Ethics and Political Philosophy Commons^™

The Principle Of Fairness And States’ Duty To Obey International Law, David Lefkowitz

Philosophy Faculty Publications

Philosophers and political theorists have developed a number of different justifications for the duty to obey domestic law. The possibility of using one (or more) of these justifications to demonstrate that states have a duty to obey international law seems a natural starting point for an analysis of international political obligation. Amongst the accounts of the duty to obey domestic law, one that appears to have a great deal of intuitive appeal, and that has attracted a significant number of philosophical defenders, is the principle of fairness (or fair play). In this paper, I examine the possibility of using the …

Jean Hampton’S Theory Of Punishment: A Critical Appreciation, Richard Dagger

Political Science Faculty Publications

Jean Hampton’s work first came to my attention in 1984, when the summer issue of Philosophy & Public Affairs appeared in my mailbox. Hampton’s essay in that issue, “The Moral Education Theory of Punishment,” did not persuade me—or many others, I suspect—that “punishment should not be justified as a deserved evil, but rather as an attempt, by someone who cares, to improve a wayward person” (Hampton 1984, 237). The essay did persuade me, though, that moral education is a plausible aim of punishment, even if it is not the “full and complete justification” Hampton claimed it to be (Hampton 1984, …

Republicanism, Richard Dagger

Political Science Faculty Publications

Republicanism is an ancient tradition of political thought that has enjoyed a remarkable revival in recent years. As with liberalism, conservatism, and other enduring political traditions, there is considerable disagreement as to exactly what republicanism is and who counts as a republican, whether in the ancient world or contemporary times. Scholars agree, however, that republicanism rests on the conviction that government is not the domain of some ruler or small set of rulers, but is instead a public matter - the res publica - to be directed by self-governing citizens.

Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger

Political Science Faculty Publications

In recent years, the counterintuitive claim that criminals consent to their own punishment has been revived by philosophers who attempt to ground the justification of punishment in some version of the social contract. In this paper, I examine three such attempts—“contractarian” essays by Christopher Morris and Claire Finkelstein and an essay by Corey Brettschneider from the rival “contractualist” camp—and I find all three unconvincing. Each attempt is plausible, I argue, but its plausibility derives not from the appeal to a social contract but from considerations of fair play. Rather than look to the social contract for a justification of punishment, …

Republicanism And The Foundations Of Criminal Law, Richard Dagger

Political Science Faculty Publications

This chapter makes a case for the republican tradition in political philosophy as a theory that can provide a rational reconstruction of criminal law. It argues that republicanism offers a reconstruction of criminal law that is both rational and plausible. In particular, it shows that republicanism can help us to make sense of three important features of criminal law: first, the conviction that crime is a public wrong; second, the general pattern of development of criminal law historically; and third, the public nature of criminal law as a cooperative enterprise. To begin, however, it explains what republicanism is and why …

On A Duty Of Humanitarian Intervention, David Lefkowitz

Philosophy Faculty Publications

Perhaps the most discussed topic amongst just war theorists during the 1990s was the moral (and legal) justifiability of armed humanitarian interventions. Not surprisingly, that changed after the 9/11 terrorists attacks and the invasions of Afghanistan and Iraq, with topics such as the morality of terrorism, torture, and preventive war receiving the lion's share of attention. Nevertheless, for reasons both good, such as the International Commission on Intervention and State Sovereignty's endorsement of a limited duty of intervention in its report, The Responsibility to Protect, and bad, such as the conflict in Darfur, the morality of humanitarian intervention remains …

Leadership Ethics, Joanne B. Ciulla, Donelson R. Forsyth

Jepson School of Leadership Studies articles, book chapters and other publications

A CEO bankrupts the company he is supposed to be leading. A retiree donates thousands of hours to her community. A company's leadership decides not to relocate a factory overseas, for the sake of the residents of an economically challenged town. A president of a club on a college campus encourages members to cheat on their examinations so that the group's members can earn academic honors. An elected public official arranges a tryst with a lover and abandons his duties for days on end.

