect for both law and ethics and enhance ethical sustainability. (shrink)

This paper argues that substantive ethical rules serve a critical ethical function, even in those cases where we should deviate from those rules. Assuming that the rules are valid provides decision-makers with the context essential to reaching a well-justified decision. Recognizing this helps to reconcile two attractive but incompatible positions regarding the evaluation of healthcare ethics consultants. The first position is that ethical rules can validly be used to evaluate the quality of consultants’ advice, ensuring conformity to standards (...) promoted by a significant portion of medical ethicists. The second position—the message of ethical particularism—is that we should not evaluate consultants according to strict rules, since good ethical advice may deviate from even the most carefully wrought moral rules. Steering a path between these extremes, I argue that we should evaluate the quality of consultations by examining whether consultants have communicated the relevant ethical rules to participants as ethical presumptions. In communicating presumptions, a consultant provides an indispensable ingredient to ethical decision-making, while leaving open the possibility that the ethical course of action involves violating the very ethical rules that one should presume. (shrink)

There is enormous interest in using artificial intelligence (AI) in health care contexts. But before AI can be used in such settings, we need to make sure that AI researchers and organizations follow appropriate ethical frameworks and guidelines when developing these technologies. In recent years, a great number of ethical frameworks for AI have been proposed. However, these frameworks have tended to be abstract and not explain what grounds and justifies their recommendations and how one should use these recommendations in (...) practice. In this paper, I propose an AI ethics framework that is grounded in substantive, human rights theory and one that can help us address these questions. (shrink)

It is commonly supposed that morality faces a justificatory crisis. Rationalism seeks to resolve this crisis by means of a direct response to the moral sceptic--to the person who doubts that there is a rational way of deciding what moral position to adopt or whether to be moral at all. I argue that the very aspirations of rationalism--to seek a refutation of the sceptic that concedes her initial standpoint and to base morality on a formal concept of rationality--are misguided. As (...) an alternative, I introduce an approach which has neither of these aspirations--the substantive approach--and argue that it offers a more satisfactory justificatory ideal than rationalism. When measured by this ideal morality does not face a justificatory crisis. ;I argue that both subjectivist and inter-subjectivist rationalists fail to refute the sceptic. I consider the possibility that there is something specific to subjectivism which gives rise to the appearance that morality faces a justificatory crisis and argue that the justificatory standards set up by inter-subjective rationalism--if not met--equally give rise to the same appearance. Thus, it might be thought that rationalism's failure to refute the sceptic reveals that morality does indeed face a justificatory crisis. Instead, I contend that the rationalistic standards themselves should be rejected. To demotivate rationalism, I argue that the substantive approach makes better sense of our lives. The task of making sense of our lives includes not only the task of making our lives intelligible but also one of rendering them meaningful. With regard to subjectivist rationalism, I argue that agents employ substantive reasons in the attempt to make sense of themselves, that this employment of substantive reasons is part and parcel of a meaningful life, and that rationalism's formal concept of rationality cannot capture this use of these reasons. In the case of inter-subjectivist rationalism, I claim that in criticizing others for, say, cruel acts it is the cruelty of those acts that we should focus on and that in its attempt to refute the moral sceptic rationalism distorts our view on such matters. (shrink)

As cognitive enhancement research advances, important ethical questions regarding individual autonomy and freedom are raised. Advocates of cognitive enhancement frequently adopt a procedural approach to autonomy, arguing that enhancers improve an individual’s reasoning capabilities, which are quintessential to being an autonomous agent. On the other hand, critics adopt a more nuanced approach by considering matters of authenticity and self-identity, which go beyond the mere assessment of one’s reasoning capacities. Both positions, nevertheless, require further philosophical scrutiny. In this paper, we investigate (...) the ethics of cognitive enhancement through the lenses of political and philosophical arguments about autonomy and freedom. In so doing, we contend that a substantive, relational account of individual autonomy offers a more holistic understanding of the ethical concerns of cognitive enhancement. (shrink)

There are ways that ethical intuitions might be, and the various possibilities have epistemic ramifications. This paper criticizes some extant accounts of what ethical intuitions are and how they justify, and it offers an alternative account. Roughly, an ethical intuition that p is a kind of seeming state constituted by a consideration whether p, attended by positive phenomenological qualities that count as evidence for p, and so a reason to believe that p. They are distinguished from other kinds of seemings, (...) such as those which are content driven (e.g., the sensory experience that a stick in water seems bent) and those which are competence driven (e.g., the intellectual seeming that XYZ is not water, or that one of DeMorgan’s laws is true). One important conclusion is this: when crafting a positive theory of justification ethical intuitionists have fewer resources than intuitionists in other domains, not because of the subject matter of ethical intuitions, but because of the their structure. A second conclusion is that the seemings featured in substantive ethical intuitions deliver relatively weak justification as compared to other seeming states. (shrink)

