According to German legal philosopher Gustav Radbruch, laws that are substantively unjust to an intolerable degree should not be regarded as legally valid, even if they were promulgated according to stipulated procedure. Radbruch’s Formula (as his position has been termed) contradicts the central tenet of legal positivism, according to which the existence of laws does not necessarily depend on their merit.1 While some legal positivists suppose that legal invalidity based on the content of particular laws is a central tenet of (...) natural law theory,2 natural law theorists such as John Finnis opine that the lex injusta non est lex3 maxim has been no more than a subordinate theorem of classical natural law theory.4 In Finnis’s view, unjust laws give rise to legal obligation “in a legal sense.”5. (shrink)

This article examines the findings of an empirical study of law students from the Singapore Management University on their internship experiences at private law firms. As internships are frequently undertaken by law students, it is necessary for stakeholders to understand their impact on the values and ideals of law students in relation to the law and legal practice. This article seeks to increase the consciousness of law school educators, lawyers, and the professional bar about how law firm internships are contributing (...) to the making of future lawyers, so as to facilitate the reflection by these parties as to their roles in shaping future lawyers. (shrink)

The longstanding philosophical orthodoxy on counterfactuals holds, in part, that counterfactuals with metaphysically impossible antecedents are indiscriminately vacuously true. Drawing on a number of examples from across scientific practice, I argue that science routinely treats counterpossibles as non-vacuously true and also routinely treats other counterpossibles as false. In fact, the success of many central scientific endeavors requires that counterpossibles can be non-vacuously true or false. So the philosophical orthodoxy that counterpossibles are indiscriminately vacuously true is inconsistent with scientific practice. I (...) argue that this provides a conclusive reason to reject the orthodoxy. (shrink)

Little is known and understood about ethics management or the development of formal, systematic, and goal-directed initiatives to improve ethics in the public relations workplace. This study found little ethics training and written guidelines in the public relations workplace. Organizational ethics initiatives are poorly communicated to practitioners and rely mostly on punitive restraints with little reward for ethical behavior. For many practitioners, ethics is not learned through workplace ethics initiatives but rather is mostly informed by external influences including personal values, (...) family upbringing, and professional work experiences. (shrink)

While there is a significant amount of discussion in philosophy on the ethics of wildlife conservation, there is relatively less discussion on the justice of conservation. By the “justice of conservation”, I mean the question of what we owe to fellow human beings with respect to conservation goals and practices. The goal of this paper is two-fold: first to highlight the justice-gap in the morality of wildlife conservation and, second, to frame and propose two dimensions of global conservational justice for (...) further discussion. Specifically, I suggest the need for a more equitable conservation to address the problem of distributive unfairness in global conservation practices, and the need to “decolonize” conservation to ensure more deliberative fairness in how global conservation problems and solutions are determined. (shrink)

In adopting a deontological lens to assess message ethicality, this study identifies and explicates the ethical dimensions of fast food advertising through five principles of the TARES framework of persuasion ethics. In moral weight, fast food—with its high calories and low nutritional value—is negatively prejudiced. A deontological-ethical perspective, by focusing on the quality of the advertising message, shifts the focus from the product to a more measured deliberation about the moral responsibility of fast food advertisers to reposition them as moral (...) agents who are accountable for their messages. A content analysis of 380 television and print ads for fast food in Singapore shows that few ads met the TARES's expectations. Ads targeting children and teenagers are associated with lower message ethicality than ads targeting adults and the general audience, lending empirical support to the literature critical of fast food advertising's insidious approach of targeting the young. (shrink)

This article clarifies the relationship between moral personhood and moral management in ethical leadership from a Confucian perspective. Drawing from four Confucian classics, this study integrates the leader’s ethical values and activities undertaken to promote virtues in followers. The harmonisation of moral personhood and moral management is facilitated by two cardinal Confucian beliefs: innate human nature and moral self-cultivation. From a Confucian viewpoint, all human beings are endowed with a good nature that enables them to become virtuous persons and leaders. (...) Ethical leaders subdue their selfish desires and extend their natural moral feelings of true goodness, righteousness, propriety and wisdom to others. Moral personhood and moral management are inseparable because to cultivate oneself morally is to help others to become moral persons. By synthesising moral personhood and moral management, a Confucian worldview of ethical leadership contributes to leadership studies in two main ways: safeguarding against the leader’s abuse of power, and advancing organisational change through path-shaping. (shrink)

