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Full-Text Articles in Ethics and Political Philosophy

The Harm Principle, Legal Moralism, And The "Disintegration Thesis": On Lord Devlin Being Unable To Keep Playing The Smuggling Game, Miguel Nogueira De Brito Mar 2017

The Harm Principle, Legal Moralism, And The "Disintegration Thesis": On Lord Devlin Being Unable To Keep Playing The Smuggling Game, Miguel Nogueira De Brito

San Diego Law Review

The topic of the legal enforcement of morals, understood as the “question of the legitimacy of ‘vice crimes’ or ‘victimless crimes,’” is a special facet of the more general issue of the limits of the law. It is the subject of the long-standing debate as to whether law—all law—can be used as a support for moral conceptions as such, or, more generally, whether there are limits on the use of law to enforce morality, as when it is claimed that the law must remain neutral as between different views of the good, be they religious or otherwise. Whether understood in …


The Porn Myth: Exposing The Myth Behind The Fantasy Of Pornography By Matt Fradd, Donald L. Hilton Jr. Mar 2017

The Porn Myth: Exposing The Myth Behind The Fantasy Of Pornography By Matt Fradd, Donald L. Hilton Jr.

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Unparadoxical Liberalism, Andrew Koppelman Mar 2017

Unparadoxical Liberalism, Andrew Koppelman

San Diego Law Review

Larry Alexander argues that liberalism is internally incoherent because it contains a paradox: it is committed to toleration, but if it tolerates illiberal ideas and practices it betrays itself. The paradox does not exist. Liberalism aims to tolerate as much diversity as it can consistent with the preservation of the liberal project. It has distinctive reasons to tolerate illiberal ideas, since it aims to be adopted by the citizenry consciously and with a full understanding of the alternatives. How much diversity can, in practice, be tolerated is a contingent question dependent on the facts of any particular time and place. …


Dignity, Rights, And The Role Of Consent In German Criminal Law, Kapsaski Ifigeneia Mar 2017

Dignity, Rights, And The Role Of Consent In German Criminal Law, Kapsaski Ifigeneia

San Diego Law Review

This Article addresses the issue of protecting human dignity as a ground and a threshold for criminalization. Human dignity can be either a limit to the scope of criminal law or a reason that justifies criminalization. This inquiry will be conducted through the referral to two German cases regarding consensual conduct. The first concerns consensual maiming and killing of a person and the second concerns consensual incest between two adult siblings. This Article does not further examine questions on the ontology of consent; neither does it examine questions regarding validity of consent as rational and voluntary. The issue discussed here …


Legal Moralism Revisited, Michael S. Moore Mar 2017

Legal Moralism Revisited, Michael S. Moore

San Diego Law Review

I shall use this occasion mostly to clarify what the legal moralist theory of criminal legislation proclaims to be the proper limits on the reach of criminalization of behavior. But preliminarily, here in this Introduction, I want to remind readers of how the principle is motivated. First, recall what a principle of criminal legislation is. It consists of two closely related items. First of all, it is a principle that sets forth the proper aims of a legislature when that legislature drafts the prohibitions and requirements that constitute the “special part” of the substantive criminal law. It is, second, a …


Ethical Reform In Bangladesh’S Ready Made Garment Industry: Building On The Alliance And The Accord, Serena Newhall Feb 2017

Ethical Reform In Bangladesh’S Ready Made Garment Industry: Building On The Alliance And The Accord, Serena Newhall

Siegel Institute Ethics Research Scholars

The Bangladeshi garment production industry was examined in terms of current building structure and fire safety mechanisms in place, and the opportunity to build upon those standards in order to strategically address growing market demands for ethically produced garments within the ready-made garment (RMG) industry. In determining whether Bangladesh’s RMG industry could pay above the country’s low minimum wage, and still remain competitive, a linear regression model was used to better understand and quantify the price sensitivity of the country’s RMG export products.


Historical Analysis: Textile And Apparel Trade, Zachary Harris Feb 2017

Historical Analysis: Textile And Apparel Trade, Zachary Harris

Siegel Institute Ethics Research Scholars

This paper is an analysis of published articles that discuss the history of the Multi-Fiber Arrangement (MFA) to the Post-Agreement on Textile and Clothing (ATC) as well as evaluates the different dynamics and relationships formed by these agreements. The articles primarily focus on different aspects of the agreements and specific countries affected. Throughout all of the articles, industrialized countries and developed countries are interchangeable. A few articles, for example Growing Protectionism (1985), use the term Multi-Fibre Agreement (MFA), which ­­is the same as Multi-Fiber Arrangement. The term European Union (EU) and European Community (EC) are also interchangeable. This paper examines …