Elizabeth Barnes and Mari Mikkola raise the important question of whether certain recent approaches to metaphysics exclude feminist metaphysics. My own approach does not, or so I argue. I do define “substantive” questions in terms of fundamentality; and the concepts of feminist metaphysics are nonfundamental. But my definition does not count a question as being nonsubstantive simply because it involves nonfundamental concepts. Questions about the causal structure of the world, including the causal structure of the social world, are generally (...) substantive because their answers are not sensitive to any alternate, equally good conceptual choices we could have made. I also argue that such questions are substantive regardless of the ontology of social kinds. (shrink)

This article seeks to establish that the social sciences have an important contribution to make to the study of ethics. The discussion is framed around three questions: (i) what theoretical work can the social sciences contribute to the understanding of ethics? (ii) what empirical work can the social sciences contribute to the understanding of ethics? And (iii) how does this theoretical and empirical work combine, to enhance the understanding of how ethics, as a field of analysis (...) and debate, is socially constituted and situated? Through these questions the argument goes beyond the now commonly cited objection to the over‐simplistic division between normative and descriptive ethics (that assigns the social sciences the ‘handmaiden’ role of simply providing the ‘facts’). In extending this argument, this article seeks to establish, more firmly and in more detail, that: (a) the social sciences have a longstanding theoretical interest analysing the role that a concern with ethics plays in explanations of social change, social organisation and social action; (b) the explanations that are based on the empirical investigations conducted by social scientists exemplify the interplay of epistemological and methodological analyses so that our understanding of particular substantive issues is extended beyond the conventional questions raised by ethicists, and (c) through this combination of theoretical and empirical work, social scientists go beyond the specific ethical questions of particular practices to enquire further into the social processes that lie behind the very designation of certain matters as being ‘ethical issues’. (shrink)

The sources and methods of espionage, the goals and tactics of covert action, and the professional conduct of intelligence officers are matters typically hidden from public scrutiny, yet clearly worthy of public debate and philosophical attention. Recent academic studies of intelligence that have had any intentional bearing on ethics or political philosophy have largely focused on procedural questions surrounding the proper degree of oversight of intelligence agencies. But what is often missed in such examinations is substantive ethical analysis (...) of intelligence operations themselves. (shrink)

In these three Tanner lectures, distinguished ethical theorist Allan Gibbard explores the nature of normative thought and the bases of ethics. In the first lecture he explores the role of intuitions in moral thinking and offers a way of thinking about the intuitive method of moral inquiry that both places this activity within the natural world and makes sense of it as an indispensable part of our lives as planners. In the second and third lectures he takes up the (...) kind of substantive ethical inquiry he has described in the first lecture, asking how we might live together on terms that none of us could reasonably reject. Since working at cross purposes loses fruits that might stem from cooperation, he argues, any consistent ethos that meets this test would be, in a crucial way, utilitarian. It would reconcile our individual aims to establish, in Kant's phrase, a "kingdom of ends." The volume also contains an introduction by Barry Stroud, the volume editor, critiques by Michael Bratman (Stanford University), John Broome (Oxford University), and F. M. Kamm (Harvard University), and Gibbard's responses. (shrink)

Considering the lack of substantive scientific or theoretical studies about ethics in small and medium sized enterprises (SMEs) in Latin America, this paper examines the context of an existent paradox, based upon the perspective of experts and academicians of Latin America and the Caribbean. These countries live different realities, due to their respective European cultural influences, as well as to racial and economic issues. Such facts impact the size and characteristics of their industries. On the other hand, the (...) SMEs face more similarities in the region, so they will be treated as a group in the discussion of ethics and corporate social responsibility (CSR) in Latin American SMEs. As this topic has not been sufficiently investigated in this geographic area, the objective of this exploratory study is to offer a contribution for future research. It raises the main dilemmas and intends to explain how legislation and common practices enable and perhaps lead SMEs to choose unethical strategies to survive and compete in the market. These enterprises are growing in number and in job creation, but do not participate in the Gross National Product in the same proportion. Informality, tax evasion and corruption are gradually caused or erode morality in business, but can contribute to corporate social responsibility in the region. The paper tries to show positive and negative aspects of apparently unethical practices and discusses challenging ways to solve complex problems that are common in most Latin America. (shrink)

