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In Defense of Moral Luck: Why Luck Often Affects Praiseworthiness and Blameworthiness (Routledge Studies in Ethics and Moral Theory)
by Robert J. HartmanThe problem of moral luck is that there is a contradiction in our common sense ideas about moral responsibility. In one strand of our thinking, we believe that a person can become more blameworthy by luck. For example, two reckless drivers manage their vehicles in the same way, and one but not the other kills a pedestrian. We blame the killer driver more than the merely reckless driver, because we believe that the killer driver is more blameworthy. Nevertheless, this idea contradicts another feature of our thinking captured in this moral principle: A person’s blameworthiness cannot be affected by that which is not within her control. Thus, our ordinary thinking about moral responsibility implies that the drivers are and are not equally blameworthy. In Defense of Moral Luck aims to make progress in resolving this contradiction. Hartman defends the claim that certain kinds of luck in results, circumstance, and character can partially determine the degree of a person’s blameworthiness. He also explains why there is a puzzle in our thinking about moral responsibility in the first place if luck often affects a person’s praiseworthiness and blameworthiness. Furthermore, the book’s methodology provides a unique way to advance the moral luck debate with arguments from diverse areas in philosophy that do not bottom out in standard pro-moral luck intuitions.
In Defense of Politicization of Human Rights: The UN Special Procedures
by Elvira Domínguez-RedondoIn Defense of Politicization of Human Rights: The UN Special Procedures constitutes the first comprehensive study of the United Nations Special Procedures, covering their history, methods of work, institutional status, relationship with other politically driven organs, and processes affecting their development. Special Procedures have existed since 1967, nearly as long as United Nations Treaty Bodies, but have received only fragmented analysis, normally focused on a few thematic mandates, until the creation of the Human Rights Council in 2006. In seeking to debunk commonly held views about the role of politics in human rights at international level, In Defense of Politicization of Human Rights constitutes the first comprehensive study of the United Nations Special Procedures as a system covering their history, methods of work, institutional status, relationship with other politically driven organs, and processes affecting their development. The perspective chosen to analyze the human rights mechanisms most vulnerable to political decisions determining their creation, renewal and operationalization, casts a new light on the extent to which these remain the cornerstone of global accountability in protecting the inherent dignity and worth of individuals as well as groups. International human rights mechanisms' efficiency is normally linked to the work of independent experts keen to push the boundaries of accountability against recalcitrant States determined to defend their sovereignty. As a corollary, progress in this field is associated to the creation and maintenance of political free spaces. Another common presumption is a belief in a differentiated 'North' versus 'South' approach to the promotion and protection of human rights, that find common ground within the prevalent human rights discourses repeated by governmental and non-governmental actors. Through the lenses of the United Nations Special Procedures, In Defense of Politicization of Human Rights challenges these and other presumptions informing doctrinal studies, policies and strategies to advance international human rights. Because of the Special Procedures' growing salience and impact in the world of international human rights, this book is likely to become required reading for any student or practitioner of international human rights.
In Defense of Politicization of Human Rights: The UN Special Procedures
by Elvira Domínguez-RedondoIn Defense of Politicization of Human Rights: The UN Special Procedures constitutes the first comprehensive study of the United Nations Special Procedures, covering their history, methods of work, institutional status, relationship with other politically driven organs, and processes affecting their development. Special Procedures have existed since 1967, nearly as long as United Nations Treaty Bodies, but have received only fragmented analysis, normally focused on a few thematic mandates, until the creation of the Human Rights Council in 2006. In seeking to debunk commonly held views about the role of politics in human rights at international level, In Defense of Politicization of Human Rights constitutes the first comprehensive study of the United Nations Special Procedures as a system covering their history, methods of work, institutional status, relationship with other politically driven organs, and processes affecting their development. The perspective chosen to analyze the human rights mechanisms most vulnerable to political decisions determining their creation, renewal and operationalization, casts a new light on the extent to which these remain the cornerstone of global accountability in protecting the inherent dignity and worth of individuals as well as groups. International human rights mechanisms' efficiency is normally linked to the work of independent experts keen to push the boundaries of accountability against recalcitrant States determined to defend their sovereignty. As a corollary, progress in this field is associated to the creation and maintenance of political free spaces. Another common presumption is a belief in a differentiated 'North' versus 'South' approach to the promotion and protection of human rights, that find common ground within the prevalent human rights discourses repeated by governmental and non-governmental actors. Through the lenses of the United Nations Special Procedures, In Defense of Politicization of Human Rights challenges these and other presumptions informing doctrinal studies, policies and strategies to advance international human rights. Because of the Special Procedures' growing salience and impact in the world of international human rights, this book is likely to become required reading for any student or practitioner of international human rights.
