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Author: Arthur Isak Applbaum Publisher: Princeton University Press ISBN: 1400822939 Category : Philosophy Languages : en Pages : 286
Book Description
The adversary professions--law, business, and government, among others--typically claim a moral permission to violate persons in ways that, if not for the professional role, would be morally wrong. Lawyers advance bad ends and deceive, business managers exploit and despoil, public officials enforce unjust laws, and doctors keep confidences that, if disclosed, would prevent harm. Ethics for Adversaries is a philosophical inquiry into arguments that are offered to defend seemingly wrongful actions performed by those who occupy what Montaigne called "necessary offices." Applbaum begins by examining the career of Charles-Henri Sanson, who is appointed executioner of Paris by Louis XVI and serves the punitive needs of the ancien régime for decades. Come the French Revolution, the King's Executioner becomes the king's executioner, and he ministers with professional detachment to each defeated political faction throughout the Terror and its aftermath. By exploring one extraordinary role and the arguments that can be offered in its defense, Applbaum raises unsettling doubts about arguments in defense of less sanguinary professions and their practices. To justify harmful acts, adversaries appeal to arguments about the rules of the game, fair play, consent, the social construction of actions and actors, good outcomes in equilibrium, and the legitimate authority of institutions. Applbaum concludes that these arguments are weaker than supposed and do not morally justify much of the violation that professionals and public officials inflict. Institutions and the roles they create ordinarily cannot mint moral permissions to do what otherwise would be morally prohibited.
Author: Arthur Isak Applbaum Publisher: Princeton University Press ISBN: 1400822939 Category : Philosophy Languages : en Pages : 286
Book Description
The adversary professions--law, business, and government, among others--typically claim a moral permission to violate persons in ways that, if not for the professional role, would be morally wrong. Lawyers advance bad ends and deceive, business managers exploit and despoil, public officials enforce unjust laws, and doctors keep confidences that, if disclosed, would prevent harm. Ethics for Adversaries is a philosophical inquiry into arguments that are offered to defend seemingly wrongful actions performed by those who occupy what Montaigne called "necessary offices." Applbaum begins by examining the career of Charles-Henri Sanson, who is appointed executioner of Paris by Louis XVI and serves the punitive needs of the ancien régime for decades. Come the French Revolution, the King's Executioner becomes the king's executioner, and he ministers with professional detachment to each defeated political faction throughout the Terror and its aftermath. By exploring one extraordinary role and the arguments that can be offered in its defense, Applbaum raises unsettling doubts about arguments in defense of less sanguinary professions and their practices. To justify harmful acts, adversaries appeal to arguments about the rules of the game, fair play, consent, the social construction of actions and actors, good outcomes in equilibrium, and the legitimate authority of institutions. Applbaum concludes that these arguments are weaker than supposed and do not morally justify much of the violation that professionals and public officials inflict. Institutions and the roles they create ordinarily cannot mint moral permissions to do what otherwise would be morally prohibited.
Author: Yvonne Chiu Publisher: Columbia University Press ISBN: 0231544170 Category : Political Science Languages : en Pages : 372
Book Description
Despite the strong influence of just war theory in military law and practice, warfare is commonly considered devoid of morality. Yet even in the most horrific of human activities, there is frequent communication and cooperation between enemies. One remarkable example is the Christmas truce—unofficial ceasefires between German and English trenches in December 1914 in which soldiers even mingled in No Man’s Land. In Conspiring with the Enemy, Yvonne Chiu offers a new understanding of why and how enemies work together to constrain violence in warfare. Chiu argues that what she calls an ethic of cooperation is found in modern warfare to such an extent that it is often taken for granted. The importance of cooperation becomes especially clear when wartime ethics reach a gray area: To whom should the laws of war apply? Who qualifies as a combatant? Should guerrillas or terrorists receive protections? Fundamentally, Chiu shows, the norms of war rely on consensus on the existence and content of the laws of war. In a wide-ranging consideration of pivotal instances of cooperation, Chiu examines weapons bans, treatment of prisoners of war, and the Geneva Conventions, as well as the tensions between the ethic of cooperation and the pillars of just war theory. An original exploration of a crucial but overlooked phenomenon, Conspiring with the Enemy is a significant contribution to military ethics and political philosophy.
Author: Fritz Allhoff Publisher: Oxford University Press ISBN: 0190464178 Category : Philosophy Languages : en Pages : 321
Book Description
Philosophical and ethical discussions of warfare are often tied to emerging technologies and techniques. Today we are presented with what many believe is a radical shift in the nature of war-the realization of conflict in the cyber-realm, the so-called "fifth domain" of warfare. Does an aggressive act in the cyber-realm constitute an act of war? If so, what rules should govern such warfare? Are the standard theories of just war capable of analyzing and assessing this mode of conflict? These changing circumstances present us with a series of questions demanding serious attention. Is there such a thing as cyberwarfare? How do the existing rules of engagement and theories from the just war tradition apply to cyberwarfare? How should we assess a cyber-attack conducted by a state agency against private enterprise and vice versa? Furthermore, how should actors behave in the cyber-realm? Are there ethical norms that can be applied to the cyber-realm? Are the classic just war constraints of non-combatant immunity and proportionality possible in this realm? Especially given the idea that events that are constrained within the cyber-realm do not directly physically harm anyone, what do traditional ethics of war conventions say about this new space? These questions strike at the very center of contemporary intellectual discussion over the ethics of war. In twelve original essays, plus a foreword from John Arquilla and an introduction, Binary Bullets: The Ethics of Cyberwarfare, engages these questions head on with contributions from the top scholars working in this field today.