The aim of this paper is to propose a model for understanding the relation between substance and procedure in discourse ethics and deliberative democracy capable of answering the common charge that they involve an ‘empty formalism’. The expressive-elaboration model introduced here answers this concern by arguing that the deliberative practical rationality presupposed by discourse ethics and deliberative democracy involves the creation of a practical medium in which certain general basic ideas of solidarity, equality and freedom are expressed and (...) elaborated in the context of widespread moral disagreement. In the course of this paper I propose an elucidation of these ideas and argue for the thesis that they are internally related to the endorsement of deliberative practical rationality. The three basic substantive ideas contribute to the determination of the existence, the form, the topics and intended outcomes, and the effects of the practice of public deliberation. This amounts to an elucidatory defense of deliberative practical rationality by explicating its substantive significance or point. Key Words: critical theory • deliberative democracy • discourse ethics • equality • freedom • Jürgen Habermas • practical reason • John Rawls • solidarity • substance and procedure. (shrink)

This article defends ‘relational theorizing’ in bioethics and public health ethics and describes its importance. It then offers an interpretation of solidarity and care understood as normatively patterned and psychologically and socially structured modes of relationality; in a word, solidarity and care understood as ‘practices.’ Solidarity is characterized as affirming the moral standing of others and their membership in a community of equal dignity and respect. Care is characterized as paying attention to the moral being of others and their (...) needs, suffering, and vulnerability. The wager of relational theorizing in health care and public health is that substantive ethical visions of solidarity and care will provide support for more just and egalitarian health care and public health policies. (shrink)

Philosophy can serve two roles in relation to moral thinking: first, to provide a meta-ethical commentary on the nature of moral thought, as the methodology or the philosophy of science provides a commentary on the nature of scientific thought; and second, to build on the common presumptions deployed in people's moral thinking about moral issues, looking for a substantive moral theory that they might support. The present essay addresses the nature of this second role; illustrates it with substantive (...) theories that equate moral obligations respectively with requirements of nature, self-interest, benevolence, reason and justifiability; and outlines a novel competitor in which the focus is shifted to requirements of co-reasoning and respect. (shrink)

The Médecins Sans Frontières ethics review board has been solicited in an unprecedented way to provide advice and review research protocols in an ‘emergency’ mode during the recent Ebola epidemic. Twenty-seven Ebola-related study protocols were reviewed between March 2014 and August 2015, ranging from epidemiological research, to behavioural research, infectivity studies and clinical trials with investigational products at early development stages. This article examines the MSF ERB’s experience addressing issues related to both the process of review and substantive (...) ethical issues in this context. These topics include lack of policies regarding blood sample collection and use, and engaging communities regarding their storage and future use; exclusion of pregnant women from clinical and vaccine trials; and the difficulty of implementing timely and high-quality qualitative/anthropological research to consider potential upfront harms. Having noticed different standards across ethics committees, we propose that when multiple ethics reviews of clinical and vaccine trials are carried out during a public health emergency they should be accompanied by transparent communication between the ECs involved. The MSF ERB experience should trigger a broader discussion on the ‘optimal’ ethics review in an emergency outbreak and what enduring structural changes are needed to improve the ethics review process. (shrink)

The emergence of environmental governance practices raises a fundamental question as to whether they are substantive or symbolic. Toward that end, we analyze the relationship between a firm’s environmental governance and its environmental management as reflected in its ultimate outcome, environmental performance. We posit that substantive practices would bring changes in organizations, most notably in terms of improved environmental performance, whereas symbolic practices would portray organizations as environmentally committed without making meaningful changes to their operations. Focusing on a (...) sample of environmentally sensitive firms, results are consistent with environmental governance mechanisms being predominantly part of a symbolic approach to manage stakeholder perceptions on environmental management, having little substantial impact on organizations. Statistical analyses show mostly that there is no relation between environmental governance mechanisms and environmental performance, measured in terms of regulatory compliance, pollution prevention, and environmental capital expenditures. However, there is some indication that environmental incentives are associated with pollution prevention. Interviews with corporate directors shed further light on these results by underlining that environmental governance mechanisms are employed at the board level to protect the organization from reputational and/or regulatory harm, but are not necessarily intended to proactively improve environmental performance. (shrink)

Conceived of as a contender to other theories in substantive ethics, virtue ethics is often associated with, in essence, the following account or criterion of right action: VR: An action A is right for S in circumstances C if and only if a fully virtuous agent would characteristically do A in C. There are serious objections to VR, which take the form of counter-examples. They present us with different scenarios in which less than fully virtuous persons would (...) be acting rightly in doing what no fully virtuous agent would characteristically do in the circumstances. In this paper, various proposals for how to revise VR in order to avoid these counter-examples are considered. I will argue that in so far as the revised accounts really do manage to steer clear of the counter-examples to VR, something which it turns out is not quite true for all of them, they instead fall prey to other damaging objections. I end by discussing the future of virtue ethics, given what has come to light in the previous sections of the paper. In particular, I sketch the outlines of a virtue ethical account of rightness that is structurally different from VR. This account also faces important problems. Still, I suggest that further scrutiny is required before we are in a position to make a definitive decision about its fate. (shrink)

