Applied Ethics Commons^™

Reconciling Discretion With The Rule Of Law: A Rawlsian Analysis Of Civil Disobedience By State Actors In Liberal-Democratic Schemes, Reid Devoge

Dissertations, Master's Theses and Master's Reports

This dissertation starts from the position that the stability of liberal-democratic political schemes relies on its citizens mutually accepting a basic conception of political justice. While these conceptions of justice may vary, most incorporate the inter-connected concepts of autonomy, liberty, liberalism, and the rule of law. Within this conception of a liberal democracy, a potentially destabilizing issue arises when a legislatively passed law is put into effect, but a portion of the citizens perceive it as unjust. If legitimate (i.e., lawful) actions do not sufficiently resolve the concern, civil disobedience (i.e., disobeying the law) is a potential recourse, but this …

Engaging Ethics In Technology And Artificial Intelligence, Elizabeth Edenberg

Open Educational Resources

This project seeks to help students apply philosophical questions about the ethics of technology and artificial intelligence to contemporary debates about AI’s impact on society and students’ own lives. It includes a set of in-class active learning exercises and reflection assignments, along with instructions for moderating class discussion of these topics. This is designed to pair with three units in a course on the ethics of technology: privacy, consent, and algorithmic fairness. Each exercise aims to help students connect the philosophical theories studied in class to their own lived experiences with technology.

“Meddling In The Work Of Another”: Πολυπραγμονεῖν In Plato’S Republic, Brennan Mcdavid

Philosophy Faculty Articles and Research

The second conjunct of the Republic’s account of justice—that justice is “not meddling in the work of another”—has been neglected in Plato literature. This paper argues that the conjunct does more work than merely reiterating the content of the first conjunct—that justice is “doing one’s own work.” I argue that Socrates develops the concept at work in this conjunct from its introduction with the Principle of Specialization in Book II to its final deployment in the finished conception of justice in Book IV. Crucial to that concept’s development is the way in which the notion of “another” comes to …

Righting Health Policy: Bioethics, Political Philosophy, And The Normative Justification Of Health Law And Policy, D. Robert Macdougall

Publications and Research

In Righting Health Policy, D. Robert MacDougall argues that bioethics needs but does not have adequate tools for justifying law and policy. Bioethics’ tools are mostly theories about what we owe each other. But justifying laws and policies requires more; at a minimum, it requires tools for explaining the legitimacy of actions intended to control or influence others. It consequently requires political, rather than moral, philosophy. After showing how bioethicists have consistently failed to use tools suitable for achieving their political aims, MacDougall develops an interpretation of Kant’s political philosophy. On this account the legitimacy of health laws does …

On Human Rights And Structural Justice, Robert Howard

Graduate Theses and Dissertations

The rights literature is full of accounts of rights, and each captures important aspects of the nature and function of rights. But none of the leading theories offers a comprehensive account of the nature and function of rights that both stands up under the pressure of counterexamples and can buck accusations of internal inconsistency.

In this paper I embrace much of Nicholas Wolterstorff's work on justice and the relation of human rights to worth, and I propose changes to his account in order to strengthen it. I evoke the works of Johan Galtung, Richard Rubenstein, and Elizabeth Anderson in order …

Another Case For Posthuman Dignity, Amy Azwell

Merge

No abstract provided.

Dentistry And The Principle Of Justice: How Ethics Informs Oral Health Policy, Michael G. Maihofer Dds

Journal of the American College of Dentists

The article defines the dental professional’s ethical principle of Justice and discusses the obligations that come with adherence to this principle with an emphasis on that portion of the ADA Code’s definition which states “that the dental profession should actively seek allies throughout society on specific activities that will help improve access to care for all.

It examines this principle to better understand its relevance and importance to both clinical practice, dental education and emerging oral health policy. Also discussed is how dentistry’s ethical code intersects the realm of social justice making a persuasive argument for adopting strong policies on …

The Urgency Of Ethics In Political Leadership, President Vicente Fox

The International Journal of Ethical Leadership

No abstract provided.

Mirror, Mirror, On The Wall—Biased Impartiality, Appearances, And The Need For Recusal Reform, Zygmont A. Pines

Dickinson Law Review (2017-Present)

The article focuses on a troubling aspect of contemporary judicial morality.

Impartiality—and the appearance of impartiality—are the foundation of judicial decision-making, judicial morality, and the public’s trust in the rule of law. Recusal, in which a jurist voluntarily removes himself or herself from participating in a case, is a process that attempts to preserve and promote the substance and the appearance of judicial impartiality. Nevertheless, the traditional common law recusal process, prevalent in many of our state court systems, manifestly subverts basic legal and ethical norms.