These behaviors raise questions about motivation, rationality, and intent, but with a difference; these actions cannot …

On The Scope Of A Professional’S Right Of Conscience, David Lefkowitz

Philosophy Faculty Publications

Under what conditions, if any, do medical professionals enjoy a right of conscience? That is, when must a just state accommodate a physician’s, pharmacist’s, or other medical professional’s refusal to provide legally and professionally sanctioned services to which she morally objects; for example, by enacting laws that enable her to do so without fear of losing her job or her professional privileges? Recent assertions by several pharmacists of a right to conscientiously refuse to fill prescriptions for the so-called morning-after pill, and by a California fertility doctor of a right to conscientiously refuse to provide fertility treatment to a lesbian, …

Legitimate Authority, Following Orders, And Wars Of Questionable Justice, David Lefkowitz

Philosophy Faculty Publications

In this article, the author discusses philosophy teacher David Estlund's belief that subjects of a state with a morally justified claim to political authority have a duty to obey its legal commands to wage a particular war, even if they believe that the state has made a mistake in its reasons for waging the war. The author argues that Estlund's theory also allows for individuals to assess the justice of the wars they fight. He also argues that Estlund's view also holds that individual combatants should not be held accountable for any injustice of a war that the state believes …

Virtue, Richard Dagger

Political Science Faculty Publications

In political theory, the word virtue usually refers to the disposition or character traits appropriate to a citizen. Someone who takes the responsibilities of citizenship seriously, to the point of putting the common good ahead of his or her personal interests, is thus said to display civic virtue. Political theorists have frequently warned that such virtue cannot be taken for granted, however, and many of them have urged that steps be taken to promote or foster civic virtue. This concern for the fragility of civic virtue is a clear theme in ancient (or classical) political thought, but it has …

Moral Markets: The Critical Role Of Values In The Economy By Paul J. Zak (Book Review), Jonathan B. Wight

Economics Faculty Publications

This volume contains the fruits of a two-year seminar on ethics and economics funded by the John Templeton Foundation and administered through the Gruter Institute for Law and Behavioral Research. Participants came from the social sciences, natural sciences, and humanities, and included Nobel Laureate Vernon Smith and other figures such as Frans de Waal, Herbert Gintis, Robert Frank, and Robert Solomon (for whom the book is dedicated in memoriam). The book’s editor, Paul Zak, is a pioneer in the emerging field of neuroeconomics, which uses medical technology to discover the physiological manifestations of cooperative and altruistic behavior. A theme of …

The Sources Of International Law: Some Philosophical Reflections, David Lefkowitz

Philosophy Faculty Publications

It seems only natural to begin the study of international law with a description of its sources. After all, whether as practitioner or scholar a person cannot begin to ask or answer questions about international law until he or she has some sense of what the law is. This requires in turn a basic grasp of the processes whereby international legal norms and regimes come to exist. Thus students of international law must engage immediately with some of the most basic questions in the philosophy of law: what is law, and what is a legal order or system.

These questions …

[Introduction To] Warcraft And The Fragility Of Virtue: An Essay In Aristotelian Ethics, G. Scott Davis

Bookshelf

The origins of the book make a chronicle of the unexpected. In the spring of 1985, if memory serves, I was invited by Jeffrey Stout to teach a course at Princeton focusing on war and traditions of moral reasoning. Although I had not previously explored the just war tradition, it dovetailed nicely with my interest in Aristotle and his place in contemporary moral theory.

The Constitution Of Equality: Democratic Authority And Its Limits By Thomas Christiano (Book Review), David Lefkowitz

Philosophy Faculty Publications

In this carefully argued and thought provoking new book, Thomas Christiano offers a novel defense of democracy's intrinsic value, its morally justifiable claim to authority, and the limits thereof, as well as for liberal rights. Central to Christiano's argument for each of these conclusions is the claim that in a moderately complex and pluralist society, social justice requires that people be treated publicly as equals. That is, ordinary agents must be able to see that the institutions and practices that provide the basic structure of the society in which they live treat them as equals, or what is the same, …