In Defense of Shame: The Faces of an Emotion
by Julien A. Deonna Raffaele Rodogno Fabrice TeroniIs shame social? Is it superficial? Is it a morally problematic emotion? Researchers in disciplines as different as psychology, philosophy, and anthropology have thought so. But what is the nature of shame and why are claims regarding its social nature and moral standing interesting and important? Do they tell us anything worthwhile about the value of shame and its potential legal and political applications? In this book, Julien A. Deonna, Raffaele Rodogno, and Fabrice Teroni propose an original philosophical account of shame aimed at answering these questions. The book begins with a detailed examination of the evidence and arguments that are taken to support what they call the two dogmas about shame: its alleged social nature and its morally dubious character. Their analysis is conducted against the backdrop of a novel account of shame and ultimately leads to the rejection of these two dogmas. On this account, shame involves a specific form of negative evaluation that the subject takes towards herself: a verdict of incapacity with regard to values to which she is attached. One central virtue of the account resides in the subtle manner it clarifies the ways in which the subject's identity is at stake in shame, thus shedding light on many aspects of this complex emotion and allowing for a sophisticated understanding of its moral significance. This philosophical account of shame engages with all the current debates on shame as they are conducted within disciplines as varied as ethics, moral, experimental, developmental and evolutionary psychology, anthropology, legal studies, feminist studies, politics and public policy.
In Doubt: The Psychology Of The Criminal Justice Process
by Dan SimonCriminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.
In Doubt: The Psychology Of The Criminal Justice Process
by Dan SimonCriminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.
In God's Name: Genocide and Religion in the Twentieth Century (War and Genocide #4)
by Omer Bartov Phyllis MackDespite the widespread trends of secularization in the 20th century, religion has played an important role in several outbreaks of genocide since the First World War. And yet, not many scholars have looked either at the religious aspects of modern genocide, or at the manner in which religion has taken a position on mass killing. This collection of essays addresses this hiatus by examining the intersection between religion and state-organized murder in the cases of the Armenian, Jewish, Rwandan, and Bosnian genocides. Rather than a comprehensive overview, it offers a series of descrete, yet closely related case studies, that shed light on three fundamental aspects of this issue: the use of religion to legitimize and motivate genocide; the potential of religious faith to encourage physical and spiritual resistance to mass murder; and finally, the role of religion in coming to terms with the legacy of atrocity.
In Good Conscience: Do the Right Thing While Building a Profitable Business
by Nicholas Ind Oriol IglesiasWhen a customer, employee, or investor is faced with a choice of companies amidst a sea of competitors, they increasingly consider how responsible that organization is. Customers want to buy ethical and sustainable; employees want to feel a sense of purpose at work, and investors need reassurance that their investments are good for the long term. To be competitive and valuable to society, firms need to develop an organizational conscience that drives key strategic decisions and spurs sustainable and responsible innovation. In this book, the authors argue that organizations need to think critically about their role and to use their conscience to guide actions. With plenty of concrete suggestions based on substantive research, it shows how firms can reconcile the competing interests of stakeholders, create an organization that is fair, open and transparent and do the right thing while building a profitable business.With integrated videos and international case studies featuring multinational companies as well as small firms, this book explains how firms can make the transition to becoming conscientious.
In Harm’s Way: The Memoir Of A Child Protection Lawyer From The Most Secretive Court In England And Wales - The Family Court
by Teresa ThornhillWhen the system fails the parents, how can it protect the children? Welcome to the secretive world of the Family Court.