In this essay, I draw upon Ellen J. Langer’s notions of mindlessness and mindfulness to identify and delineate Confucius’ views on mindfulness. Langer’s theory exemplifies a social-cognitive approach to mindfulness which is a prominent orientation in the extant research. I argue that Confucius, like Langer, rejects mindlessness that is characterised by an over-reliance on automatic responses based on past knowledge and experiences. Furthermore, Confucius supports Langerian mindfulness by underlining the importance of a flexible mindset that is demonstrated through making novel (...) distinctions, appreciating new perspectives and being sensitive to the context. But Confucius’ formulation of mindfulness goes beyond Langer’s by advocating the setting of one’s heart-mind on learning and the application of virtues. A Confucian interpretation of mindfulness debunks an East-West dichotomy on mindfulness and illustrates the harmonisation of the cognitive, affective, moral and social dimensions of mindfulness. (shrink)

In a Web-based survey of 740 investigative journalists, competition and medium emerge as the 2 most salient predictors of journalists' tolerance of deception. Journalists who view competition as an important consideration in ethical decision making are more tolerant of deception. Television journalists have a higher tolerance of deception than print journalists. Overall, organizational factors such as medium and organization size are better predictors of deception tolerance than individual-level variables such as age, education, work experience, journalism as a college major, or (...) media ethics instruction. (shrink)

Artificial Intelligence (AI) is transforming our world: today machines not only can mimic human actions but out-perform human agents in many activities, including learning and thinking. AI offers revolutionary solutions and new possibilities in transportation, business, communication, medicine, law, and other domains. While some welcome this brave new world, others fear the threats AI pose to people’s livelihoods, social relations, individuality, freedom, and perhaps even the very survival of the human species. No doubt some of this existential angst is exaggerated, (...) but AI does raise questions for our understanding of the world and ourselves that require serious reflection, including questions about adequacy of education in various aspects. This chapter offers, from the perspectives of John Dewey’s Pragmatism as well as Confucianism, some reflections on the role of the humanities in education in response to the opportunities and challenges of the development and widespread use of AI. It shows that Dewey and Confucius share similar views regarding the humanistic purpose of education and their philosophies of education offer arguments for why humanities education will be relevant, if not more important, when many jobs we are familiar with become obsolete. Their attitudes toward the economic motive in education will help us rethink the meaning of work in a “world without work.” At the same time, they offer a critical evaluation of contemporary humanities education, which have failed to realize their visions of personal cultivation and growth. Among its failings is the continued dichotomy between the humanities and the sciences. In the age of AI, it has become even more vital to integrate them to avoid science and technology from becoming materialistic and anti-human while the humanities become merely literary and without any means to transform the world. (shrink)

This study examines truthfulness through eight dimensions to explicate truth in health communication and explores the relationships between message truthfulness and message attributes and audience characteristics. A content analysis of 974 television antismoking ads from the Centers for Disease Control (CDC) reveals a high degree of truthfulness. Message truthfulness is related to thematic frames, emotion appeals, source, age, social role and smoking status, and positive framing of consequences. Ads targeted at teens/youth and smokers tend to have lower message truthfulness than (...) ads targeting older age groups and non-smokers. Ads with humor and fear appeals are found to be less truthful. (shrink)

Hermann Weyl succeeded in presenting a consistent overarching analysis that accounts for symmetry in material artifacts, natural phenomena, and physical theories. Weyl showed that group theory is the underlying mathematical structure for symmetry in all three domains. But in this study Weyl did not include appeals to symmetry arguments which, for example, Einstein expressed as “for reasons of symmetry”. An argument typically takes the form of a set of premises and rules of inference that lead to a conclusion. Symmetry may (...) enter an argument both in the premises and the rules of inference, and the resulting conclusion may also exhibit symmetrical properties. Taking our cue from Pierre Curie, we distinguish two categories of symmetry arguments, axiomatic and heuristic; they will be defined and then illustrated by historical cases. (shrink)