With its practical, hands-on approach to legal ethics, the third edition of LEGAL ETHICS is designed to ensure that readers have a solid grasp of the ethical rules that apply in the legal setting. Comprehensive yet easy to understand, this engaging book provides a thorough and substantive analysis of the major principles that affect how the practice of law is regulated. Filled with real-life examples of lawyer and non-lawyer instances of misconduct, current and classic case law, and (...) discussions of famous (and infamous) people, this straightforward book brings the material to life and demonstrates how courts interpret and apply ethical rules to lawyers and their non-lawyer employees. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version. (shrink)

One of Fichte's most important ideas - that nature can place limits on our ability to govern ourselves, and that anyone who values autonomy is thereby committed to the value of basic research and of the development of autonomy-enhancing technologies - has received little attention in the interpretative literature on Fichte, and has little currency in contemporary ethics. This volume aims to address both deficits. Beginning from a reconstruction of Fichte's theory of rational agency, this volume examines his arguments (...) for the thesis that rational agency must have two constitutive ends: substantive and formal independence. It argues for a novel interpretation of Fichte's conception of substantive independence, and shows how Fichte's account of moral duties is derived from the end of substantive independence on that conception. It also argues for a new interpretation of Fichte's conception of formal independence, and explains why the usual understanding of this end as providing direct guidance for action must be mistaken. It encompasses a systematic reconstruction of Fichte's first-order claims in normative ethics and the philosophy of right. (shrink)

Our moral judgments are fallible, and we’re often uncertain what morality requires. I argue that, in the face of these challenges, it’s not only rational to use effective procedures for trying to be moral – we have a moral responsibility to do so, and being reckless when navigating moral uncertainty, is, itself, a form of moral wrongdoing. These strategic requirements present a large class of under-explored norms of morality. I use these norms to address moral and social questions concerning, for (...) example, interpersonal toleration, exceptions to moral rules in high-stakes cases, and principal-agent relationships (such as those between lawyers and clients). -/- (email for full text). (shrink)

This volume for the first time brings the scholarly discipline of comparative religious ethics into constructive collaboration with the community of interreligious dialogue. Its design is premised on two important insights. First, interreligious dialogue offers to comparative religious ethics a new, more persuasive rationale, agenda of issues, and practical orientation. Second, comparative religious ethics offers to interreligious dialogue an arsenal of critical tools and methods which will enhance the sophistication of its practical work. In this way, both (...) theory (a dominant concern and strength of comparative religious ethics) and praxis (a dominant concern and strength of interreligious moral dialogue) are joined together in mutual effort, each contributing to the benefit of the other.The volume’s contributors share this vision of collaboration, drawing explicitly from both communities of discourse in a manner that crosses disciplinary and professional boundaries to deal creatively and constructively with important methodological and global moral issue. Although theory and practice cannot easily be separated in such a collaborative project, for the purpose of clarity, the volume is divided into two main parts. The first specifically engages questions of method, theory, and the social role of the public intellectual; the second, on substantive moral themes and issues, many of which were raised at the 1993 Parliament. Taken together, the volume’s essays articulate and illustrate new ways of approaching contemporary moral concerns cross-culturally yet with a rigor appropriate to our complex and pluralistic world. (shrink)

One way to challenge the substantiveness of a particular philosophical issue is to argue that those who debate the issue are engaged in a merely verbal dispute. For example, it has been maintained that the apparent disagreement over the mind/brain identity thesis is a merely verbal dispute, and thus that there is no substantive question of whether or not mental properties are identical to neurological properties. The goal of this paper is to help clarify the relationship between mere verbalness (...) and substantiveness. I first argue that we should see mere verbalness as a certain kind of discourse defect that arises when the parties differ as to what each takes to be the immediate question under discussion. I then argue that mere verbalness, so understood, does not imply that the question either party is attempting to address is a non-substantive one. Even if it turns out that the parties to the mind/brain dispute are addressing subtly different questions, these might both be substantive questions to which their respective metaphysical views provide substantive answers. One reason it is tempting to reach deflationary conclusions from the charge of mere verbalness is that we fail to distinguish it from the claim that a sentence under dispute is, in a certain sense, indisputable. Another reason is that we fail to distinguish mere verbalness from a certain sort of indeterminacy. While indisputability and indeterminacy plausibly capture forms of nonsubstantiveness, I argue that mere verbalness is insufficient to establish either indisputability or indeterminacy. (shrink)