In Hot Water (Mira Ser.)
by Mary Lynn BaxterMarried with a young son, Maci Malone Ramsey has a stable and secure life…
In-House Lawyers' Ethics: Institutional Logics, Legal Risk and the Tournament of Influence
by Richard Moorhead Dr Steven Vaughan Cristina GodinhoThis book provides an empirically grounded, in-depth investigation of the ethical dimensions to in-house practice and how legal risk is defined and managed by in-house lawyers and others. The growing significance and status of the role of General Counsel has been accompanied by growth in legal risk as a phenomenon of importance. In-house lawyers are regularly exhorted to be more commercial, proactive and strategic, to be business leaders and not (mere) lawyers, but they are increasingly exposed for their roles in organisational scandals. This book poses the question: how far does going beyond being a lawyer conflict with or entail being more ethical? It explores the role of in-housers by calling on three key pieces of empirical research: two tranches of interviews with senior in-house lawyers and senior compliance staff; and an unparalleled large survey of in-house lawyers. On the basis of this evidence, the authors explore how ideas about in-house roles shape professional logics; how far professional notions such as independence play a role in those logics; and the ways in which ethical infrastructure are managed or are absent from in-house practice. It concludes with a discussion of whether and how in-house lawyers and their regulators need to take professionalism and professional ethicality more seriously.
In-House Lawyers' Ethics: Institutional Logics, Legal Risk and the Tournament of Influence
by Richard Moorhead Steven Vaughan Cristina GodinhoThis book provides an empirically grounded, in-depth investigation of the ethical dimensions to in-house practice and how legal risk is defined and managed by in-house lawyers and others. The growing significance and status of the role of General Counsel has been accompanied by growth in legal risk as a phenomenon of importance. In-house lawyers are regularly exhorted to be more commercial, proactive and strategic, to be business leaders and not (mere) lawyers, but they are increasingly exposed for their roles in organisational scandals. This book poses the question: how far does going beyond being a lawyer conflict with or entail being more ethical? It explores the role of in-housers by calling on three key pieces of empirical research: two tranches of interviews with senior in-house lawyers and senior compliance staff; and an unparalleled large survey of in-house lawyers. On the basis of this evidence, the authors explore how ideas about in-house roles shape professional logics; how far professional notions such as independence play a role in those logics; and the ways in which ethical infrastructure are managed or are absent from in-house practice. It concludes with a discussion of whether and how in-house lawyers and their regulators need to take professionalism and professional ethicality more seriously.
In(-)Kongruenz leben: Eine qualitative Untersuchung zu vegetarisch und vegan lebenden Menschen aus bildungstheoretischer Perspektive
by Marvin GiehlMarvin Giehl zeigt den im erziehungswissenschaftlichen Diskurs bislang unterrepräsentierten Konnex zwischen den ethisch motivierten Ernährungs- und Lebensformen des Vegetarismus und des Veganismus sowie deren biographischer Genese und bildungstheoretischen Überlegungen auf. Durch die Erhebung qualitativer Interviews und die Auswertung im Stile der dokumentarischen Methode entwirft der Autor mehrere datenbegründete Typiken, welche die Komplexität von ‚vegetarischen‘ und ‚veganen‘ Biographien rekonstruieren. Virulent wird dabei ein spannungsreiches Wechselspiel von erlebter Inkongruenz und Kongruenz. Mit dem Forschungsergebnis legt er eine neue Betrachtung von post-anthropozentrisch gedachten biographischen Bildungsprozessen vor, woraus auch praktische pädagogische Implikationen abzuleiten sind. Schließlich erweitert die Arbeit die Perspektiven im methodologischen Diskurs, indem sie bislang vorherrschende und reproduzierte Fokussierung auf konjunktive Wissensbestände und die damit korrespondieren Wissensformen durch die analytische Berücksichtigung von kommunikativem Wissen ergänzt.
In Living Color: An Intercultural Approach to Pastoral Care and Counseling Second Edition (Practical Theology)
by Emmanuel Y LarteyThe meaning of pastoral care in modern multicultural societies is challenged and re-examined from a pluralistic, global perspective in this book. Lartey stresses the importance of recognizing different cultural influences on individuals in order to effectively counsel, guide and empower them. He provides a concise history of pastoral care.
In Nature's Interests?: Interests, Animal Rights, and Environmental Ethics (Environmental Ethics and Science Policy Series)
by Gary E. VarnerThis book offers a powerful response to what Varner calls the "two dogmas of environmental ethics"--the assumptions that animal rights philosophies and anthropocentric views are each antithetical to sound environmental policy. Allowing that every living organism has interests which ought, other things being equal, to be protected, Varner contends that some interests take priority over others. He defends both a sentientist principle giving priority to the lives of organisms with conscious desires and an anthropocentric principle giving priority to certain very inclusive interests which only humans have. He then shows that these principles not only comport with but provide significant support for environmental goals.