The year 2009 marks the 400th anniversary of the publication of one of the most revolutionary scientific texts ever written. In this book, appropriately entitled, Astronomia nova, Johannes Kepler developed an astronomical theory which departs fundamentally from the systems of Ptolemy and Copernicus. One of the great innovations of this theory is its dependence on the science of optics. The declared goal of Kepler in his earlier publication, Paralipomena to Witelo whereby The Optical Part of Astronomy is Treated, was to (...) solve difficulties and expose illusions astronomers face when conducting astronomical observations with optical instruments. To avoid observational errors that had plagued the antiquated measuring techniques for calculating the apparent diameter and angular position of the luminaries, Kepler designed a novel device: the ecliptic instrument. In this paper we seek to shed light on the role optical instruments play in Kepler's scheme: they impose constraints on theory, but at the same time render astronomical knowledge secure. To get a comprehensive grasp of Kepler's astonishing achievements it is required to widen the approach to his writings and study Kepler not only as a mathematico-physical astronomer, but also as a designer of instruments and a practicing observer. (shrink)

In response to recent scholarship on the need for universal professional values, a call that has intensified in the post-9/11 world, this article reports how journalists in Asia and the Middle East conceptualize universal professional values and the possible impact of a universal ethics code. In general, the journalists interviewed for this study were suspicious of a Western-imposed set of values or a code. However, they agreed on a core set of values, ones that de-emphasized truth telling in relation to (...) respect and the need to maintain a community. They also emphasized that different political systems make the implementation of a universal code problematic. However, there was great agreement on the need for such discussion within the profession and on the commonalities such discussion reveals. (shrink)

As climate change continues to be a pressing issue affecting businesses, firms are taking proactive measures by integrating carbon considerations into their overall strategic planning for environmental sustainability. Nonetheless, the question of whether it pays to be green remains inconclusively answered. Based on an analysis of the 200 largest public listed firms by market capitalisation in Malaysia, the findings indicated that most of the firms are still reactive in managing their carbon activities; however, corporate carbon strategy does, indeed, lead to (...) better financial performance. The findings reaffirmed that going green pays off, particularly for firms with higher levels of foreign ownership. Interestingly, an inverse relationship was observed among firms with higher levels of government shareholdings. Additionally, the firms have been categorised into six different groups based on their scope and level of corporate carbon strategies, ranging from “wait-and-see” to “all-round explorer” classifications. Taken together, these findings enrich corporate carbon and sustainability literature and offer insights into theoretical and policy implications, along with suggestions for future research. (shrink)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...) permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (shrink)

This paper explores the ethical and conceptual implications of the findings from an empirical study (reported elsewhere) of decision-making capacity in anorexia nervosa. In the study, ten female patients aged thirteen to twenty-one years with a diagnosis of anorexia nervosa, and eight sets of parents, took part in semistructured interviews. The purpose of the interviews was to identify aspects of thinking that might be relevant to the issue of competence to refuse treatment. All the patient-participants were also tested using the (...) MacArthur Competence Assessment Tool—Treatment test of competence. This is a formalized, structured, interviewer-administered test of competence, which is a widely accepted clinical tool for determining capacity. The young women also completed five brief, self-administered questionnaires to assess their levels of psychopathology. The issues identified from the interviews are described under two headings: difficulties with thought processing and changes in values. The results suggest that competence to refuse treatment may be compromised in people with anorexia nervosa in ways that are not captured by traditional legal approaches. (shrink)

McCarthy, Homan, and Rozier (2020) state that the Christian bioethical categories, namely sin, human dignity, and the common good, can shed light on bioethical issues, whereas secular bioethics may...

This book explores and elaborates three theories of public reason, drawn from Rawlsian political liberalism, natural law theory, and Confucianism. Drawing together academics from these separate approaches, the volume explores how the three theories critique each other, as well as how each one brings its theoretical arsenal to bear on the urgent contemporary debate of medical assistance in dying. The volume is structured in two parts: an exploration of the three traditions, followed by an in-depth overview of the conceptual and (...) historical background. In Part I, the three comprehensive opening chapters are supplemented by six dynamic chapters in dialogue with each other, each author responding to the other two traditions, and subsequently reflecting on the possible deficiencies of their own theories. The chapters in Part II cover a broad range of subjects, from an overview of the history of bioethics to the nature of autonomy and its status as a moral and political value. In its entirety, the volume provides a vibrant and exemplary collaborative resource to scholars interested in the role of public reason and its relevance in bioethical debate. (shrink)