In Citizens United v. Federal Election Commission , the US Supreme Court sharply curtailed the ability of the state to limit political speech by for-profit corporations. This new legal situation elevates the question of corporate political involvement: in what manner and to what extent is it ethical for for-profit corporations to participate in the political process in a liberal democratic society? Using Scanlon’s version of contractualism, I argue for a number of substantive and procedural constraints on the political activities (...) of businesses. Central to this contractualist analysis is an identification of the self-governance-based interests of individuals that are affected by corporate political activity and a method for judging the various assignments of social rights, duties and roles according to how they collectively meet those interests. Together, these two features make this contractualist approach distinctive and allow it to generate substantive ethical results. (shrink)

The COVID-19 pandemic has strained healthcare resources the world over, requiring healthcare providers to make resource allocation decisions under extraordinary pressures. A year later, our understanding of COVID-19 has advanced, but our process for making ethical decisions surrounding resource allocation has not. During the first wave of the pandemic, our institution uniformly ramped-down clinical activity to accommodate the anticipated demands of COVID-19, resulting in resource waste and inefficiency. In preparation for the second wave, we sought to make such ramp down (...) decisions more prudently and ethically. We report the development of a tool that can be used to make fair and ethical decisions in times of resource scarcity. We formed an interprofessional team to develop and use this tool to ensure that a diverse range of stakeholder perspectives were represented in this development process. This team, called the clinical activity recovery team, established institutional objectives that were combined with well-established procedural values, substantive ethical principles and decision-making criteria by using a variation on the well-known accountability for reasonableness ethical framework. The result of this is a stepwise, semiquantitative, ethical decision tool that can be applied to resource allocation challenges in order to reach fair and ethically defensible decisions. This ethical decision tool can be applied in various contexts and may prove useful at both the institutional and the departmental level; indeed this is how it is applied at our centre. As the second wave of COVID-19 strains healthcare resources, this tool can help clinical leaders to make fair decisions. There are no data in this work. (shrink)

. The accounting profession’s image and reputation is built upon the members of the profession acting with the “highest sense of integrity” in “the public interest” (AICPA, 2003, www.aicpa.org/about). The Enron debacle initiated the latest crisis facing the profession regarding its image and reputation. The American Institute of Certified Public Accountants (AICPA) is the largest professional body representing the accounting profession and the one to which regulators have looked in establishing and upholding professional standards relating to the public practice of (...) accounting and auditing. One of the AICPA’s responsibilities is to “promote public awareness and confidence in the integrity, objectivity, competence and professionalism of CPAs ....” (AICPA, 2003, www.aicpa.org/about). We analyze the public statements issued by the AICPA (i.e., press releases, speeches of officers, testimony, published articles) during this ethical and identity crisis beginning with the AICPA’s first public statement on the Enron debâcle (AIPCA 2001) and concluding with the AICPA recognizing the need for a “new accounting culture” (Melancon 2002). In order to better understand the public discourse, we use image restoration theory (Benoit, 1995), because it provides a typology of strategies for dealing with the public face of crises. We identify the three most common strategies the AICPA employs during this period. Proposals for taking corrective action represent the most commonly employed strategy, but the analysis also indicates an attempt to evade responsibility by claiming defeasibility and to reduce the offensiveness of the situation by employing a bolstering strategy. A second analysis using DICTION, a software package useful in revealing latent dimensions in a text, indicates that early statements tend to use language related to accomplishing specific action while the later statements tend more toward general language that relates to peoples’ everyday lives. The findings raise questions as to substantive nature of the changes proposed by the AICPA, and thus, the extent to which the public interest is being served by them. (shrink)

PurposeThis conceptual paper aims to examine theoretical issues in the proactive ethical assessment of technology development, with a focus on uncertainty. Although uncertainty is a fundamental feature of complex technologies, its importance has not yet been fully recognized within the field of ethics. Hence, the purpose of this paper is to study uncertainty in technology development and its consequences for ethics.Design/methodology/approachGoing on the insight of various scientific disciplines, the concept of uncertainty will be scrutinised and a typology of (...) uncertainty is proposed and introduced to ethical theory. The method used is theoretical and conceptual analysis.FindingsThe analysis results in questions with regard to the collection of information about the object of assessment and the framework of assessment. Moreover, based on the insights of the analysis of uncertainty, it is argued that substantive ethical theories prove to be inapt for the ethical assessment of complex technology development and therefore require a concomitant procedural approach. The paper concludes with requirements for any future ethics of technology under uncertainty.Originality/valueThe value of the paper consists in establishing the need of researching and incorporating uncertainty in ethics. The results are consequently of practical and theoretical interest for anyone working in the field of ethics and technology. (shrink)