The Evil Of Banality: On The Life And Death Importance Of Thinking By Elizabeth Minnich, Kathleen Barry Feb 2017

The Evil Of Banality: On The Life And Death Importance Of Thinking By Elizabeth Minnich, Kathleen Barry

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Jobs For Justice(S): Corruption In The Supreme Court Of India, Madhav S. Aney, Shubhankar Dam, Giovanni Ko Feb 2017

Jobs For Justice(S): Corruption In The Supreme Court Of India, Madhav S. Aney, Shubhankar Dam, Giovanni Ko

Research Collection School Of Economics

We investigate whether judicial decisions are affected by career concerns of judges byanalysing two questions: Do judges respond to pandering incentives by ruling in favourof the government in the hope of receiving jobs after retiring from the Court? Does thegovernment actually reward judges who ruled in its favour with prestigious jobs? To answerthese questions we construct a dataset of all Supreme Court of India cases involving thegovernment from 1999 till 2014, with an indicator for whether the decision was in its favouror not. We find that pandering incentives have a causal effect on judicial decision-making.The exposure of a judge to …


Decidedly Uncertain, Sophia I. Varosy Feb 2017

Decidedly Uncertain, Sophia I. Varosy

Dissertations, Theses, and Capstone Projects

My capstone project is meant to reflect the ideas I’ve been exposed to and the ways in which they have, as a consequence, influenced my life; the ways, I suppose, I can apply them. Over the course, or courses (literally), of my time spent at The CUNY Graduate Center, I felt (mostly) enthusiastic about the ideas and philosophies I was growing to at-least-marginally understand. However, as time passed I became increasingly more unsettled about my position as an “academic.” In other words, I found that I was moved and motivated to increase my understanding of things, but never did I …


A Normative Account Of Political Representation, Kenneth R. Courtney Feb 2017

A Normative Account Of Political Representation, Kenneth R. Courtney

Dissertations, Theses, and Capstone Projects

The phrase “political obligation” has rarely suggested for theorists what it might for the person in the street, namely, the kinds and magnitudes of obligations held by our political representatives, as opposed to obligations held by citizens. In a related way, despite the existence of widespread expectations of political representatives, a theoretical account of these expectations and their normative import are subjects that have received surprisingly little attention. In what follows I develop an account of obligations and duties specifically belonging to political representatives. I argue that the relevant obligations derive in the first instance not from particular political or …


Thresholds Of Atrocity: Liberal Violence And The Politics Of Moral Vision, Kristofer J. Petersen-Overton Feb 2017

Thresholds Of Atrocity: Liberal Violence And The Politics Of Moral Vision, Kristofer J. Petersen-Overton

Dissertations, Theses, and Capstone Projects

All political communities set normative limits to the acceptable use of force. A threshold of atrocity indicates the point at which acceptable violence meets the boundaries of the unacceptable. In liberal democratic states such norms are ostensibly set higher. Hence, there is a theoretical threshold to the modern state’s ability to act in ways that violate norms it claims to uphold. Paradoxically, thresholds of atrocity are almost never breached and unconscionable violence occurs regularly. This study seeks to explain the persistence of extreme violence by developing a theory of atrocity grounded in moral vision. Liberal democratic nation-states are able to …


Moral Practice In Late Stoicism And Buddhist Meditation, Michael Goerger Jan 2017

Moral Practice In Late Stoicism And Buddhist Meditation, Michael Goerger

Comparative Philosophy

I argue in this essay that Stoic philosophers in the late Greco-Roman period utilized philosophical exercises and spiritual technologies similar in form to a meditative exercise currently practiced in Buddhism. I begin with an in-depth discussion of moral development in the late Stoa, focusing particularly on their theories of cosmopolitanism and oikeiōsis. These theoretical commitments, I argue, necessitated the adoption of exercises and practices designed to guide practitioners toward the goal of universal moral concern. Using insights gained from Buddhist practice, I identify passages in Stoic texts that call for and prescribe moral exercise. While much work in comparative philosophy …


Editor's Words, Bo Mou Jan 2017

Editor's Words, Bo Mou

Comparative Philosophy

No abstract provided.


Vol 8 No 1 Contents Page Jan 2017

Vol 8 No 1 Contents Page

Comparative Philosophy

No abstract provided.


Vol 8 No 1 Information Page Jan 2017

Vol 8 No 1 Information Page

Comparative Philosophy

No abstract provided.


Vol 8 No 1 Cover Page Jan 2017

Vol 8 No 1 Cover Page

Comparative Philosophy

No abstract provided.