Partiality And Weighing Harm To Non-Combatants, David Lefkowitz

Philosophy Faculty Publications

The author contests the claim made independently by F.M. Kamm and Thomas Hurka that combatants ought to assign greater weight to collateral harm done to their compatriot noncombatants then they assign to collateral harm done to enemy non-combatants. Two arguments by analogy offered in support of such partiality, one of which appeals to permissible self/other asymmetry in cases of harming the few to save the many, and the second of which appeals to parents' justifiable partiality to their children, are found wanting. The author also rebuts Kamm's argument that combatants should assign greater weight to collateral harm done to neutrals …

Republicanism And Crime, Richard Dagger

Political Science Faculty Publications

These are but two of the difficult questions that arise when one examines the claim that crime is a public wrong. I take it, though, that their difficulty is an indication of the importance of thinking through the presuppositions and implications of this conception of crime, not a reason to abandon it. A thorough 'thinking through' is too large and complex a task for this chapter, but it is possible to make a case here for the right way to proceed with such an undertaking. That right way, in my view, is to look to the republican tradition of political …

Teaching Economics, Jonathan B. Wight

Economics Faculty Publications

Ethical considerations intersect with economics education on a number of planes. Nonetheless, in terms of curricula, only a handful of economics departments offer courses specifically focused on ethics. This chapter addresses the ways in which instructors can incorporate ethical components into teaching principles and field courses in order to broaden economic understanding and to enhance critical thinking. It examines three pedagogical issues: the artificial dichotomy between positive and normative analysis; the limiting scope of efficiency in outcomes analyses; and the incorporation of alternative ethical frameworks into public policy debates.

Governmentality, Biopower, And The Debate Over Genetic Enhancement, Ladelle Mcwhorter

Philosophy Faculty Publications

Although Foucault adamantly refused to make moral pronouncements or dictate moral principles or political programs to his readers, his work offers a number of tools and concepts that can help us develop our own ethical views and practices. One of these tools is genealogical analysis, and one of these concepts is “biopower.” Specifically, this essay seeks to demonstrate that Foucault’s concept of biopower and his genealogical method are valuable as we consider moral questions raised by genetic enhancement technologies. First, it examines contemporary debate over the development, marketing, and application of such technologies, suggesting that what passes for ethical deliberation …

On The Concept Of A Morally Relevant Harm, David Lefkowitz

Philosophy Faculty Publications

In this paper I explicate and defend the concept of a morally relevant harm. This concept figures prominently in common-sense and contractualist moral reasoning concerning cases where an agent can prevent harm to members of a large group or a small one, but not both. When the two harms to which members of these groups are exposed are morally relevant to one another, an agent is permitted (or perhaps required) to take into account the number of people he can save. When the harms are irrelevant, an agent should not even consider preventing the lesser harm, regardless of how many …

Collateral Damage, David Lefkowitz

Philosophy Faculty Publications

The phrase "collateral damage" refers to harm done to persons, animals, or things that agents are not morally permitted to target in the conduct of war, as a side effect of attacks on persons, animals, or things that agents are morally permitted to target in the conduct of war. Call the first category that is, those persons, animals, or things that agents are not morally permitted to target - illegitimate targets of war, and the second category legitimate targets of war. Collateral damage, then, refers to harm done to illegitimate targets of war as a side effect of attacks on …

The Ethical Lacunae In Friedman's Concept Of The Manager, Jonathan B. Wight, Martin Calkins

Economics Faculty Publications

This article challenges along two lines Milton Friedman's injunction that the sole role of the business manager is to maximize profits for shareholders using all legal and ethical means. First, it shows how Friedman overly narrows the manager's moral duties to consequentialist profit maximization and thereby fails to account for a wide range of values and virtues necessary for good management. Second, it illustrates how more oblique approaches to management as well as Adam Smith's virtue-based model better capture the moral imagination and relational aspects of leadership that are critical to good management today. In the end, this article suggests …

(Dis)Solving The Chronological Paradox In Customary International Law: A Hartian Approach, David Lefkowitz

Philosophy Faculty Publications

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of …

On The Foundation Of Rights To Political Self-Determination: Secession, Non-Intervention, And Democratic Governance, David Lefkowitz

Philosophy Faculty Publications

From a justificatory standpoint, perhaps the most basic question with respect to secession is what, if anything, provides the moral foundation for a group’s right to secede. My aim here is to make a start to answering this question. I do so, however, by considering a different, albeit closely related, question, namely what is the nature of the wrong done to members of a qualified group denied secession by the state that currently rules them? A compelling answer to this latter question, I suggest, will contribute significantly to a satisfactory answer of the former one.