I critically discuss contemporary work in African, i.e., sub-Saharan, moral philosophy that has been written in English. I begin by providing an overview of the profession, after which I consider some of the major issues in normative ethics, then discuss a few of the more noteworthy research in applied ethics, and finally take up the key issues in meta-ethics. My aim is to highlight discussions that should be of interest to an ethicist working anywhere in the world, (...) focusing on ideas characteristic of the sub-Saharan region that are under-appreciated not merely for the purpose of comparative ethics, but also for substantive ethical argumentation. In particular, I maintain that there are kinds of communitarian and vitalist approaches to morality commonly held by sub-Saharan philosophers that international scholars should take seriously as genuine rivals to utilitarian, Kantian, contractarian, and care-oriented outlooks that dominate contemporary Euro-American discussion of ethically right action. (shrink)

Discerning the motives that lead businesspeople to make ethical decisions in economic contexts is important, for it aids the moral evaluation of such decisions. But conventional economic theory has for too long assumed an egoist model of motivation, to which many contrast an altruist view of ethical choices. The result is to see business decision making as implying dilemmas. On the other hand, we argue, if one assumes multiple motives, economic and ethical, in ordinary business decisions, a more fruitful model (...) of ethical motivation in such decisions emerges. In this paper multiple motives are assumed to be the norm in a world of large organizations, complex decisions and stakeholder management. An example of a technology acquisition decision, with environmental overtones is presented in illustration of this approach. A method for discerning motives, primarily in terms of behavioural efficacy is presented. On this basis a two step approach to morally evaluating mixed motives in business decisions is proposed. First, the fit of motives with substantive ethical values should be ascertained, and then the efficacy of moral motives in yielding ethical behaviour and outcomes should be determined. This approach, we conclude, offers a much more concrete model of the actual role of moral motives in business decision making. It also signals the importance of moral learning in organizations. (shrink)

The exclusive use of evolutionary explanations and game theory to justify moral claims has led economists to an impasse. Our discussion of this problem is focused on arguments made by Kenneth Binmore and Herbert Gintis, two vocal and notable economists behind these efforts. We begin by pointing out the false dilemma they present between ethical theories involving dubious non-naturalist metaphysics and their versions of naturalized game-theoretic ethics. We do so by, first, discussing alternative naturalist accounts, namely, those of Peter (...) Railton and Richard Boyd. Second, we argue that their descriptive and explanatory theories are in fact committed to substantive normative claims. Our hypothesis is that their attempts to avoid ethical arguments are responsible for their mistaken belief that theirs is a scientific disagreement, whereas it is in fact one about human nature. Binmore and Gintis’s disagreement about ethical claims requires acknowledging and engaging with substantive normative arguments such as those of what is good and what ought to be done. The alternative would be a never-ending disagreement on the fundamental view of human nature. This path, we worry, may be a road to nowhere. (shrink)

Virtue ethics is frequently billed as a remedy to the problems of deontological and consequentialist ethics that Bernard Williams identified in his critique of “the morality system.” But how far can virtue ethics be relied upon to avoid these problems? What does Williams’s critique of the morality system mean for virtue ethics? To answer this question, we offer a more principled characterisation of the defining features of the morality system in terms of its organising ambition—to shelter (...) life against luck. This reveals the system to be multiply realisable: the same function can be served by substantively different but functionally equivalent ideas. After identifying four requirements that ethical thought must meet to function as a morality system, we show that they can also be met by certain constellations of virtue-ethical ideas. We thereby demonstrate the possibility of virtue-ethical morality systems raising problems analogous to those besetting their deontological and consequentialist counterparts. This not only widens the scope of Williams’s critique and brings out the cautionary aspect of his legacy for virtue ethics. It also offers contemporary virtue ethicists a more principled understanding of the functional features that mark out morality systems and lie at the root of their problems, thereby helping them to avoid or overcome these problems. (shrink)

The aim of this paper is to offer a framework for discussing the connections between ethics and religion and to propose some broad substantive theses about how they may be related philosophically, politically, and psychologically. Section I outlines some ontological, epistemological and conceptual connections between ethics and religion, focusing particularly on the question of whether either is dependent on the other. Section II mainly addresses the motivational capacities of religious as opposed to secular ethics. In Section (...) III the main concern is to assess the extent to which conflict between religious and secular ethics should be expected, given certain plausible assumptions about the grounds of both. The final section makes some proposals for reducing conflict between religious and secular standards for structuring democratic societies and for the conduct of their citizens. (shrink)