Critical Theory And Global Development, David Ingram Jan 2017

Critical Theory And Global Development, David Ingram

Philosophy: Faculty Publications and Other Works

This chapter explores recent research by critical theorists concerning theories of (under)development. Drawing from the research of Thomas McCarthy, Axel Honneth, Jurgen Habermas, Amy Allen, Nancy Fraser, and others, the author explores some of the divergent responses critical theorists have given toward the theory and practice of global developmental assistance. Some theorists defending a strong modernist approach to development (e.g., McCarthy, Habermas and Honneth) appear to endorse a logic of development that works within a domesticated model of capitalist markets and lending practices; others (Allen and Fraser) reject this approach. The chapter raises questions about how development that fits within …


2017 Mlk Keynote Emory Douglas Program, Center For Social Equity & Inclusion, Emory Douglas Jan 2017

2017 Mlk Keynote Emory Douglas Program, Center For Social Equity & Inclusion, Emory Douglas

Martin Luther King, Jr. Series

Program for the 2017 MLK Keynote Address: Emory Douglas. An artist, educator and human rights activist, Emory Douglas served as the Minister of Culture for the Black Panther Party from 1967-80. Best known for his political drawings and cartoons in the Black Panther Newspaper, he articulated the injustices experienced by African Americans living in the inner city, the growing militancy and organization among urban black youth in the face of police violence and the need for community-based social programs. 2017 MLK Keynote, Emory Douglas discusses the process, meaning and impact of his artwork then and now.


2017 Mlk Keynote Emory Douglas Educational Foldout, Center For Social Equity & Inclusion, Emory Douglas Jan 2017

2017 Mlk Keynote Emory Douglas Educational Foldout, Center For Social Equity & Inclusion, Emory Douglas

Martin Luther King, Jr. Series

Educational foldout for the 2017 MLK Keynote Address: Emory Douglas. An artist, educator and human rights activist, Emory Douglas served as the Minister of Culture for the Black Panther Party from 1967-80. Best known for his political drawings and cartoons in the Black Panther Newspaper, he articulated the injustices experienced by African Americans living in the inner city, the growing militancy and organization among urban black youth in the face of police violence and the need for community-based social programs. 2017 MLK Keynote, Emory Douglas discusses the process, meaning and impact of his artwork then and now.


2017 Mlk Keynote Emory Douglas Educational Foldout, Center For Social Equity & Inclusion, Emory Douglas Jan 2017

2017 Mlk Keynote Emory Douglas Educational Foldout, Center For Social Equity & Inclusion, Emory Douglas

Martin Luther King, Jr. Series

Educational foldout for the 2017 MLK Keynote Address: Emory Douglas. An artist, educator and human rights activist, Emory Douglas served as the Minister of Culture for the Black Panther Party from 1967-80. Best known for his political drawings and cartoons in the Black Panther Newspaper, he articulated the injustices experienced by African Americans living in the inner city, the growing militancy and organization among urban black youth in the face of police violence and the need for community-based social programs. 2017 MLK Keynote, Emory Douglas discusses the process, meaning and impact of his artwork then and now.


2017 Mlk Keynote Emory Douglas Program, Center For Social Equity & Inclusion, Emory Douglas Jan 2017

2017 Mlk Keynote Emory Douglas Program, Center For Social Equity & Inclusion, Emory Douglas

Martin Luther King, Jr. Series

Program for the 2017 MLK Keynote Address: Emory Douglas. An artist, educator and human rights activist, Emory Douglas served as the Minister of Culture for the Black Panther Party from 1967-80. Best known for his political drawings and cartoons in the Black Panther Newspaper, he articulated the injustices experienced by African Americans living in the inner city, the growing militancy and organization among urban black youth in the face of police violence and the need for community-based social programs. 2017 MLK Keynote, Emory Douglas discusses the process, meaning and impact of his artwork then and now.


Problem-Based Learning In Engineering Ethics Courses, Robert Kirkman Jan 2017

Problem-Based Learning In Engineering Ethics Courses, Robert Kirkman

Interdisciplinary Journal of Problem-Based Learning

I describe the first stages of a process of design research in which I employ problem-based learning in a course in engineering ethics, which fulfills a requirement for students in engineering degree programs. The aim of the course is to foster development of particular cognitive skills contributing to moral imagination, a capacity to notice, respond to, and think about basic values in open-ended problem situations. In the course, groups of students develop their own problem situations based on their experience and expertise in engineering practice, then respond to those situations through a guided process of inquiry and problem solving designed …