Ethics In Experimentation, Donelson R. Forsyth

Jepson School of Leadership Studies articles, book chapters and other publications

Experimentation in the social sciences, by its very nature, requires researchers to manipulate and control key aspects of the social setting so as to determine what effect, if any, these manipulations have on the people in that setting. Such studies, although unmatched in terms of their scientific yield, nonetheless raise questions of ethics: Do researchers have the moral right to conduct experiments on their fellow human beings? What practices are unacceptable and what procedures are allowable? Can standards be established to safeguard the rights of participants?

Simmons’ Critique Of Natural Duty Approaches To The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

In his most recent book on the moral duty to obey the law, A. John Simmons considers and rejects a number of natural duty approaches to justifying political authority. Among the targets of Simmons’ criticism is the account defended by the book’s co-author, Christopher Heath Wellman. In this essay, I evaluate the force of Simmons’ objections to Wellman’s account of political obligation. As will become clear below, I think Wellman’s defense of the duty to obey the law defective in certain ways—but not in all of the ways that Simmons argues it is. By rebutting some of Simmons’ criticisms and …

A Theory Of Political Obligation: Membership, Commitment, And The Bonds Of Society By Margaret Gilbert (Book Review), David Lefkowitz

Philosophy Faculty Publications

Does membership in a political society, in and of itself, involve obligations to uphold that society’s political institutions? Margaret Gilbert offers a novel argument in defense of an affirmative answer to this question, which she labels the membership problem. Given a plausible construal of the concepts obligation, political society, and membership in a political society, Gilbert argues that it follows analytically that to be a member of a political society just is to have an obligation to uphold and support that society’s political institutions. The key to Gilbert’s argument is the idea of a joint commitment; those …

Aristotelian Privacy: Perfectionism, Pornography, And The Virtues Of The Polis, G. Scott Davis

Religious Studies Faculty Publications

In the United States privacy is a hot topic, not least because of the current administration's desire to have unbridled access to its citizens' overseas conversations. But in what follows I do not plan to deal directly with any legal or policy concerns. Instead, I am interested in the philosophical foundations,- if any there be, of privacy as something to which individuals and other groups may be entitled. Because much of the discussion of "privacy rights" has revolved around matters sexual, I shall key the discussion to individual access to sexually explicit publications and what limits, if any, moral reflection …

On A Moral Right To Civil Disobedience, David Lefkowitz

Philosophy Faculty Publications

In this essay I argue that citizens of a liberal-democratic state, one that I argue has a morally justified claim to political authority, enjoy a moral right to engage in acts of suitably constrained civil disobedience, or what I will call a moral right to public disobedience. Such a claim may well appear inconsistent with the duty usually thought to correlate to a legitimate state’s right to rule, namely, a moral duty to obey the law. If successful, however, the arguments that follow entail that the duty correlative to a liberal-democratic state’s justified claim to political authority is in fact …

[Introduction To] Teaching The Ethical Foundations Of Economics, Jonathan B. Wight, John S. Morton

Bookshelf

Teaching the Ethical Foundations of Economics contains 10 lessons that reintroduce an ethical dimension to economics in the tradition of Adam Smith, who believed ethical considerations were central to life. Utilizing these innovative instructional materials your students will learn about the important role ethics and character play in a market economy and how, in turn, markets influence ethical behavior.

The lessons do more than illustrate how ethical conduct improves an economy. They actively involve the students through simulations, group decision making, problem solving, classroom demonstrations and role playing. The lessons encourage students to think critically about ethical dilemmas.

The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational-role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to ground the duty to obey the law in individual consent or fair play; natural duty approaches; instrumental approaches; and philosophical anarchism, an approach …