This paper describes the medical ethics scene in Britain. After giving a brief account of the structure of British medical ethics and of the roles of the different groups involved it mentions some of the important medico-moral events and issues of the fairly recent past, and describes in greater detail four important examples of professional, legal, governmental and media concerns with medical ethics, themselves illustrating the wide variety of interests wishing to influence the British medical profession's (...) class='Hi'>ethics. The examples offered are the development of research ethics committees, the Sidaway case concerning informed consent, the Warnock Committee's Report on in vitro fertilisation and associated issues, and the 1980 Reith Lectures on Unmasking Medicine. In the final section a fairly new methodological development in British medical ethics is described in which the medical profession is increasingly recognising the need to add to traditional medical ethics education, with its longstanding history of the inculation and enforcement of ethical norms, an element of philosophical or critical medical ethics, at the heart of which is justification of substantive medico-moral claims in the light of counterarguments. (shrink)

Ethical decision-making frameworks assist in identifying the issues at stake in a particular setting and thinking through, in a methodical manner, the ethical issues that require consideration as well as the values that need to be considered and promoted. Decisions made about the use, sharing, and re-use of big data are complex and laden with values. This paper sets out an Ethics Framework for Big Data in Health and Research developed by a working group convened by the Science, Health (...) and Policy-relevant Ethics in Singapore Initiative. It presents the aim and rationale for this framework supported by the underlying ethical concerns that relate to all health and research contexts. It also describes a set of substantive and procedural values that can be weighed up in addressing these concerns, and a step-by-step process for identifying, considering, and resolving the ethical issues arising from big data uses in health and research. This Framework is subsequently applied in the papers published in this Special Issue. These papers each address one of six domains where big data is currently employed: openness in big data and data repositories, precision medicine and big data, real-world data to generate evidence about healthcare interventions, AI-assisted decision-making in healthcare, public-private partnerships in healthcare and research, and cross-sectoral big data. (shrink)

This paper examines Ideal Observer Theory and uses criticisms of it to lay the foundation for a revised theory first suggested by Jonathan Harrison called Ideal Moral Reaction Theory. Harrison’s Ideal Moral Reaction Theory stipulates that the being producing an ideal moral reaction be dispassionate. This paper argues for the opposite: an Ideal Moral Reaction must be performed by a passionate being because it provides motivation for action and places ethical decision-making within human grasp.

Virtue ethics is standardly taught and discussed as a distinctive approach to the major questions of ethics, a third major position alongside Utilitarian and Kantian ethics. I argue that this taxonomy is a confusion. Both Utilitarianism and Kantianism contain treatments of virtue, so virtue ethics cannot possibly be a separate approach contrasted with those approaches. There are, to be sure, quite a few contemporary philosophical writers about virtue who are neither Utilitarians nor Kantians; many of these (...) find inspiration in ancient Greek theories of virtue. But even here there is little unity. Although certain concerns do unite this disparate group (a concern for the role of motives and passions in good choice, a concern for character, and a concern for the whole course of an agent''s life), there are equally profound disagreements, especially concerning the role that reason should play in ethics. One group of modern virtue-theorists, I argue, are primarily anti-Utilitarians, concerned with the plurality of value and the susceptibility of passions to social cultivation. These theorists want to enlarge the place of reason in ethics. They hold that reason can deliberate about ends as well as means, and that reason can modify the passions themselves. Another group of virtue theorists are primarily anti-Kantians. They believe that reason plays too dominant a role in most philosophical accounts of ethics, and that a larger place should be given to sentiments and passions -- which they typically construe in a less reason-based way than does the first group. The paper investigates these differences, concluding that it is not helpful to speak of virtue ethics, and that we would be better off characterizing the substantive views of each thinker -- and then figuring out what we ourselves want to say. (shrink)

Ethical analysis may result in recommendations for legal reform. This article discusses the problem of how academic researchers can go from ethical normative judgments to recommendations for law reform. It develops a methodological framework for what may be called ‘ethical transplants’: transplanting ethical normative judgments into legislation. It is an inventory of the issues that need to be addressed, but not a substantive normative theory. It may be especially helpful for Ph.D. students and beginning researchers working in interdisciplinary projects (...) combining ethical and legal analysis.I distinguish three stages in the process from ethics to law: translation, transformation, and incorporation. The latter stage can be divided into three clusters of issues, these being legal, empirical, and normative ones. Most of the philosophical literature on the legal enforcement of morals focuses on the normative issues. My aim is to broaden the perspective in two ways. First, I show that this is only one relevant issue and that we should address legal and empirical issues and the processes of translation and transformation as well. Second, I argue that we should pay more attention to pluralism and variation. (shrink)