In Our Best Interest: A Defense of Paternalism
by Jason HannaWhen, if ever, is it permissible to intervene in a person's affairs for his or her own good? This, in essence, is the moral problem of paternalism. Many consider paternalism morally objectionable. In this book, Jason Hanna argues boldly for an alternative pro-paternalist view: that intervention is permissible so long as it serves the best interest of the person subject to it, without thereby wronging others. To Hanna, the moral debate over paternalism is most fundamentally a debate about the weight and relevance of a certain kind of reason or rationale for intervention. In arguing that paternalistic rationales provide valid and weighty reasons, Hanna considers the objections that paternalism is disrespectful, that it wrongly imposes values on people, that it violates individual rights, and that it is likely to be misapplied or abused. He argues that each of these objections fails to demonstrate that there is anything distinctively problematic about paternalism. Moreover, he attempts to situate pro-paternalism within a popular rights-based moral theory. Hanna shows that popular alternatives to pro-paternalism confront serious problems of their own, especially insofar as they attempt to distinguish permissible intervention on behalf of incompetent persons from impermissible intervention on behalf of competent adults. Although the book's central aim is to defend a moral view, it suggests how this view can be fruitfully applied in a number of real-world contexts.
In Our Best Interest: A Defense of Paternalism
by Jason HannaWhen, if ever, is it permissible to intervene in a person's affairs for his or her own good? This, in essence, is the moral problem of paternalism. Many consider paternalism morally objectionable. In this book, Jason Hanna argues boldly for an alternative pro-paternalist view: that intervention is permissible so long as it serves the best interest of the person subject to it, without thereby wronging others. To Hanna, the moral debate over paternalism is most fundamentally a debate about the weight and relevance of a certain kind of reason or rationale for intervention. In arguing that paternalistic rationales provide valid and weighty reasons, Hanna considers the objections that paternalism is disrespectful, that it wrongly imposes values on people, that it violates individual rights, and that it is likely to be misapplied or abused. He argues that each of these objections fails to demonstrate that there is anything distinctively problematic about paternalism. Moreover, he attempts to situate pro-paternalism within a popular rights-based moral theory. Hanna shows that popular alternatives to pro-paternalism confront serious problems of their own, especially insofar as they attempt to distinguish permissible intervention on behalf of incompetent persons from impermissible intervention on behalf of competent adults. Although the book's central aim is to defend a moral view, it suggests how this view can be fruitfully applied in a number of real-world contexts.
In Our Name: The Ethics of Democracy
by Eric BeerbohmWhen a government in a democracy acts in our name, are we, as citizens, responsible for those acts? What if the government commits a moral crime? The protestor's slogan--"Not in our name!"--testifies to the need to separate ourselves from the wrongs of our leaders. Yet the idea that individual citizens might bear a special responsibility for political wrongdoing is deeply puzzling for ordinary morality and leading theories of democracy. In Our Name explains how citizens may be morally exposed to the failures of their representatives and state institutions, and how complicity is the professional hazard of democratic citizenship. Confronting the ethical challenges that citizens are faced with in a self-governing democracy, Eric Beerbohm proposes institutional remedies for dealing with them. Beerbohm questions prevailing theories of democracy for failing to account for our dual position as both citizens and subjects. Showing that the obligation to participate in the democratic process is even greater when we risk serving as accomplices to wrongdoing, Beerbohm argues for a distinctive division of labor between citizens and their representatives that charges lawmakers with the responsibility of incorporating their constituents' moral principles into their reasoning about policy. Grappling with the practical issues of democratic decision making, In Our Name engages with political science, law, and psychology to envision mechanisms for citizens seeking to avoid democratic complicity.
In Our Name: The Ethics of Democracy
by Eric BeerbohmWhen a government in a democracy acts in our name, are we, as citizens, responsible for those acts? What if the government commits a moral crime? The protestor's slogan--"Not in our name!"--testifies to the need to separate ourselves from the wrongs of our leaders. Yet the idea that individual citizens might bear a special responsibility for political wrongdoing is deeply puzzling for ordinary morality and leading theories of democracy. In Our Name explains how citizens may be morally exposed to the failures of their representatives and state institutions, and how complicity is the professional hazard of democratic citizenship. Confronting the ethical challenges that citizens are faced with in a self-governing democracy, Eric Beerbohm proposes institutional remedies for dealing with them. Beerbohm questions prevailing theories of democracy for failing to account for our dual position as both citizens and subjects. Showing that the obligation to participate in the democratic process is even greater when we risk serving as accomplices to wrongdoing, Beerbohm argues for a distinctive division of labor between citizens and their representatives that charges lawmakers with the responsibility of incorporating their constituents' moral principles into their reasoning about policy. Grappling with the practical issues of democratic decision making, In Our Name engages with political science, law, and psychology to envision mechanisms for citizens seeking to avoid democratic complicity.