Today’s recusal practice—whether rooted in unintentional hypocrisy, wishful thinking, or a pathological cognitive dissonance— …

Implementation Considerations For Mitigating Bias In Supervised Machine Learning, Bardia Bijani Aval

CSB and SJU Distinguished Thesis

Machine Learning (ML) is an important component of computer science and a mainstream way of making sense of large amounts of data. Although the technology is establishing new possibilities in different fields, there are also problems to consider, one of which is bias. Due to the inductive reasoning of ML algorithms in creating mathematical models, the predictions and trends found by the models will never necessarily be true – just more or less probable. Knowing this, it is unreasonable for us to expect the applied deductive reasoning of these models to ever be fully unbiased. Therefore, it is important that …

Moral Principles For Establishing Rules Of Fair Governance, Uktam Shakarov

The Light of Islam

The article discusses the role of ethical principles in the creation of management regulations. It states that governance based on established ethical values can serve as a legal basis for resolving various conflicts and disputes that may arise in society and is an important tool for ensuring good governance.

Firing Queer Teachers From Catholic Schools: Ethical And Theological Considerations, Ish Ruiz

Biennial Conference: The Social Practice of Human Rights

Since 2007, there have been over 90 cases of queer employees fired from Catholic institutions – many of which include dismissals of queer educators from Catholic schools. As religious institutions, Catholic schools are constitutionally protected by a ministerial exception that offers legal immunity to Catholic educational institutions that fire queer employees (which are sometimes considered “ministers” by the courts). The ministerial exception is an extension of the institution’s right to religious freedom to promote its doctrine though its schools. Although this right to discriminate is legally protected, from a moral standpoint, one may argue that the exercise of one human …

Intervention Principles In Pediatric Health Care: The Difference Between Physicians And The State., D. Robert Macdougall

Publications and Research

According to various accounts, intervention in pediatric decisions is justified either by the best interests standard or by the harm principle. While these principles have various nuances that distinguish them from each other, they are similar in the sense that both focus primarily on the features of parental decisions that justify intervention, rather than on the competency or authority of the parties that intervene. Accounts of these principles effectively suggest that intervention in pediatric decision making is warranted for both physicians and the state under precisely the same circumstances. This essay argues that there are substantial differences in the competencies …

The Impact Of The Concepts Of 'Common Good', 'Justice' And 'Diversity' In The Natural Law Of Our Time, Gines Marco

Journal of Vincentian Social Action

In this article we have projected three central objectives: first, to delimit the scope and limits of the recognition granted by the Aristotelian-Thomist tradition to the centrality of the common political good in life and in the fullness of the human being; Secondly, to specify the nature of the present difficulties that has the same possibility of the common reaches, by virtue of the valuation of the diversity projected by the liberal tradition inherited from Modernity; Thirdly, to analyze the impact that the dichotomy common good/diversity has had and continues to have on the way in which intra-organizational conflicts and …

Some Ethical Issues In Treating And Caring For People With Dementia, Robert Scott Stewart Ba, Ma, Ph.D.

Journal of Health Ethics

This paper explores several issues regarding the treatment and care for patients suffering from dementia, including a discussion of the relatively low time and money spent on dementia research compared to research on cancer and cardio-vascular disease. It will also discuss the special relationship between the person suffering from dementia and their carer, who is often a loved one. The paper employs principlism and so examines these issues from a consideration of autonomy, non-maleficence, beneficence, and justice.

The Confucian Puzzle: Justice And Care In Aquinas, Audra Goodnight

Comparative Philosophy

Ethical theories of justice and care are often presented in opposition to each other. Eleonore Stump argues that Aquinas’s moral theory has the resources to bring justice and care together. There is, however, a potential worry for her view raised by the ‘Confucian Puzzle’. The puzzle poses a moral dilemma between care and justice that serves as a test case for Stump’s picture. In this paper, I provide a brief overview of the justice and care debate along with the subsequent challenges that both positions face in order to situate Aquinas’s position as Stump defends it. Next, I present the …

Justice In Compensation: A Defense, Jeffrey Moriarty

Philosophy Faculty Publications

Business ethicists have written much about ethical issues in employment. Except for a handful of articles on the very high pay of chief executive officers and the very low pay of workers in overseas sweatshops, however, little has been written about the ethics of compensation. This is prima facie strange. Workers care about their pay, and they think about it in normative terms. This article's purpose is to consider whether business ethicists' neglect of the normative aspects of compensation is justified. I examine several possible justifications for neglecting compensation and show that they fail. What remains is a case for …