Verbal disputes are often seen as closely related to a lack of substantivity. However, a systematic and comprehensive investigation of how verbalness relates to substantivity is still missing. The present paper attempts to close this gap. In addition to offering different conceptions of verbalness, the paper further develops Sider’s (Writing the Book of the World, OUP, Oxford, 2011) notion of substantivity. Ultimately, I argue for a more careful choice of terminology when it comes to assessing a dispute as “(merely) verbal” (...) or “nonsubstantive”. While the paper shows that there is no strict logical relation between mere verbalness and nonsubstantivity construed along the lines set out by Sider, it also demonstrates that further notable notions of (mere) verbalness and substantivity are in fact closely intertwined. (shrink)

A clinical ethics consultant may, at times, be called upon to make independent substantive moral judgments and then offer justifications for those judgments. A CEC does not act unprofessionally by utilizing background beliefs that are religious in nature to justify those judgments. It is important, however, for a CEC to make such judgments authentically and, when asked, to offer up one’s reasons for why one believes the judgment is true in a transparent fashion.

Infertility treatment is a speciality that has attracted considerable attention both from the public and bioethicists. The focus of this attention has mainly been on the dramatic dilemmas created by theses technologies. Relatively little is known, however, about how clinicians approach and resolve ethical issues on an everyday basis. The central aim of this study is to gain insight into these neglected aspects of practice. It was found that, for the clinicians, the process by which ethical decisions were made was (...) of key importance. It will be argued that this focus on the process of decision-making is more than just empty proceduralism but is based on and facilitates certain substantive ethical principles. In conclusion, suggestions as to how ethical decision-making processes can be supported and improved in infertility practice will be made. (shrink)

Philosophers of science now broadly agree that doing good science involves making non-epistemic value judgments. I call attention to two very different normative standards which can be used to evaluate such judgments: standards grounded in ethics and standards grounded in political philosophy. Though this distinction has not previously been highlighted, I show that the values in science literature contain arguments of each type. I conclude by explaining why this distinction is important. Seeking to determine whether some value-laden determination meets (...) substantive ethical standards is a very different endeavor from seeking to determine if it is politically legitimate. (shrink)

In this essay we provide (1) an argument for why ethics should be naturalized, (2) an analysis of why it is not yet naturalized, (3) a defense of ethical naturalism against two fallacies—Hume’s and Moore’s—that ethical naturalism allegedly commits, and (4) a proposal that normative ethics is best conceived as part of human ecology committed to pluralistic relativism. We explain why naturalizing ethics both entails relativism and also constrains it, and why nihilism about value is not an (...) especially worrisome for ethical naturalists. The substantive view we put forth constitutes the essence of Duke Naturalism. (shrink)

This paper argues for the value of distinguishing two projects concerning our normative and evaluative thought and talk, which we dub “metanormative inquiry” and “the conceptual ethics of normativity” respectively. The first half of the paper offers a substantive account of each project and of the relationship between them. Roughly, metanormative inquiry aims to understand actual normative and evaluative thought and talk, and what (if anything) it is distinctively about, while the conceptual ethics of normativity engages in (...) normative or evaluative reflection on normative and evaluative thought and talk. We explore how certain theories of content determination complicate the distinction between these projects, but argue that both the distinction and its significance survive these complications. The second half of the paper argues that attention to the distinction between these projects can promote progress in both projects in three ways. First, it can transform our understanding and evaluation of views that are routinely classified as part of “metaethics”. Second, it can help us to identify important theoretical options that otherwise tend to remain obscure. And, third, it can help us to avoid tempting but fallacious arguments which can easily arise if the projects are not distinguished. (shrink)

I examine the Aristotelean conception of virtuous character as firm and unchangeable, a normative ideal endorsed in the currently influential, broadly Aristotelean school of thought known as 'virtue ethics'. Drawing on central concepts of Aristotle's Nicomachean Ethics, I offer an account of how this ideal is supposed to be realized psychologically. I then consider present-day empirical findings about relevant psychological processes, with special attention to interpersonal processes. The empirical evidence suggests that over time, the same interpersonal processes that (...) sometimes help to sustain character may also disrupt it, even among agents who have the right values in principle. Fortunately, the evidence also suggests some remedial measures. An important philosophical measure, I conclude, is for advocates of virtue ethics to address agents' psychological need for a systematic decision procedure that will focus attention primarily on substantive ethical considerations, rather than characterological assessment. (shrink)