Human-Nonhuman Chimeras, Ontology, And Dignity: A Constructivist Approach To The Ethics Of Conducting Research On Cross-Species Hybrids, Jonathan M. Vajda Jan 2017

Human-Nonhuman Chimeras, Ontology, And Dignity: A Constructivist Approach To The Ethics Of Conducting Research On Cross-Species Hybrids, Jonathan M. Vajda

The Hilltop Review

Developments in biological technology in the last few decades highlight the surprising and ever-expanding practical benefits of stem cells. With this progress, the possibility of combining human and nonhuman organisms is a reality, with ethical boundaries that are not readily obvious. These inter-species hybrids are of a larger class of biological entities called “chimeras.” As the concept of a human-nonhuman creature is conjured in our minds, either incredulous wonder or grotesque horror is likely to follow. This paper seeks to mitigate those worries and demotivate reasonable concerns raised against chimera research, all the while pressing current ethical positions toward their …


Singer, Wittgenstein, And Morally Motivating Examples, Ramona Ilea Jan 2017

Singer, Wittgenstein, And Morally Motivating Examples, Ramona Ilea

Between the Species

Peter Singer’s Animal Liberation played a pivotal role in the animal rights movement and the foundation of modern animal ethics. Using an analysis inspired by Wittgenstein’s remarks on ethics, I will analyze the way in which Singer’s book is structured in order to understand why it succeeds in providing people with the moral motivation to change the way they live. I will argue that the success of Animal Liberation is in large part due to the detailed, carefully chosen, emotionally rich examples and the unusual way in which these examples are juxtaposed, structured, and presented. Understanding how examples can have …


The Necessity Of Moral Reasoning, Leland F. Saunders Jan 2017

The Necessity Of Moral Reasoning, Leland F. Saunders

SPU Works

A new variety of empirical skeptical moral arguments have been put forward in recent years, drawing on data from neuroscience, social and behavioral psychology, and economics, which strongly suggest that emotions play a central causal role in moral judgment, and that reasoning has at most a limited supplementary causal role in small portion of moral judgments. It follows from these empirical finding, it is argued, that moral judgments and morality more generally cannot be grounded in reason in the right sort of way to be rational. I argue that there are at least three distinct ways of understanding what it …


Jess Smith And The Design Firm, Gabriel Tenaglia Jan 2017

Jess Smith And The Design Firm, Gabriel Tenaglia

Richard T. Schellhase Essay Prize in Ethics

No abstract provided.


Dissonance Between Personal Belief And Professional Values And The Challenge Of Facing Other Conflicting Ideas, Christopher Tan Jan 2017

Dissonance Between Personal Belief And Professional Values And The Challenge Of Facing Other Conflicting Ideas, Christopher Tan

Richard T. Schellhase Essay Prize in Ethics

It is the recommendation of this author that, in regards to this case, Jess Smith should complete the project despite her misgivings about the ethical nature of the band. However, Smith should ensure that both the client and manager are notified of her concerns along with the specific components of the project with which she took issue. The case of Jess Smith and the Design Firm ultimately highlights the issue regarding how to resolve dissonance between personal belief and professional values and more broadly the challenge of facing other ideas that challenge an individual’s personal convictions.


The Morality Of Same Sex Marriage: How Not To Globalize A Cultural Anomie, Chris O. Akpan Jan 2017

The Morality Of Same Sex Marriage: How Not To Globalize A Cultural Anomie, Chris O. Akpan

Journal of Health Ethics

The question of the morality of same-sex marriage has become quite prevalent in the 21st century. Some western cultures believe that same-sex marriage is morally defensible and can be legalized. Using the human right fad and political might, they subtly engineer the globalization of this phenomenon. This move has been strongly opposed mostly by ‘developing’ nations and some churches across nations. The argument of such group is that same-sex marriage is immoral, unnatural and ungodly. This paper defends the thesis that same-sex marriage cannot morally be defended successfully. It shows that same-sex marriage is not exclusively a western phenomenon …


Wanted: Positive Arguments For Markets, Jeffrey Moriarty Jan 2017

Wanted: Positive Arguments For Markets, Jeffrey Moriarty

Philosophy Faculty Publications

Many people believe that some things, like kidneys or sex, should not be for sale. Let us call these things “contested commodities.” Against this, Brennan and Jaworksi defend “markets without limits” (hereafter: MwL). According to this thesis: “If you may do it for free, you may do it for money.” Since we can give away our kidneys for free and have sex for free, we should be able to do these things for money. Brennan and Jaworksi deftly blend rigorous philosophical argument with the latest research in social science to counter some of the most prominent against commodification. But, I …