Author: Richard L. Abel Publisher: ISBN: 0199760373 Category : Law Languages : en Pages : 514
Book Description
People need lawyers for many things, including tax and immigration advice, drafting contracts, preparing wills, buying and selling houses, forming and dissolving companies, and representation and advice during divorce, probate, personal injury and criminal charges. But many people do not trust lawyers. With good reason, they fear that lawyers will neglect or overcharge them, betray them out of self-interest or on behalf of others, or obstruct the pursuit of justice out of overzealousness. Although the legal profession drafts ethical rules, law schools teach those rules, the bar exam tests lawyers' knowledge, and disciplinary bodies enforce them, we know that violations by lawyers are all too common. Lawyers on Trial: Understanding Ethical Misconduct by California Attorneys, by Richard L. Abel, presents six dramatic accounts of California lawyers who betrayed their clients and the legal system. Through the detailed records of the disciplinary proceedings, it examines some of the most common complaints about lawyers: chasing ambulances, charging excessive fees, violating conflict of interest rules, and displaying excessive zeal. These complex and compelling dramas serve to make the ethical rules, and the temptations they seek to curb, come vividly alive for law students, lawyers, those thinking of becoming lawyers, anyone who has been or might some day be a client, and the general public. The lessons to be drawn from these situations can help the legal profession and the public devise better strategies for ensuring that lawyers abide by the rules.
Author: F. M. Kamm Publisher: OUP Oxford ISBN: 0199680590 Category : Philosophy Languages : en Pages : 190
Book Description
Ethics for Enemies comprises three original essays on highly contentious issues in practical moral philosophy. F. M. Kamm presents powerful arguments about the concept and morality of torture; what makes terrorism wrong and whether it is always wrong; and whether the right motivation and the proportionality of harms to good can make war just.
Author: John W. Lango Publisher: Edinburgh University Press ISBN: 0748645764 Category : Political Science Languages : en Pages : 256
Book Description
Just war theory exists to stop armies and countries from using armed force without good cause. But how can we judge whether a war is just? In this original book, John W. Lango takes some distinctive approaches to the ethics of armed conflict. DT A revisionist approach that involves generalising traditional just war principles, so that they are applicable by all sorts of responsible agents to all forms of armed conflict DT A cosmopolitan approach that features the Security Council DT A preventive approach that emphasises alternatives to armed force, including negotiation, nonviolent action and peacekeeping missions DT A human rights approach that encompasses not only armed humanitarian intervention but also armed invasion, armed revolution and all other forms of armed conflict Lango shows how these can be applied to all forms of armed conflict, however large or small: from interstate wars to UN peacekeeping missions, and from civil wars counter-insurgency and counter-terrorism operations.
Author: Arthur Isak Applbaum Publisher: Harvard University Press ISBN: 0674241932 Category : Philosophy Languages : en Pages : 305
Book Description
At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate. What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently. How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason. Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.
Author: Joseph Heath Publisher: Oxford University Press ISBN: 0199990492 Category : Philosophy Languages : en Pages : 425
Book Description
In this collection of provocative essays, Joseph Heath provides a compelling new framework for thinking about the moral obligations that private actors in a market economy have toward each other and to society. In a sharp break with traditional approaches to business ethics, Heath argues that the basic principles of corporate social responsibility are already implicit in the institutional norms that structure both marketplace competition and the modern business corporation. In four new and nine previously published essays, Heath articulates the foundations of a "market failures" approach to business ethics. Rather than bringing moral concerns to bear upon economic activity as a set of foreign or externally imposed constraints, this approach seeks to articulate a robust conception of business ethics derived solely from the basic normative justification for capitalism. The result is a unified theory of business ethics, corporate law, economic regulation, and the welfare state, which offers a reconstruction of the central normative preoccupations in each area that is consistent across all four domains. Beyond the core theory, Heath offers new insights on a wide range of topics in economics and philosophy, from agency theory and risk management to social cooperation and the transaction cost theory of the firm.
Author: Arthur Isak Applbaum
Author: Arthur Isak Applbaum
Author: Yvonne Chiu
Author: Fritz Allhoff
Author: Richard L. Abel
Author: F. M. Kamm
Author: Henry Sidgwick
Author: John W. Lango
Author: Alfred Hodder
Author: Arthur Isak Applbaum
Author: Joseph Heath