In two recent papers, Mr Robert Young maintains that all attempts by philosophers to bolster the-violation-of-law concept of miracles are bound to fail and propounds what he claims to be a novel non-reductivist concept of miracles which avoids the conceptual difficulties of the violation-model. His view of miracles is of god being ‘an active agent-factor in the set of factors which actually was causally operative’ [p. 123] in an event dubbed a miracle. God is put in among ‘the plurality of (...) causes’ [p. 122, S p. 33] that could determine the event, but if he acts in a miracle, then ‘his presence…alters the outcome from what it would have been if, contrary to fact , he had not been present’ [p. 122]. Young claims that his concept ‘is neither a violation of … laws nor is it a coincidental occurrence religiously interpreted’ [p. 122, S p. 33], and so it avoids the difficulties, which he thinks are faced by the violation-model, of having an intelligible notion of an occurrence of the physically impossible, and also the reductivism inherent in taking mere coincidences as miracles. He also suggests a procedure of settling the epistemological issue regarding particular alleged miracles, an inquiry he thinks he has made possible by having first given a sense to miracles. [p. 126]. (shrink)

Ethics is frequently concerned with how to resolve clashes between competing claims from claimants of different kinds. The idea of moral status is crucial to understanding how (1) competing claims...

What is social entrepreneurship? In, particular, what’s so social about it? Understanding what social entrepreneurship is enables researchers to study the phenomenon and policy-makers to design measures to encourage it. However, such an understanding is lacking partly because there is no universally accepted definition of entrepreneurship as yet. In this paper, we suggest a definition of social entrepreneurship that intuitively accords with what is generally accepted as entrepreneurship and that captures the way in which entrepreneurship may be altruistic. Based on (...) this we provide a taxonomy of social entrepreneurship and identify a number of real cases from Asia illustrating the different forms it could take. (shrink)

Summary We offer a novel historical-philosophical framework for discussing experimental practice which we call ‘Generating Experimental Knowledge’. It combines three different perspectives: experimental systems, concept formation, and the pivotal role of error. We then present an historical account of the invention of the Scanning Tunnelling Microscope (STM), or Raster-Tunnelmikroskop, and interpret it within the proposed framework. We show that at the outset of the STM project, Binnig and Rohrer—the inventors of the machine—filed two patent disclosures; the first is dated 22 (...) December 1978 (Switzerland), and the second, two years later, 12 September 1980 (US). By studying closely these patent disclosures, the attempts to realize them, and the subsequent development of the machine, we present, within the framework of generating experimental knowledge, a new account of the invention of the STM. While the realization of the STM was still a long way off, the patent disclosures served as blueprints, marking the changes that had to be introduced on the way from the initial idea to its realization. (shrink)

This book examines the institutional development of Chinese sociology from the 1890s to the present. It plots the discipline’s twisting path in the Chinese context, from early Western influences; through the institutionalization of the discipline in the 1930s-40s; its problematic relationship with socialism and interruptions under Marxist orthodoxy and the Cultural Revolution; its revival during the 1980s-90s; to the twin trends of globalization and indigenization in current Chinese sociological scholarship. Chen argues that in spite of the state-building agenda and persistent (...) efforts to indigenize the discipline, the Western model remains pervasively influential, due in large part to the influence of American missionaries, foundations and scholars in the formation and transformation of the Chinese sociological tradition. The history of Chinese sociology is shown to be a contingent process in which globally circulated knowledge, above all the American sociological tradition, has been adapted to the changing contexts of China. This engaging work contributes an important country study to the history of sociology and will appeal to scholars of Chinese history and disciplinary historiography, in addition to social scientists. (shrink)

It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this version (...) of Scanlonian contractualism to bear on the question of whether the death penalty, life imprisonment, long sentences, or shorter sentences can be justified, given that there is a non-negligible rate of erroneous conviction. Contractualism holds that a permissible act must be justifiable to everyone affected by it. Yet, given the non-negligible rate of erroneous conviction, it is unjustifiable to mete out the death penalty, because such a punishment is not justifiable to innocent murder convicts. It is further argued that life imprisonment will probably not be justified (unless lowering the sentence to a long sentence will drastically increase the murder rate). However, whether this line of argument could be further extended would depend on the impact of lowering sentences on communal security. (shrink)