Does Distributive Justice Pay? Sternberg’S Compensation Ethics, Jeffrey Moriarty

Philosophy Faculty Publications

Compensation has received a great deal of attention from social scientists. Characteristically, they have been concerned with the causes and effects of various compensation schemes. By contrast, few theorists have addressed the normative aspects of compensation. An exception is Elaine Sternberg, who offers in Just Business a comprehensive theory of compensation ethics. This paper critically examines her theory, and argues that the justification she gives for it fails. Its failure is instructive, however. The main argument Sternberg gives for her theory points in the direction of a different one. This, in turns, helps us to see what a justification of …

How Much Compensation Can Ceos Permissibly Accept?, Jeffrey Moriarty

Philosophy Faculty Publications

Debates about the ethics of executive compensation are dominated by familiar themes. Many writers consider whether the amount of pay CEOs receive is too large – relative to firm performance, foreign CEO pay, or employee pay. Many others consider whether the process by which CEOs are paid is compromised by weak or self-serving boards of directors. This paper examines the issue from a new perspective. I focus on the duties executives themselves have with respect to their own compensation. I argue that CEOs’ fiduciary duties place a moral limit on how much compensation they can accept, and hence seek in …

Deserving Jobs, Deserving Wages, Jeffrey Moriarty

Philosophy Faculty Publications

This chapter applies recent work on desert to two sets of issues in business ethics. The first set of issues concerns who ought to be hired, fired, promoted, and demoted. Call these issues of “job justice.” The second set of issues concerns how much workers, including managers, ought to be paid. Call these issues of “wage justice.” I focus on job and wage justice because considerations of desert play an important, though sometimes tacit, role in discussions of these issues.

Ross On Desert And Punishment, Jeffrey Moriarty

Philosophy Faculty Publications

W. D. Ross thinks it is good, other things equal, that people get what they deserve. But he denies that “the principle of punishing the vicious, for the sake of doing so, is that on which the state should proceed in its bestowal of punishments.” Ross offers two main arguments for this denial: what I call the “scope argument” and the “state's purpose argument.” I argue that both fail. In doing so, I illuminate Ross's distinctive views about desert and the state.

Ahistoricism And Oppresssion, Kenton Machina

Faculty Publications - Philosophy

Many theories of moral accountability, whether libertarian or compatibilist, may be characterized as time-slice theories in that they do not allow the agent’s personal history to be relevant to moral accountability, instead making accountability rest solely on the state of things during one slice out of the agent’s life story. The point of this paper is to draw attention to the personal background irrelevance embedded in such theories, and to argue that any theory of accountability embracing such irrelevance supports injustice. My argument rests on an analysis of some generally accepted epistemic conditions on accountability, claiming that whether these conditions …

The Epistemological Argument Against Desert, Jeffrey Moriarty

Philosophy Faculty Publications

Most contemporary political philosophers deny that justice requires giving people what they deserve. According to a familiar anti-desert argument, the influence of genes and environment on people's actions and traits undermines all desert-claims. According to a less familiar – but more plausible – argument, the influence of genes and environment on people's actions and traits undermines some desert-claims (or all desert-claims to an extent). But, it says, we do not know which ones (or to what extent). This article examines this ‘epistemological’ argument against desert. It gives reason to believe that it fails, emphasizing the importance of justice relative to …

On The Relevance Of Political Philosophy To Business Ethics, Jeffrey Moriarty

Philosophy Faculty Publications

The central problems of political philosophy (e.g., legitimate authority, distributive justice) mirror the central problems of business ethics. The question naturally arises: should political theories be applied to problems in business ethics? If a version of egalitarianism is the correct theory of justice for states, for example, does it follow that it is the correct theory of justice for businesses? If states should be democratically governed by their citizens, should businesses be democratically managed by their employees? Most theorists who have considered these questions, including John Rawls in Political Liberalism, and Robert Phillips and Joshua Margolis in a 1999 article, …

Do Ceos Get Paid Too Much?, Jeffrey Moriarty

Philosophy Faculty Publications

In 2003, CEOs of the 365 largest U.S. corporations were paid on average $8 million, 301 times as much as factory workers. This paper asks whether CEOs get paid too much. Appealing to widely recognized moral values, I distinguish three views of justice in wages: the agreement view, the desert view, and the utility view. I argue that, no matter which view is correct, CEOs get paid too much. I conclude by offering two ways CEO pay might be reduced.