In Plain Sight (Mira Ser.)
by Tara Taylor QuinnOn the outside, Arizona chief prosecutor Janet McNeil is the epitome of a driven, daring attorney who lives life by her own rules. But inside, her world is in chaos.
In Praise of Ambivalence
by D. Justin CoatesAmbivalence is a form of inner volitional conflict that we experience as being irresolvable without significant cost. Because of this, very few of us relish feelings of ambivalence. Yet for many in the Western philosophical tradition, ambivalence is not simply an unappealing experience that's hard to manage. According to Unificationists--whose view finds its historical roots in Plato and Augustine and is ably defended by contemporary philosophers such as Harry Frankfurt and Christine Korsgaard--ambivalence is a failure of well-functioning agency. The reasons for this, we're told, are threefold. First, it precludes agents from resolving their wills in a way that is necessary for autonomy. Second, it precludes agents from fully affirming their live and, in particular, from fully affirming the choices they make. As a result, ambivalence robs them of an important source of meaning. Finally, ambivalence causes agents to act in self-defeating ways. In so doing, they act without integrity. Ambivalence is thus seen as a threat to a trio of important agential goods, and as a result, it imperils the best forms of human agency. Against the Unificationists, D. Justin Coates argues that ambivalence does not preclude volitional resolution or normatively significant forms of affirmation. Nor does it guarantee self-defeat. Consequently, ambivalence as such is no threat to autonomy, meaning, or integrity. In assessing these arguments, ambivalence is also revealed to have an important role in securing the very goods that unificationists contend it undermines. The reason for this is that each of these goods requires the agent to be normatively competent. But normative competence itself, Coates argues, often leads agents to be ambivalent. The best forms of human agency are therefore shown to be not only compatible with ambivalence but as regularly requiring it. Ambivalence is thus not a volitional defect, but a crucial constituent of well-functioning agency.
In Praise of Ambivalence
by D. Justin CoatesAmbivalence is a form of inner volitional conflict that we experience as being irresolvable without significant cost. Because of this, very few of us relish feelings of ambivalence. Yet for many in the Western philosophical tradition, ambivalence is not simply an unappealing experience that's hard to manage. According to Unificationists--whose view finds its historical roots in Plato and Augustine and is ably defended by contemporary philosophers such as Harry Frankfurt and Christine Korsgaard--ambivalence is a failure of well-functioning agency. The reasons for this, we're told, are threefold. First, it precludes agents from resolving their wills in a way that is necessary for autonomy. Second, it precludes agents from fully affirming their live and, in particular, from fully affirming the choices they make. As a result, ambivalence robs them of an important source of meaning. Finally, ambivalence causes agents to act in self-defeating ways. In so doing, they act without integrity. Ambivalence is thus seen as a threat to a trio of important agential goods, and as a result, it imperils the best forms of human agency. Against the Unificationists, D. Justin Coates argues that ambivalence does not preclude volitional resolution or normatively significant forms of affirmation. Nor does it guarantee self-defeat. Consequently, ambivalence as such is no threat to autonomy, meaning, or integrity. In assessing these arguments, ambivalence is also revealed to have an important role in securing the very goods that unificationists contend it undermines. The reason for this is that each of these goods requires the agent to be normatively competent. But normative competence itself, Coates argues, often leads agents to be ambivalent. The best forms of human agency are therefore shown to be not only compatible with ambivalence but as regularly requiring it. Ambivalence is thus not a volitional defect, but a crucial constituent of well-functioning agency.
In Praise of Blame
by George SherBlame is an unpopular and neglected notion: it goes against the grain of a therapeutically-oriented culture and has received relatively little philosophical attention. This book discusses questions about its nature, normative status, and relation to character. The book's most important conclusion is that blame is inseparable from morality itself.