I offer some reasons for the theory that, compared with human beings, non-human animals have some but lesser intrinsic value. On the basis of this theory, I first argue that we do not know how to compare an animal's claim to be free from a more serious type of harm, and a human's claim to be free from some lesser type of harm. For we need to take account of these parties' intrinsic value, and their competing types of claim. Yet, (...) there exists no known way for making such comparison, when a human's intrinsic value is higher than that of an animal, whereas the type of claim an animal has is morally weightier than the type of claim a human has. Second, I explain why utilitarianism is unhelpful in making such comparison. Third, in the case where some animals can be sacrificed for saving a larger number of humans, it is crucial to ask whether animals have the right to life, and I argue that this question is more perplexing than we might think. My conclusion is that the various difficulties mentioned above have a deeper source than we have so far acknowledged, and that this reflects that the moral reality is less tidy and more complex than many theories portray. (shrink)

It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5% of all convictions in capital rape-murder cases in the U.S. in the 1980s were erro...

In lieu of an abstract, here is a brief excerpt of the content:Decision-Making as a Broader ConceptJacinta O. A. Tan (bio), Anne Stewart (bio), and Tony Hope (bio)KeywordsCompetence, decision-making, capacity, anorexia nervosa, autonomy, values, identityWe thank Demian Whiting for the thoughtful critique of aspects of our paper (Tan et al. 2006a). A primary aim of our research was to provide empirical grounds on which to stimulate discussion about the nature of decision-making capacity (DMC). Whiting criticizes in particular the concept of (...) 'pathological values' that we suggested might be relevant in the assessment of DMC and in the related issue of deciding when a patient's refusal of beneficial treatment should be overridden.Whiting's central concern is with DMC. Whiting argues that the absence of pathological values should not be a criterion for DMC. We are unclear whether he is also arguing that pathological values do not provide a reason of any kind for overriding treatment refusal. At the end of the paper he writes: "we cannot justify compulsory treatment of patients who have pathological values... on the grounds that these patients lack DMC" (2009, XX). This seems to leave open the possibility that we may be able to justify compulsory treatment of patients who have pathological values on grounds other than that they lack DMC. As we wrote in our response to the discussants of our original paper, "The primary issue for us is whether the reasons for refusal to which we draw attention provide grounds for overriding refusal, and if they do how they can be characterized in such a way as to avoid the ever-present danger of simply overriding autonomy in a patient's best interests" (Tan et al. 2006b, 300).In deciding on whether to use compulsory treatment, there are other relevant factors that may need to be considered, such as the seriousness of the decision, which determines the threshold for competence. However, in this response we consider three issues. First, we argue that the current concept of DMC is by no means so clear cut or generally agreed upon as Whiting implies, and that some of the lack of clarity relates to pathological values. Second, that the concept of DMC is itself dependent on accounts of autonomy, and that it is plausible that pathological values can affect autonomy. Third, we directly consider the question of whether a coherent account of pathological values might be given based on a concept of authenticity.The Current Criteria for DMCWhiting argues that the current criteria for DMC are correct and that an additional criterion along the lines of absence of pathological values should not be added. This argument assumes that there is a clear and agreed understanding of the current criteria. We believe this is not the case for three reasons.(i) Whiting begins his account of DMC by saying that it is normally taken to include: "(1) [End Page 345] understanding (and appreciation)" (2009, 341). Already there is an area of dispute, and the use of parentheses reflects this. The concept of 'appreciation' was developed by Grisso and Applebaum (Grisso, Appelbaum, and Hill-Fotouhi 1997). It is not included in either English common law development, for example (ReC), nor in the criteria specified in the Mental Capacity Act 2005. More important, Grisso and Appelbaum in their comment on our original paper (2006) argue that our work advances thinking about 'appreciation' rather than requiring that we add new elements. The implication is that they believe that what we have called pathological values are relevant to the assessment of capacity and are already included in an account of capacity that incorporates the criterion of 'appreciation.' In our response, we argued that pathological values are not entirely captured within the account of appreciation that Grisso and Appelbaum had previously given. We do not want to revisit that issue here, but the point of relevance is that on one view (that of Grisso and Appelbaum) pathological values are already included in the current criteria for DMC as part of the concept of appreciation, whereas on Whiting's view they are not.(ii) Even if there were agreement over the wording and concepts relevant to DMC there is a further important issue: how are those concepts... (shrink)